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Tennessee to roll out “No Refusal” blood-draw DUI checkpoints for Labor Day
http://www.policestateusa.com ^ | August 31, 2013

Posted on 09/02/2013 6:46:50 AM PDT by lowbridge

Labor Day: another holiday, another excuse to push the limits of the police power over citizens. All across the state, Tennessee police will be performing another round of highly-publicized “no refusal” blood-draw DUI checkpoints this weekend. With police armed with a 2012 law that allows them to forcibly extract blood from drivers, its a bad time to be a citizen who does not consent to searches.

Forcible blood draws began in Tennessee in 2009, being used only for cases of vehicular assault. In all other circumstances, the blood draws were not forcible. They could be declined, with the understanding the DUI suspect’s driver’s license would be suspended. Tennessee calls it the Implied Consent Statute.

That changed January 1, 2012, with the enactment of a new law that took away that choice for suspects to decline with a license suspension. Ever since the law took effect, police can obtain rubber-stamped warrants to forcibly extract blood from any driver they decide is a DUI suspect.

Additionally, the new law now mandates blood be drawn from citizens in a variety of circumstances. No longer limited to vehicular assault cases, police are not required to take the blood of any DUI suspect who has ever had a DUI conviction in their life, according to WBIR. The other requirement is that blood be drawn from any suspect who has a person under the age of 16 in the car. The rest of the blood-draw cases are done upon seeking a readily available warrant.

In light of these new powers, the latest fad in Tennessee law enforcement is setting up “no refusal” checkpoints, having a judge or a judicial commissioner on call to churn out blood warrants on demand.

(Excerpt) Read more at policestateusa.com ...


TOPICS: Crime/Corruption; News/Current Events; US: Tennessee
KEYWORDS: dui; duibloodtest; duicheckpoint; propertyseizure; tennessee; warrantlessblooddraw
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1 posted on 09/02/2013 6:46:51 AM PDT by lowbridge
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To: lowbridge
Tennessee just has that ring of defiance in my imagination .... How did this happen?

I never knew until just now.

2 posted on 09/02/2013 6:50:26 AM PDT by knarf (I say things that are true ... I have no proof ... but they're true)
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To: lowbridge

3 posted on 09/02/2013 6:51:58 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: lowbridge

in the land that was once free, now the home of the slaves.


4 posted on 09/02/2013 6:57:08 AM PDT by RC one
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To: knarf

IIRC, TN was one of the first Vichy governments to assist the DHS in highway stop-n-searches. Go figure that from a state that brought you Gore senior and Al Gore as state Senators. Just guessing here but I’d say there is a large contingent of liberals and hangers-on due to Oak Ridge, TVA and other Federally funded institutions. Oh, and don’t forget Memphis - overtaken by Obama’s children.


5 posted on 09/02/2013 6:57:08 AM PDT by Gaffer
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To: lowbridge

TN - welcome to the Republik!


6 posted on 09/02/2013 6:59:35 AM PDT by bigbob
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To: lowbridge

Blood? Somebody’s going to draw their blood first.


7 posted on 09/02/2013 6:59:57 AM PDT by SamuraiScot
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To: Travis McGee

“The Land of the Free” has been a joke to international business travelers for some time, and we have lost BILLIONS as people choose to fly through and/or do business in Canada, Mexico, S America... This is just an “indicator.” The whole notion of a “safety arrest” is something Americans are getting used to, evidently with pride we are fighting terrorism, or drunk driving, or anything else...
The best part is that all states but NC allow SEIZURE OF PROPERTY WITH NO CONVICTION. Great article in the New Yorker about it last month. So, the cops can take your blood AND your car, for “no reason.”
Sheeple.


8 posted on 09/02/2013 6:59:57 AM PDT by golux
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To: knarf

Ditto what you said. If this is happening in Tennessee, this country is in even worse shape than I thought.
For shame.


9 posted on 09/02/2013 7:04:04 AM PDT by HomeAtLast
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To: lowbridge

Protect Vehicular Assault!!

