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One doesn't even have to hazard a public airport anymore to have their 4th Amendment Constitutional rights stolen. Now you can do it on the road.
Many states have instituted checkpoints on our roads, often ostensibly to check for possible DUIs, but which require one to stop, provide ID, etc. American courts have sanctioned these procedures, and American courts have thus abridged the US Constitution, as such procedures a direct violation of your 4th Amendment rights.
"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." [1]
The key to the law in this, the very one our government is ignoring, is that one has a Constitutional right to remain unmolested unless they have done something to warrant closer investigation. In other words, innocent unless proven guilty, or some good reason to think so.
Now, they have broadened a policy which was already wrong, stopping anyone without due suspicion, and demanding that one either submit to a breathalyzer test, or have a blood sample taken on the spot. [2] Thus, they are contending the right to stop you anytime they like, with no reason, and force you to provide a physical specimen of yourself.
Others have questioned the Constitutional merits of such a scheme, feeling many judges may prove unwilling to hand out blanket warrants without cause:
“That sounds absolutely illegal,” said criminal lawyer and CNN legal pundit Michelle Suskauer. “The law keeps blood drawing only for special circumstances. Other states do (blood tests at DUI checkpoints). Some get away with it. Others don’t. This will be challenged in court.”
Added barrister David Olson, who specializes both in civil rights and DUIs: “You can’t go around sticking needles in people. Unless you’re in an accident that caused serious bodily harm. I doubt that a judge will sign their warrant.” [3]
You should know that this is illegal, un-Constitutional, and they are doing it to you and your fellow American citizens.
One doesn't even have to hazard a public airport anymore to have their 4th Amendment Constitutional rights stolen. Now you can do it on the road.
Many states have instituted checkpoints on our roads, often ostensibly to check for possible DUIs, but which require one to stop, provide ID, etc. American courts have sanctioned these procedures, and American courts have thus abridged the US Constitution, as such procedures a direct violation of your 4th Amendment rights.
"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." [1]
The key to the law in this, the very one our government is ignoring, is that one has a Constitutional right to remain unmolested unless they have done something to warrant closer investigation. In other words, innocent unless proven guilty, or some good reason to think so.
Now, they have broadened a policy which was already wrong, stopping anyone without due suspicion, and demanding that one either submit to a breathalyzer test, or have a blood sample taken on the spot. [2] Thus, they are contending the right to stop you anytime they like, with no reason, and force you to provide a physical specimen of yourself.
Others have questioned the Constitutional merits of such a scheme, feeling many judges may prove unwilling to hand out blanket warrants without cause:
“That sounds absolutely illegal,” said criminal lawyer and CNN legal pundit Michelle Suskauer. “The law keeps blood drawing only for special circumstances. Other states do (blood tests at DUI checkpoints). Some get away with it. Others don’t. This will be challenged in court.”
Added barrister David Olson, who specializes both in civil rights and DUIs: “You can’t go around sticking needles in people. Unless you’re in an accident that caused serious bodily harm. I doubt that a judge will sign their warrant.” [3]
You should know that this is illegal, un-Constitutional, and they are doing it to you and your fellow American citizens.
I hope that someone will correct me if I am wrong. But it is my understanding that in Missouri, if you refuse a breathalizer test, they can FORCE you to submit to a blood test. (I don't know if you have to be in an accident, or if they can do it just on a traffic stop.)
I hope that someone will correct me if I am wrong. But it is my understanding that in Missouri, if you refuse a breathalizer test, they can FORCE you to submit to a blood test. (I don't know if you have to be in an accident, or if they can do it just on a traffic stop.)
Please, someone tell me I am wrong.
20yrsinBranson
There are certain qualifiers where the driver is "deemed" to have given consent. I believe the following link is the Missouri Statute to which you refer:
Oh yes, that sounds awesome. Let us let people drink way the hell too much and kill people.
Maybe you should tell the surviving member of this family: Wrong-way drunk driver kills family - U.S. news - Life - msnbc.com
Why it is important to let people's stupid decisions kill 4 out of the 5 of this family instead of submitting people to breathalyzer tests.
The only people who would ever willingly defend that crap are people who have been caught doing it.
I would hate to wish this sort of thing to happen to other people, but for some without empathy for others it is the sort of thing that would be an important lesson.
There are certain qualifiers where the driver is "deemed" to have given consent. I believe the following link is the Missouri Statute to which you refer:
The 4th Amendment has been dead in Missouri for a very long time.
Thanks for the link.
20yrsinBranson
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