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Wow. That's not even a little bit constitutional.
Well it is also not exactly how it works.
"The “No Refusal” legislation allows law enforcement officials to seek search warrants for blood samples in cases involving suspected impaired drivers." (https://news.tn.gov/node/11255)
They also have published a list for the dates and locations of the checkpoint and whether they will be focused on sobriety, valid licenses or seatbelts at those checkpoints (https://news.tn.gov/sites/default/files/082713 - Labor Day, No Refusal checkpoints.pdf)
Well it is also not exactly how it works.
"The “No Refusal” legislation allows law enforcement officials to seek search warrants for blood samples in cases involving suspected impaired drivers." (https://news.tn.gov/node/11255)
They also have published a list for the dates and locations of the checkpoint and whether they will be focused on sobriety, valid licenses or seatbelts at those checkpoints (https://news.tn.gov/sites/default/files/082713 - Labor Day, No Refusal checkpoints.pdf)
Tennessee to roll out “No Refusal” blood-draw DUI checkpoints for Labor Day
Tennessee to roll out "No Refusal" blood-draw DUI checkpoints for Labor Day | Police State USA
How long does it take to get a warrant? I can't imagine motorists lined up waiting for a judge to issue one.
Got to love that Freedom around here. Make sure they keep the DNA profile, and I bet that they do, even if you pass.From the article:
"...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.
Warrants still need probable cause. And mere presence at a location certainly doesn't produce probable cause. But even if the checkpoint can be legal, forcibly taking someone's blood goes way beyond what they're empowered to do.
And they call in and get the warrant when they have probable cause and the person refuses and are set up to do just that ergo they will have probable cause and a warrant issued lawfully, any other innuendo you want to come up with? That you don't like it, does not make it unconstitutional--it is just streamlined constitutional compliance.
"Your papers please?". I'm sure they will ask nicely while they stick a needle in your arm.Refusing to consent to a search is hardly enough for probable cause. Being at a spot they've decided to check people isn't enough for probable cause.
Well it is also not exactly how it works.
"The “No Refusal” legislation allows law enforcement officials to seek search warrants for blood samples in cases involving suspected impaired drivers." (https://news.tn.gov/node/11255)
They also have published a list for the dates and locations of the checkpoint and whether they will be focused on sobriety, valid licenses or seatbelts at those checkpoints (https://news.tn.gov/sites/default/files/082713 - Labor Day, No Refusal checkpoints.pdf)
That doesn't make it right. They still violate the 4th amendment by forcing people to submit to questioning when there is no evidence of a law having been broken.
They do not have to force you to say anything. If they have probable cause you are driving while intoxicated, they call for the warrant, the warrant is issued, and you are blood tested with or without your resistance. The 4th Amendment is satisfied--they have the warrant. If you are drunk, good luck convincing a Court that the warrant violated your rights. If you are not drunk, sue them and still lose.
Follow my lead, drink at home.This sort of horse **** really pisses me off. I don't mean "makes me a little angry"... I mean it lights a long, hot burning fuse down deep inside that is going to burn for a long, long time.
But why do they have probable cause? Because they observed you or because they stopped you without cause? In this cause it is because they stopped you without cause. That's a violation of the 4th amendment.
But why do they have probable cause? Because they observed you or because they stopped you without cause? In this cause it is because they stopped you without cause. That's a violation of the 4th amendment.
You are on a public highway. The Supreme Court has already upheld sobriety checkpoints as being constitutional 6-3. People are just pissed that the state of Tennessee has found a way to blow a hole in the "How to beat your DUI" books by greatly reducing the time between apprehension and blood-testing, precluding all that alcohol absorption nonsense. The State of Tennessee further publishes a list of exactly where these things will be set up, so if you are going to be driving after a few Tom Collins on a holiday in that state, perhaps you should ask Tom Tom for a better route to your destination.
Amendment 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.
There were still 3 dissenters. As long as a SCOTUS decisions is not unanimous it is impeachable. Let's put up a reminder of what the fourth says:
No where in that amendment is a distinction between being secure in your presons at home or in public.
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