If I want to assault someone with my vehicle then BY DAMN I will do so, AND you’ll not take a drop of my blood for recompense!


10 posted on 09/02/2013 7:10:46 AM PDT by babble-on
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To: lowbridge

Protect Vehicular Assault!!

If I want to assault someone with my vehicle then BY DAMN I will do so, AND you’ll not take a drop of my blood for recompense!


11 posted on 09/02/2013 7:10:47 AM PDT by babble-on
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To: lowbridge
Wow...I guess I would be going to jail...

LEO: Mr. Popman...we need to take a sample of your blood...

Popman: Sorry officer, that isn't going to happen, either arrest me now or let me go...

LEO: Click, click

12 posted on 09/02/2013 7:10:58 AM PDT by Popman
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To: lowbridge

I worked in Oak Ridge for a couple of years, and really like the state. My daughter was born there.

Now I am ashamed to even claim setting foot in the state. I had never heard of this being applied in this manner. Whatever happened to probably cause and due process? They are invading your body (with a needle) and removing what is undeniably yours (blood) just because they think it will make things “safer” for the common good?

We are officially done as a country. All that is left is sorting out who lives and dies.


13 posted on 09/02/2013 7:18:14 AM PDT by LaRueLaDue
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To: babble-on
"If I want to assault someone with my vehicle then BY DAMN I will do so, AND you’ll not take a drop of my blood for recompense!"

You didn't read the article, did you?

"These so-called “no refusal” checkpoints involve police blocking a public road, sometimes forcing drivers into a parking lot, where they will be forced to prove their innocence to police officers. ... Drivers who draw police interest — say, for being less than thrilled about being subjected to police checkpoints on American streets — may be put through field sobriety tests and may ultimately told that they will either voluntarily submit to a search, or they will be forcibly be subjected to a search. I am referring to breath and blood searches."

14 posted on 09/02/2013 7:22:35 AM PDT by Flag_This (Term limits.)
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sfl


15 posted on 09/02/2013 7:25:16 AM PDT by phockthis (http://www.supremelaw.org/fedzone11/index.htm ...)
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To: lowbridge

Well Hell..... When TN itself decides the US Constitution is fishwrap the Republic is no more.


16 posted on 09/02/2013 7:32:04 AM PDT by wonkowasright (Wonko from outside the asylum)
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To: lowbridge

Isn’t I-40 through Tennessee famous now for cops routinely extorting money from drug traffickers?

Having twice spent about 4 years in this much over-rated state, I’ve now got to wonder not only why anyone would live there, but why anyone would even travel on the roads there.

I seldom bother going back east anyway, but this will certainly be one state I’ll avoid from here on out.


17 posted on 09/02/2013 7:39:44 AM PDT by dagogo redux (A whiff of primitive spirits in the air, harbingers of an impending descent into the feral.)
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To: lowbridge

Tennessee is a fascist police state.


18 posted on 09/02/2013 7:41:20 AM PDT by microgood
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To: Gaffer

Most of TN votes Republican but the GOP wasn’t the dominant party in the past, it was centered in East TN (Knoxville and Tri-Cities) back then. Those parts didn’t support the Confederacy and became GOP.

The East TN RINO Establishment of Governor Haslam, Senators Alexander and Corker etc. rules the roost of TN politics right now.


19 posted on 09/02/2013 7:44:22 AM PDT by Nextrush (BALANCED BUDGET NOW, PRESIDENT SARAH PALIN,CHANGE I BELIEVE IN)
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To: LaRueLaDue

this law could be changed, can’t it?.......although possibly well intentioned to start, its grown a life of its own now....


20 posted on 09/02/2013 7:48:32 AM PDT by cherry
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To: lowbridge

Who will draw the blood? Will troopers be trained phlebotomists? I would demand to see some credentials that document their skill in drawing, sampling, testing, infection control, hazardous waste collection and disposal for starters. This could get very messy if lets say a medical malpractice atty decided to make this a crusade.


