Libertarian ping! To be added or removed freepmail me or post a message here.
Posted on 05/25/2008 6:54:39 PM PDT by elkfersupper
Note that I don’t think they necessarily have a right to stick a needle in you, just that your right against self-incrimination doesn’t cover it. The Forth Amendment right against unreasonable searches seems far more relevant.
It all began in 1990 when TX sanctioned the privitization of prisons and holding cells.
Since then, this syndicate has no decency or regard for constitutionality when acquiring ‘customers’. And pays handsomely for ‘police’ to haul ‘em in.
As long as the authorities, after forcible blood extraction find you actually had nothing to drink, will give you double what you could have gotten at the blood bank near the projects, I think its a great deal for everyone involved...
Actually I’ve heard, for reason such as these, that people arrested for DUI have a pretty good chance of beating the rap IF they are willing to shell out the money for a good attorney that will bring up issues such as this. There is a local attorney that claims that over 70% of his DUI clients are cleared...
THANK YOU FOR THAT LINK!
That is a terrific summary of the danger posed by the fanatics in MADD, and how they have already eroded our Constitutional rights.
What implications does this have for “Juan Valdez” who gladly blows a 0.15 , gives a vacant lot as an address and is released the next morning after getting a nice breakfast?
I don’t know. I have a big problem with FORCIBLY removing blood from someone who does not want it done.
Besides, you have the right to not have your breath tested and they can’t make you do it. But somehow that right doesn’t extend to your blood?
What happened to the Bill of Rights? Did those get repealed when I wasn’t looking?
I can see using refusal to submit to breath or blood tests as admissible evidence in a criminal case against a suspected drunk driver, but forcibly taking blood is not acceptable in the America I thought I lived in.
Libertarian ping! To be added or removed freepmail me or post a message here.
Driving on your own property is a right.
Driving on public highways and byways is not.
bflr
Note that I’m not saying it shouldn’t be protected, just that it has a lot more to do with unreasonable search and seizure (4th Amendment) than with self-incrimination (5th Amendment).
Otherwise any use of physical evidence involving your body—even your fingerprints—would arguably involve “self-incrimination” and be prohibited. The 5th Amendment right has far more to do with preventing abuse of your testimony (likely through coersion) that could render it unreliable—a danger that doesn’t apply to physical evidence like this.
From the article: “Prosecutors will assist with reviewing blood search warrants...”
What makes this an ‘unlawful search and seizure’ any more than any other search done under a warrant?
You're very welcome and pass it on.
Your license is suspended (you are punished) long before you ever get to court, there are numerous other punishments whether you are convicted or not, and the thing rides with you for the rest of your life.
It's kind of like feeling up your 13-year-old girlfriend when you are 14 and being branded as a sex offender.
Sorry, the right to peaceably travel is indisputable.
Indeed. The problem is that there are men with guns who have no compunction against using them to ventilate your body who have a never heard of the common law right of Englishmen to travel the public roads without being subject to harassment from highwaymen.
The most dangerous people in this nation IMO have become those who worship the law. You'll find several on this thread, as these kinds of threads always bring out the usual suspects who jump at any chance to support the expansion of the police state.
Welcome to my camp.
Pleased to defend you and watch your back anytime you think it's necessary.
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