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Man Stopped By Cops For Supposedly Voluntary NHTSA 'Survey' Sues City And Police Dept.
http://www.techdirt.com ^ | january 3, 2014 | tim cushing

Posted on 01/06/2014 3:00:20 PM PST by lowbridge

Police presence is often all it takes to make voluntary experiences seem mandatory. Ricardo Nieves, one of those flagged down by Reading police officers, felt the experience was anything but voluntary, and that attempting to leave would have been greeted by a possible arrest. 

The Reading city council and the mayor himself also expressed concern about the use of police officers to acquire "voluntary" blood and saliva samples. For his part, Chief Heim appears to be ready to just ride out this outrage without offering any concession towards the offended public. 

But if that's what Heim had planned, Nieves just threw a legal wrench into the works. Nieves has sued the city of Reading, Chief Heim, Mayor Vaughn Spencer, two unnamed employees of the private contractor (Pacific Institute for Research & Evaluation [PIRE]) performing the fluid collections, as well as PIRE itself 

Nieves claims his Fourth Amendment rights were violated by the supposedly voluntary collection, which felt much more mandatory thanks to the police presence. Here's his description of the incident.

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


TOPICS: Crime/Corruption; News/Current Events; US: Pennsylvania
KEYWORDS: checkpoint; dna; dnacheckpoint; donutwatch
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Full title: Man Stopped By Cops For Supposedly Voluntary NHTSA 'Survey' Sues City And Police Dept. For Violating His 4th Amendment Rights
1 posted on 01/06/2014 3:00:20 PM PST by lowbridge
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To: lowbridge
Okay, this hysteria has gone way too far.

Thank you, Mothers Against Drunk Driving aka "MADD", which has very few actual or potential mothers in its ranks.

It is way past time to dial all this back.

2 posted on 01/06/2014 3:09:19 PM PST by elkfersupper
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To: lowbridge

Can a driver be cited for refusing to obey the directive of a police officer?


3 posted on 01/06/2014 3:10:05 PM PST by rawhide
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To: lowbridge
Hope Nieves worded his suit such that the fascist bastards are at least somewhat personally liable for damages.
4 posted on 01/06/2014 3:10:10 PM PST by tomkat
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To: JRandomFreeper

PA guy sues over illegal roadblock sample-taking.


5 posted on 01/06/2014 3:12:04 PM PST by txhurl
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To: elkfersupper

“Thank you, Mothers Against Drunk Driving aka “MADD”, which has very few actual or potential mothers in its ranks.”

Do they have any drunks?


6 posted on 01/06/2014 3:13:05 PM PST by lowbridge
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To: ps
(tho my notion of an ideal fate is considerably beyond mere monetary penalty)
7 posted on 01/06/2014 3:13:12 PM PST by tomkat
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To: lowbridge

The reason this private company uses police is to intimidate the public into volunteering. It’s clear that the police are intentionally violating people’s constitutional rights and should be liable.


8 posted on 01/06/2014 3:14:13 PM PST by freedomfiter2 (Brutal acts of commission and yawning acts of omission both strengthen the hand of the devil.)
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To: lowbridge

Unconstitutional if refusal has negative consequences. If not, ???


9 posted on 01/06/2014 3:14:24 PM PST by JimSEA
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To: lowbridge

At this point it is likely composed of prosecutors, defense attorneys, and democrat hacks looking for a stepping stone into local public office. I know the original founder wants nothing to do with them.


10 posted on 01/06/2014 3:17:57 PM PST by RightOnTheBorder
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To: lowbridge

“Am I free to go?”

If they don’t answer, ask again

“Yes” answer, leave

“No” answer, sue their balls off for false arrest.


11 posted on 01/06/2014 3:19:13 PM PST by Born to Conserve
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To: rawhide
When it happened in Ft. Worth, the cops were 'off-duty' in uniform and driving marked cars. At least the police chief apologized after AG Abbott questioned him on how inappropriate it was.

/johnny

12 posted on 01/06/2014 3:19:51 PM PST by JRandomFreeper (Gone Galt)
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To: lowbridge
Do they have any drunks?

Yup and define "drunk" while you're at it.

13 posted on 01/06/2014 3:29:31 PM PST by elkfersupper
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To: lowbridge

So why use cops to induce people to participate? The local cheer-leading squad in my town does car washes in the summers to raise money. Bunch of hotties in bikinis offering to wash your car....that line goes around the block!


14 posted on 01/06/2014 3:33:32 PM PST by Panzerfaust
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To: Born to Conserve

Exactly:

“Am I free to go”
if yes, leave
if ‘no’ call your lawyer and don’t say a word.


15 posted on 01/06/2014 3:49:30 PM PST by RedStateRocker (Nuke Mecca, abolish the IRS, DEA and ATF.)
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To: elkfersupper

Drunk: a person thats not sober :-)


16 posted on 01/06/2014 3:57:09 PM PST by lowbridge
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To: lowbridge

Pardon my tin foil, but I don’t think they were
looking for prescription drugs or alcohol or whatever.

I believe the the real reason for these events is to
record innocent person’s responses to being pulled
over for no reason and asked to comply with a
completely abusive and invasive request.

Further, to see if the innocents CAN be bribed with cash/reward
to allow or to participate something unexpected and unusual,
distasteful and plain wrong.

Do you see where I’m going with this?

That’s been my take since they started this crap.


17 posted on 01/06/2014 3:59:34 PM PST by CaptainPhilFan (Fat-bottomed girls you make the rockin world go round)
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To: lowbridge
Drunk: a person thats not sober :-)

Okay, then define "sober".

Do you know anybody that has not had any caffeine, nicotine, alcohol, antidepressant, antihistamine or any other over-the-counter or prescription medication today?

18 posted on 01/06/2014 4:04:56 PM PST by elkfersupper
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To: elkfersupper

What’s going on? Are you pushing for a repeal of prohibition?


19 posted on 01/06/2014 4:10:06 PM PST by lowbridge
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To: lowbridge

Don’t give them 5hit and embarrass them as much as possible. They can do dna tests on the swabs and enter it into the National Date bank whoever that is. It is better then fingerprints and they can tell if you have a chronic disease which might be used under under our new Death Panels to deny you care. DO NOT COOPERATE in any fashion. This is the Feds behind these things.


20 posted on 01/06/2014 4:14:04 PM PST by Foundahardheadedwoman (God don't have a statute of limitations)
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