21 posted on 09/02/2013 7:50:15 AM PDT by Artie (We are surrounded by MORONS)
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To: Flag_This

At the slightest hint that this has ever been used for purposes other than getting murdering drunks of the public rights of way, I’ll be with you. Is there any such allegation, or is this just people getting their knickers twisted over the rights of heavy drinkers to commit mayhem?


22 posted on 09/02/2013 7:51:42 AM PDT by babble-on
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To: babble-on
" Is there any such allegation, or is this just people getting their knickers twisted over the rights of heavy drinkers to commit mayhem?"

So you're good with being randomly stopped and detained at any time for any reason, as long as they promise you it's for your own safety? "Probable cause" and "reasonable suspicion" don't rank highly with you?

23 posted on 09/02/2013 8:03:07 AM PDT by Flag_This (Term limits.)
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To: Flag_This

Warrant-less blood draws are a HUGE issue for healthcare workers. Most did not sign on to non-treatment medicine. So the warrant-less blood draws are even a tougher issue. And a roadside blood draw at that? Who is responsible for malpractice if someone has a bad draw with side effects? Did they exempt those laws too?

I’m not a big fan of any whole sale interference in people’s right to “be secure in their persons...without due process of law”. Why are those words important?

DK


24 posted on 09/02/2013 8:26:39 AM PDT by Dark Knight
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To: Flag_This

Not for any reason, but to catch drunk drivers, yes.


25 posted on 09/02/2013 8:46:36 AM PDT by babble-on
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To: babble-on

Have a cell phone? Belong to social media? All checkpoints are texted, Tweeted, and Facebooked. In other words, even though this is still a clear violation of the 4th, those actually driving under the influence are avoiding the checkpoints anyway. Waste of time, waste of money, waste of parchment and ink on the part of the Framers.


26 posted on 09/02/2013 8:49:41 AM PDT by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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To: LaRueLaDue
All that is left is sorting out who lives and dies.

The oppressors have to be the ones waking up dead, or just disappearing. Otherwise it will eventually be us. Those who GIVE THE ORDERS must be the primary targets.

27 posted on 09/02/2013 8:50:33 AM PDT by JimRed (Excise the cancer before it kills us; feed &water the Tree of Liberty! TERM LIMITS, NOW & FOREVER!)
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To: lowbridge

I used to like TN but they just lost this tourist’s vacation money.


28 posted on 09/02/2013 8:55:52 AM PDT by bgill (This reply was mined before it was posted.)
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To: lowbridge
Forcible blood draws began in Tennessee in 2009, being used only for cases of vehicular assault. In all other circumstances, the blood draws were not forcible. They could be declined, with the understanding the DUI suspect’s driver’s license would be suspended.

And this is how tyranny always begins. All the government has to do is get their foot in the door with a "reasonable" law under the guise of public safety and then they chip away at our freedoms in incremental steps until there are none left.

29 posted on 09/02/2013 8:56:12 AM PDT by SamAdams76
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To: lowbridge

We moved to Tennessee one year ago and found that it is not the Conservative strong hold that we had heard it to be. There is an underlying problem of graft and corruption that is in every county government here. I think this state is still the Demoncratic stronghold that it has been for years, with the demons driven slightly underground by the rise of the Republican party in recent years. In most of the poor counties, it seems to be business as usual.

We are leaving for Texas in two weeks!


30 posted on 09/02/2013 8:56:25 AM PDT by Big_Harry (Ecc10:2 "A wise man's heart is at his right hand; but a fool's heart at his left")
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To: babble-on
Your reason is only as good as the next person's reason.

What about forced blood tests for drivers to determine the level of nicotine in their systems? Although smoking in a vehicle is not illegal (well, it is in some instances), how could you argue against that? After all, the driver may be impaired by being hopped up on nicotine, or they could drop a lit cigarette in their lap, or they could reach for the pack and lose control ... and on and on.

My point is that although I agree with you that we must remove from the road (and punish severely on the first offense) people who drive drunk, "safety" as an absolute is in direct conflict with liberty (and the Constitution recognizes that).

