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Refuse an alcohol breath test July 4? Expect to give blood
KVAL ^ | 06/25/14 | Chris Liedle

Posted on 06/30/2014 10:53:41 AM PDT by Enlightened1

EUGENE, Ore. - If you refuse to take an alcohol breath test this Fourth of July weekend, be prepared to give blood.

Eugene, Springfield and Oregon State police plan a "No Refusal Weekend" over the Independence Day holiday.

Police plan to work in coordination with prosecutors and judges to quickly obtain "blood draw warrants" for drivers who refuse blood alcohol content testing.

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


TOPICS: Constitution/Conservatism; Government; US: Oregon
KEYWORDS: abuseofpower; blood; independenceday; july4; oregon; police
Should this be considered an unreasonable search, and constitute a violation of the Fourth Amendment?

The Irony to do this on the 4th of July of all days.

1 posted on 06/30/2014 10:53:41 AM PDT by Enlightened1
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To: Enlightened1

The US Supreme Court has affirmed this. They have instant court orders from a judge on this, so it passes Constitutional review.


2 posted on 06/30/2014 10:59:17 AM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Enlightened1

Freedom is Slavery. Slavery is Freedom. Safety is Liberty. Obedience is Independence. America is “The Land of the Free.”


3 posted on 06/30/2014 11:00:30 AM PDT by golux
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To: Enlightened1

Quoting ... Police plan to work in coordination with prosecutors and judges to quickly obtain “blood draw warrants” for drivers who refuse blood alcohol content testing.

— — —

That’s what makes it Constitutional ... the judge’s warrant makes it pass Constitutional review.


4 posted on 06/30/2014 11:01:49 AM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Enlightened1

remember when they did the test run on this?

We were told it was voluntary then.


5 posted on 06/30/2014 11:02:42 AM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: Enlightened1

The police state marches on, cheered on my nanny staters everywhere.


6 posted on 06/30/2014 11:06:13 AM PDT by zeugma (It is time for us to start playing cowboys and muslims for real now.)
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To: Star Traveler
it passes Constitutional judicial review.
7 posted on 06/30/2014 11:06:59 AM PDT by Ray76 (True change requires true change - A Second Party ...or else it's more of the same...)
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To: Enlightened1

And certainly the tyrant pigs will destroy the DNA they collect from your blood sample.


8 posted on 06/30/2014 11:07:46 AM PDT by Organic Panic
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To: Enlightened1

Oregon=Commie Stinkhole State


9 posted on 06/30/2014 11:07:47 AM PDT by vette6387
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To: Enlightened1

Amend IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


10 posted on 06/30/2014 11:09:25 AM PDT by Ray76 (True change requires true change - A Second Party ...or else it's more of the same...)
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To: Enlightened1

> Should this be considered an unreasonable search, and constitute a violation of the Fourth Amendment?
The Irony to do this on the 4th of July of all days.

It depends on where you are and what mischief you’re up to. If you’re at your own home you shouldn’t have a problem. Go driving and hit someone you go to jail. Start screaming from your porch and become a loud drunk and a nuisance you might go to jail.

The question almost seemed to be a “bait” question to get FR’pers to spiel 4th amendment protections to make them say something stupid that would make them look bad and help the DemonRats and the liberals.


11 posted on 06/30/2014 11:12:10 AM PDT by jsanders2001
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To: Enlightened1

I love the first comment on that page by Jay Martin.
Mr. Martin, Great Post.


12 posted on 06/30/2014 11:12:20 AM PDT by mowowie
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To: Ray76

The Supreme Court ruled on the Constitutional issues ... :-) ...

If citizens want to take it beyond that, then they’ll have to get a Constitutional Amendment passed to undo the US Supreme Court decision.


13 posted on 06/30/2014 11:13:00 AM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Star Traveler

Or a SCOTUS decision that is obedient to the Constitution.


14 posted on 06/30/2014 11:15:37 AM PDT by Ray76 (True change requires true change - A Second Party ...or else it's more of the same...)
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To: Enlightened1

Can’t make Lois Lerner testify, but can take your blood.


15 posted on 06/30/2014 11:16:18 AM PDT by Lockbox
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To: Lockbox

Jackpot! We have a winner!

Outstanding reply!

One standard for them and another for us. I’m tired of their double standards on everything.


16 posted on 06/30/2014 11:18:13 AM PDT by Enlightened1
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To: Enlightened1

Can’t have my blood unless you’re willing to give some of your own.


17 posted on 06/30/2014 11:19:11 AM PDT by Crazieman (Are you naive enough to think VOTING will fix this entrenched system?)
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To: Star Traveler
Yes and the Supreme Court recently, at one point, said Obama-care was legal and the law of the land....

Did you believe it was legal?

18 posted on 06/30/2014 11:20:32 AM PDT by Enlightened1
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To: Enlightened1

What’s the probable cause, independence? Peasants ought to know better and should just stay home on any holiday, especially on that uppity Independence Day.


19 posted on 06/30/2014 11:22:31 AM PDT by Ezekiel (All who mourn the destruction of America merit the celebration of her rebirth.)
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To: Enlightened1

Don’t think he’s defending the SCOTUS view, just stating a fact: that nobody is going to stop police from doing this, because of the SCOTUS decision on its Constitutionality. You see the difference, right?


20 posted on 06/30/2014 11:23:22 AM PDT by dinoparty
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To: dinoparty

I do but I’m just saying the SCOUTUS is not consistent in their rulings. Thus, this could be and should be challenged in a federal court of law.


21 posted on 06/30/2014 11:25:52 AM PDT by Enlightened1
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To: Enlightened1

We have a system that was given to us, and a “mechanism” to take care of anything that the US Supreme Court decides that you don’t think is right. The process for overriding the US Supreme Court is a Constitutional Amendment. It’s that simple, in terms of the process and dealing with a decision you think is wrong.


22 posted on 06/30/2014 11:37:31 AM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Star Traveler
We don't need a Constitutional Amendment. We have the 4th Amendment.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Our sovereign Rights come from our Creator(not government), and is recognized by the U.S. Constitution. Our rights trump any Constitutional Amendment period.

23 posted on 06/30/2014 11:52:24 AM PDT by Enlightened1
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To: Enlightened1

You need a Constitutional Amendment if you disagree with a US Supreme Court decision ... as that’s the “mechanism provided” for the people to overrule it ... :-) ...


24 posted on 06/30/2014 11:59:18 AM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Enlightened1
"No Refusal Weekend"

No Constitution Weekend.

25 posted on 06/30/2014 12:04:10 PM PDT by MUDDOG
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To: Enlightened1

Checkpoints are unreasonable, but if it’s not a checkpoint there’s no problem. It’s pretty standard for large municipalities to keep a couple of overnight judges on hand to approve the blood draw if you refuse the breath test. And in some states you get punished for refusing the breath test (AZ is automatic one year license suspension) THEN they call the judge and draw your blood.


26 posted on 06/30/2014 12:05:31 PM PDT by discostu (Ladies and gentlemen watch Ruth!)
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To: Enlightened1

Sounds like Oregon is now ruled by FASCISTS.


27 posted on 06/30/2014 4:34:10 PM PDT by BobL
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To: Enlightened1

What’s so wrong with holding someone down and sticking a needle in their arm? I mean its the law right? It must be constitutional or they wouldn’t do it. They could just thrown you to the ground and taze you to death.


28 posted on 06/30/2014 4:43:57 PM PDT by Georgia Girl 2 (The only purpose o f a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Enlightened1

Law enforcement-you’ve come a long way, baby!


29 posted on 06/30/2014 4:47:22 PM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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