Michigan’s law which requires those under 21 to submit to a PBT has been struck down as unconstitutional by a federal judge. Sometimes they do get it right. But it doesn’t make whole anyone who was needlessly forced to submit to such a test in the past.
Probably, though, this will just lead to a new era of rubber-stamping search warrants in order to obtain such searches in the future.
Judges almost never “rubber stamp” search warrants. They generally take their function as a neutral magistrate quite seriously and — no pun intended — soberly.
The police, meanwhile, can simply claim (perhaps falsely) that the suspect “appeared intoxicated” and arrest them for public drunkenness. See, e.g., here.
@Kip: Having spent 28 years in local law enforcement it was my observation that most localt district court judges took a rather pedestrian approach to reviewing these types of search warrants…almost like it was a bother to them to be engaged in the process.