The group claims deputies did not have search warrants in each of the instances.
SUTTONS BAY -- When it comes to law enforcement, making sure people follow the law is their job. But according to the ACLU of Michigan- Northwest Branch, Leelanau County deputies are violating constitutional law.
The ACLU recently sent a letter to the sheriff's office after receiving information about five specific instances in which deputies entered Leelanau County homes without search warrants.
Once inside the homes, the ACLU says the deputies demanded college age students take breathalyzer tests.
"Also telling them that if they didn't take the test that would be cited for refusal to take a breathalyzer tests, which under the law is a $100 civil fine," says ACLU of Michigan cooperating attorney, Jim Saffell.
Saffell says two of the instances happened in 2007 and three happened this past summer.
In each case, deputies believed underage drinking was taking place in the homes, but they didn't have search warrants to enter.
"Warrants of course are fairly easy and quick to obtain. So, one of the messages that we'd like to send in all this is follow the law and obtain a warrant, it's very simple. Officers can on some occasions enter a home without a warrant, but short of an emergency they're not supposed to do that, it's a violation of the law," says Saffell.
7&4 News did speak with Leelanau County Undersheriff, Scott Wooters and he says since Sheriff Oltersdorf it out of town at a conference their office did not want to comment on the ACLU's letter until he returns.
"In their defense somewhat it's not always crystal clear what to do when you're at the scene and trying to make a good judgment. However, we think there's been a pattern of disregard for what the law clearly states and we're asking that deputies get some training and get up to speed on what it is they're supposed to be doing," says Saffell.
The ACLU says their next step is waiting for a response from the Leelanau County Sheriff's Office.