31 posted on 09/02/2013 9:00:06 AM PDT by glennaro
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To: Popman
Popman: Sorry officer, that isn't going to happen, either arrest me now or let me go...

There is no way a cop is going to draw my blood on the roadside. Cop will need to knock me out by some means and drag me out of the car. I'm series.

FMCDH(BITS)

32 posted on 09/02/2013 9:01:36 AM PDT by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: lowbridge

Think they’ll be sure to use new equipment between draws?

You know, just like a hospital?

Or will it be the TSA blue gloves/thousands of passengers?

If you find out they’ve used the same needle several times, you know, that ‘revenge’ that seems to inhabit the brains of a certain demographic, will you have legal recourse if you find yourself infected with a blood borne disease later?


33 posted on 09/02/2013 9:01:44 AM PDT by Black Agnes
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To: Travis McGee

Just making sure all the empty drives in Utah are filled with DNA and other relevant medical info...


34 posted on 09/02/2013 9:02:29 AM PDT by Black Agnes
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To: goodwithagun
"Have a cell phone? Belong to social media? All checkpoints are texted, Tweeted, and Facebooked."

Heck, the police text and tweet their own locations! I receive road and traffic info from the local police dept and they make sure all sobriety check points are sent out days ahead of time. In fact I have changed my route on several occasions in order to avoid the traffic backup I know will occur.

35 posted on 09/02/2013 9:02:55 AM PDT by Grammy (He frustrates the devices of the crafty, so that they cannot carry out their plans. Job 5:12)
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To: babble-on
Not for any reason, but to catch drunk drivers, yes.

You probably smile when you get in line to go through the x-rays at the airports, too.

I'll thank you not to surrender my freedoms to catch your drunk drivers. Find another way.

36 posted on 09/02/2013 9:05:30 AM PDT by onona (The Earth is the insane asylum for the universe)
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To: babble-on

Yeah.

And the IRS only audits those evil tax criminals. Except when they have a political target.

And the EPA only goes after evil polluters! Except when they have a political target.

I’m sure this power will NEVER be abused in a political way.

And I’m sure they’ll NEVER use those blood samples to populate a national DNA database. Never I say!

There’s nothing stopping them from stopping everyone to get a blood sample. Yours included. Can’t be too safe, right?

I’m sure you have no problem with this, correct? If you have nothing to hide. Right?

And I’m equally certain they’ll be absolutely certain to use CLEAN and SANITARY procedures with this. A clean and new needle with every draw! Just like the TSA uses the same blue gloves on the exposed genital area of multiple passengers. And complaints about this are taken to be harassment of the TSA workers.

So roll up your sleeve, citizen! You have only the HepC infection of the previous driver through the checkpoint to fear!


37 posted on 09/02/2013 9:07:23 AM PDT by Black Agnes
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To: babble-on
At the slightest hint that this has ever been used for purposes other than getting murdering drunks of the public rights of way, I’ll be with you. Is there any such allegation, or is this just people getting their knickers twisted over the rights of heavy drinkers to commit mayhem?

Congratulations! You've won the Police State Supporter Award for this thread. The award can be collected through your local jackboots. I'm sure you know how to get in touch with them.

38 posted on 09/02/2013 9:20:42 AM PDT by zeugma (Is it evil of me to teach my bird to say "here kitty, kitty"?)
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To: babble-on

That is the most horrible reasoning I’ve ever heard on FR. Let’s give up our rights and become a police state with the kind, compassionate traffic Nazi’s ensuring law and order by sticking us with needles. After all, the state has our best interests at heart, of course! They would never lie, switch blood samples, infect us with diseases, lie, tamper with evidence, inject us with drugs unknowingly, use NSA date to persecute conservatives through this process...
Let’s just let them do whatever they want!!! It’s all for the peace and security of the state! After all the silly old rights of the individual are so passé. We must submit for the common good!

major /sarc of course


39 posted on 09/02/2013 9:21:32 AM PDT by boxlunch (Psalm 94)
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To: rockrr

I wonder if criticism of these Tennessee police state tactics would be considered a form of “south bashing”?

