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Unreasonable search

In TN, a new law says you can’t refuse a BAC test at a traffic stop. And they’ll force a blood draw if you keep it up.

18 Responses to “Unreasonable search”

  1. MAJ Mike Says:

    Yup. Same here in San Antonio. However, don’t drink and drive.

  2. wizardpc Says:

    I’m so glad I spent all that time getting Republicans elected to the TN GA.

  3. Kit Says:

    How is it unreasonable if the officers must apply for search warrants to “force” the blood draw?

  4. Tirno Says:

    It’s unreasonable if the search warrants are issued just because the officers ask for them.

    If there is no objective, articulable reason supporting the assertion of probably cause that this particular individual has likely committed a specific offense in order to justify the warrant, I see no practical difference between getting a warrant and not getting a warrant. It’s already well established in law that a refusal to consent to a search is not evidence of wrongdoing.

    If the state is going to set up a system that is effectively “Consent, or we’ll do it anyway after pencil whipping some paperwork”, I’m going to jury nullify them every time.

  5. Old Windways Says:

    Here in MA you can still refuse, but refusal results in an automatic penalty that is at minimum worse than the minimum penalty for failing the BAC test (assuming this is your first offense).

    Its kind of like refusing to buy health insurance; sure you can do that, but not without being penalized for it.

  6. Chris Says:

    FL, you can refuse but you are in violation of the civil laws and subject to having your license suspended.

  7. TennGoodBoy Says:

    Seems to me like individual cops have too much power over individual private citizens, and reports of abuse are frequent – with no consequences to the officer.

    Maybe that is self-evident and a simplistic observation, but why do we put up with it?

    The typical big city, state or federal cop is so insulated by layer upon layer of chain of command and administration that they seem to feel no responsibility to the general public.

    County Sheriffs and Deputies, not so much. The Sheriffs have to answer to the voters every few years.

    A voter can get nowhere near a city cop. You got the mayor, council, city manager, safety director, police chief, assistant chief for whatever, captains, etc, etc, etc.

  8. Kristopher Says:

    Which means that all the evidence gathered is now tainted and cannot be used in court.

    What kind of mental retards are legislating in TN?

  9. Kristopher Says:

    OK, they have to get a warrant first from a judge.

    This is a non-story.

  10. Nathan Says:

    Warrants required, no 4th Amendment issues here. Officer’s observations of the arestee’s driving and demeanor, field sobriety tests, and/or PBTs all provide the PC to get a warrant for the blood draw.

    The only hairy part is, do you want to be the cop that has to wake the judge up in the middle of the night?

    In Michigan, when you sign the license, you are acknowledging that the police have the authority have you submit to a Breathalyzer test. If you refuse, 6 points will be added to your record and your license will be suspended. If you refuse, a warrant may be sought for a blood draw. If you wish, at your own cost you may have a blood draw instead of the Breathalyzer. This blood draw can be administered by a person of your choosing. These are your chemical test rights.

  11. MAJ Mike Says:

    It all sucks, but don’t drink and drive.

  12. Mike V. Says:

    Tirno – Geetting a search warrant is much harder than tv would have you believe.

    Nathan – Any magistrate can issue a search warrant and many counties have magistrates 24/7.

    The officer will have to spell out what about the suspects driving and soberiety tasks that lead them to believe there’s probable cause. By the time all thats done, the suspect’s BAC level may be back below .08

  13. Robert Says:

    Why do we let them do this kind of stuff?

  14. John Smith. Says:

    What I did not notice is that they refused to tell how many people who had blood drawn went to jail…

    I tell you what. It would have to be one hell of big cop to keep my 285lbs of muscle from rearranging their facial features if I test negative..

  15. Kristopher Says:

    John Smith: If they get a warrant from a judge, they are getting whatever is on that warrant.

    How many cops would be needed to hold you down? Give them a number.

    They will find twice as many.

    One or more cops on each limb. Then cut your pants off with a pair of EMS shears, and stick a huge needle in your ass.

    Once the police have a warrant, it’s lawyer time, not Alamo time.

  16. Kristopher Says:

    And if you do test negative, and attack one of the cops out of anger?

    They only have one response to being attacked, John. And if you win against one of them, you now get to fight ALL of them, and not one at a time.

    I suggest using a lawyer instead of your fist.

  17. Justthisguy Says:

    I used to hang out with a guy whose cousin was a Sheriff’s deputy somewhere in Georgia. He said the Sheriff had a stack of search warrants in his desk which were blank except for the judge’s signature.

  18. Eseell Says:

    In Arizona the law is that you give implied consent to test if you are operating a motor vehicle.