Skip to comments.Missouri court rejects warrantless DWI blood test
Posted on 01/17/2012 4:31:51 PM PST by MissouriConservative
The Missouri Supreme Court has thrown out the results of a blood test on an unwilling suspect in a routine drunken-driving stop, ruling the officer should have obtained a judges warrant for the test.
(Excerpt) Read more at kansascity.com ...
Good! One step closer to eliminating the MADD nazi’s and their judicial supporters.......
I thought I was the ONLY person who thinks MADD has gone too far.
It’s about time some common sense prevailed. Hope to see more of this kind of stuff..like maybe stopping these insane DUI checkpoints.
Then it became every weekend. And so on. Incrementally they have forged ahead with trying to make it mandatory if you are even suspect of drinking. They will force you to have your blood drawn if you refuse to take the breathalyzer.
Nobody should be driving when they are intoxicated but where do we draw the line on our 4th Amendment rights?
A GA State Patrol trooper brought a suspected DUI driver in for a blood test to my ER. The suspect/patient refused to have the sample taken, therefore I refused to do the test.
The Trooper threatened to arrest ME! I told him to “make my day. Under the law in GA, I would be guilty of assault if I touch that man without his permission, and your overinflated ego can’t make that fact go away. I don’t work in law enforcement, and I am not an agent of the state. Go pi$$ up a rope.” I then turned and walked to the nearest phone to file a complaint with the state Attorney General.
Believe me, you're not alone. Monomania is a sickness, and it doesn't help that as a nation we tend to overdo things.
In Las Vegas, they will pin you to the ground and beat you if you refuse to cooperate in drawing a sample.
I should know. I said “No” and was immediately set upon.
That was a real eyeopener.
Sounds like the power went to his head. I find this happening with more and more police. It’s like they think they can do anything, no matter what the law or the Constitution tells them.
Sorry hear that, sounds like Las Vegas is further along the police state than some.
They also, if I remember correctly, have an unusually high rate of people who aren’t drunk that they subject to their bloodletting, who, after the ordeal and the time in the slammer are told, ..uh, sorry.
I am from Vegas (Born and raised). If I remember correctly, blood tests are NOT optional there. I don’t drink, so have never thought much about the particulars (I moved from Vegas a few years back, about the time I legally could drink, but again, I don’t), but if I remember correctly from drivers ed, you cannot refuse to be tested, or you forfeit your license. I could be wrong, but I think that if you are “suspected” of drunk driving, then they can take you to have blood drawn (or a urine sample) on the spot. If anyone knows definitively, be sure to chime in, but that’s what I recall.
LVMPD revels in their abuse of authority. I have many friends who joined the police department, and all of them but one left within a few years, because they didn’t like the dirty cop nonsense. The corruption is nearly limitless, as attested to at every turn by the scum. One of the reasons I left Vegas is because I got sick of the police corruption. I got sick of the random stops and answering where I was going and what I was doing. I never had any legal problems with LVMPD (other than their unconstitutional, and fruitless trolling), and I would never want to. They love to abuse their authority at every turn. Oh the stories I could tell, from first and second hand.
Also, I was pulled over and questioned by the police with no probable cause. They separated my girlfriend and I and questioned us. That was just as disconcerting.
“Las Vegas is further along the police state than some.”
Probably one of the worst in the nation. The tactics they use are amazing. I remember once when they wanted raises. They asked (and got, mind you), for a special sales tax of IIRC 1-2% just to pay for more police, saying that it would help offset the police that were used on “the strip.” Many people were against it, and said, if we have the sales tax, get rid of the property taxes.
So, about a month before the vote, the cops quit responding to calls. It would take an hour or two for simple traffic issues. When people complained, they’d say “Well, vote for the tax increase so we can get more cops,” so the people voted in favor of the resolution/bill. Immediately (the next day) the cops were back out in gestapo fashion. Terrible.
They need a civilian review board in Las Vegas. Now.
I remember the West Point graduate who was shot to death by Metro after leaving the Costco. The man was legally carrying. The security tapes conveniently disappeared, and the cops who killed an innocent man were promoted.
I did not know that testing was mandatory in Vegas. The nice lady just said “And we are going to need to draw some blood.” I just remember reading that you should always refuse this. So I just said “No”. These 2 really big guys immediately extracted me from my chair, on to the floor, they sat on me, and it was needle in my arm in about 10 seconds. You could tell they had this down to a science.
I just needed taco shells. Jeesh.
I left Vegas because of this. And I dearly miss the cute Gypsy girls I met there.
Would you expect a “sin city” to care a lot about classic morality?
“Also, I was pulled over and questioned by the police with no probable cause.”
Common. I remember once I was driving home from work and was pulled over in one of the trolling attempts. The officer had an obvious racial chip on his shoulder during the ordeal, and he was frustrating his partner. After asking me a lot of questions (”Where are you going to/coming from, etc.”), he then tried to play detective Columbo with me. The trouble is, he was obviously less intelligent than I am. So he starts in on this, “Oh, we have to hold you, according to the computer, you may have been involved in a robbery?” To which I replied “Show it to me, I’ve never been arrested for anything in my life.” Then he said, “No, well, no, um I mean the computer said that you had been robbed, or something like that.” So I put on my most shocked and amazed face and started to get hysterical, “I’VE BEEN ROBBED!? What’s going on, while I was at work?” Then he started to get nervous and said, “Well, no...” and I started saying, “I’ve never been robbed so it must have been while I was at work! I’m not safe to go home, please, you have to come and take me to make sure I’m safe!” (Or something to that effect.) His partner was so upset, he kept saying “Just let him go.” So then he said, timidly, “Well, no, I think it said someone reported that you were going to be robbed, but didn’t, or something. It’s no big deal.” I got even more hysterical, lol, until his partner took him back to the car. Then they started arguing at their car. Finally the idiot cop came back and said I could go. I made sure to get one last “I can’t believe it, I’m going to be robbed! You’ve gotta help me!” before I left. I’m sure that left him more ticked than before he began his angry stop.
I respect officers who uphold the law (virtually non existent, but still, there are some), but not morons who abuse it because they have short man syndrome. Unfortunately that’s exactly who police departments look for these days. And if a person doesn’t have the chip on their shoulder, they make sure they get one ASAP.
Nope. I think they are tyrannical nuts.