PEOPLE v. CHOWDHURY
775 N.W.2d 845 (2009)
285 Mich. App. 509
Docket No. 288696.
Court of Appeals of Michigan.
Submitted August 5, 2009, at Detroit.
Decided September 10, 2009, at 9:00 a.m.
Lori Grigg Bluhm, City Attorney, and Allan T. Motzny, Assistant City Attorney, for the plaintiff.
Richard A. Levitt for the defendant.
Before: STEPHENS, P.J., and JANSEN and WILDER, JJ.
Plaintiff, the city of Troy (City), appeals by leave granted the circuit court's denial of leave to appeal, which allowed to stand the district court's order striking down a City ordinance and suppressing certain evidence collected from defendant during a preliminary breath test (PBT). Having found no error in the district court's ruling or the circuit court's denial of leave to appeal, we now affirm.I
A number of young adults under 21 years of age were allegedly drinking alcoholic beverages at a house party in the City. Police officers responded to a call and arrived to find a group of individuals leaving the party on foot. The officers detained the group of young adults, which included defendant. An officer asked each of the young adults whether he or she had been drinking alcohol. Some of the young adults indicated that they had been drinking, and others indicated that they had not. The officer divided the young adults into two smaller groups, separating those who admitted that they had been drinking from those who denied drinking at the party. The officers then proceeded to administer PBTs to the young adults. One of the officers administered a PBT to defendant, which resulted in a reading of "0.025." It is undisputed that the officer did not request defendant's consent before administering the PBT. Neither that particular officer, nor any other officer, obtained a search warrant before administering the PBTs.
The City ordinance at issue in this case, Troy Ordinance § 98.10.03, provides in relevant part:
A person less than 21 years of age shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, or possess or attempt to possess alcoholic liquor. A person who violates this section is guilty of a misdemeanor....
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