Maybe we should ask our resident expert.


40 posted on 09/02/2013 9:21:41 AM PDT by mac_truck ( Aide toi et dieu t aidera)
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To: JimRed
The oppressors have to be the ones waking up dead, or just disappearing. Otherwise it will eventually be us. Those who GIVE THE ORDERS must be the primary targets.

Uh, no. The jackboots on the scene should be the primary targets.

41 posted on 09/02/2013 9:22:17 AM PDT by zeugma (Is it evil of me to teach my bird to say "here kitty, kitty"?)
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To: zeugma
Uh, no. The jackboots on the scene should be the primary targets.

Cut off the head and the snake will die. The jackboots won't be likely to act without orders.

42 posted on 09/02/2013 9:44:39 AM PDT by JimRed (Excise the cancer before it kills us; feed &water the Tree of Liberty! TERM LIMITS, NOW & FOREVER!)
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To: lowbridge

Tennessee did he same thing for the Memorial Day holiday. Here is a link to the checkpoints
for the Labor Day holiday.

https://news.tn.gov/sites/default/files/082713%20-%20Labor%20Day,%20No%20Refusal%20checkpoints.pdf


43 posted on 09/02/2013 9:55:22 AM PDT by deport
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To: mac_truck

This can’t be happening. The Polizei must be carpetbaggers...

/s


44 posted on 09/02/2013 10:08:31 AM PDT by rockrr (Everything is different now...)
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To: glennaro

Checking your blood sugar next?


45 posted on 09/02/2013 10:09:41 AM PDT by rawhide
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To: babble-on

Any methods that are allowed to catch drunk drivers will be used for other reasons. The problem with allowing authorities to over-reach for certain crimes is they branch out to other areas. Remember SWAT teams in the beginning were used only in very serious situations; bank robberies in progress with hostages, very dangerous people holed up with hostages or in an area where other people were in immediate danger. I don’t remember anyone objecting to SWAT teams when they were first used. Now in many areas SWAT is not only used routinely for drug raids but to serve warrants as well. There is not always a clear reason to use SWAT but it is used anyway. Methods to catch drunk drivers will also be used for other reasons.

By the way does anyone know if there is any restriction in this law to keep them from immediately using it for other reasons? Can they run the DNA and data bank it as well? Are they going to be able to do this any time they do a traffic stop or is this specific to DUI checkpoints? I would want a lot of questions answered before I would consider supporting this.


46 posted on 09/02/2013 10:10:36 AM PDT by Tammy8 (~Secure the border and deport all illegals- do it now! ~ Support our Troops!~)
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To: Tammy8

Travel options are lessening. So much for Nazi-Tennessee.


47 posted on 09/02/2013 10:14:36 AM PDT by hal ogen (First Amendment or Reeducation Camp?)
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To: JimRed
Cut off the head and the snake will die. The jackboots won't be likely to act without orders.

They need to be hit too, but it's much harder to identify the target when they aren't the one standing there forcing some citizen to give his blood in a blatant violation of his rights. If you reduce the life expectancy of jackboots, there will be less folks wanting to play nazi.

48 posted on 09/02/2013 10:36:10 AM PDT by zeugma (Is it evil of me to teach my bird to say "here kitty, kitty"?)
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To: Big_Harry
We are leaving for Texas in two weeks!

Don't get into Travis county. They have the "No Refusal” blood-draw on every holiday weekend.

49 posted on 09/02/2013 11:34:18 AM PDT by Arrowhead1952 (The Second Amendment is NOT about the right to hunt. It IS a right to shoot tyrants.)
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To: lowbridge
What about the person who claims to be a hemopheliac where a blood draw will not congeal? I'm sure that the cops will not understand what is being said, and will just press harder with the needle.

-PJ

50 posted on 09/02/2013 11:46:11 AM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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