I’m locked up!!! Help me beat the case…

[aceupthepants]

Hi I was wondering if littering was a probable cause for a police officer to administer a breathalyzer. I know we are protected from unreasonable searches under the Fourth amendment, but would littering give a police officer reason to breathalyze someone? I ask because the other night while walking down the street I accidentally littered the top of a blow pop wrapper and a police officer saw this. He told me if he found the wrapper then he would “arrest me” he found it then took me to the station and breathalyzed me, where he cited me for underage drinking (I’ll be 21 in 2 weeks). Also since littering is not considered a misdemeanor as far as I know how could he make claims of “arresting” me? Wouldn’t this constitute harassment?