Missouri prosecutors: Warrant not needed for blood test in drunken driving cases.

The Kansas City Star ^ | 11-12-2010 | CHRIS BLANK

[MissouriConservative]

JEFFERSON CITY | Missouri prosecutors say they believe a new state drunken driving law gives police the authority to take blood samples from reluctant suspects without a warrant.

The guidance came during a presentation organized by the Missouri Office of Prosecution Services for law officers and prosecutors. Officials across the state received training Friday on handling drunken driving cases.

Cole County Prosecutor Mark Richardson, who led the discussion during a session in Jefferson City, said the new drunken driving law seems to permit the taking of blood without a warrant under certain circumstances. However, Richardson said he still advises law officers in his county to seek a warrant until prosecutors find a favorable case to present the issue for the courts to decide.

"There is a good number of people that believe that as of today ... upon the arrest of someone for driving while intoxicated or for drugs, you have the authority under the 4th Amendment of the U.S. Constitution to take that person and have a blood sample drawn — even if they refuse," said Richardson, who noted that some disagree with that interpretation.

Read more: http://www.kansascity.com/2010/11/12/2426786/missouri-prosecutors-warrant-not.html#ixzz157s0SIJZ

[andyk]

They already do it here in Idaho - it’s supposedly authorized by the individual when they sign for the license.

[doc1019]

This will be challenged forthwith by the ACLU and many other civil rights groups.

[Dusty Road]

To what extremes will they go if I don’t cooperate?

[Krankor]

implied consent

[andyk]

To what extremes will they go if I don’t cooperate?

They will hold you down and draw the sample.

[sergeantdave]

It’s coming to the point where we’ll need to spill leftist blood before they start obeying the constitution.

ps - We know where you live.

[BenKenobi]

Toss you in jail.

I’m having to deal with a roommate who did this with my car. Got the car out of the impound, but I’m furious at him. He’s claiming he wasn’t drunk, but frankly I don’t care. He was in my car, he should have taken the test.

His desire to protect himself meant he sold my ass out, and I don’t appreciate that very much.

[Dusty Road]

That would be dangerous for all involved and not as easy as it sounds.

[GnuHere]

Then by implication, would they claim that does not constitute assault? Because it seems like it would be.

[Lance Romance]

How long before “implied consent” means they can search your house without a warrant?

Or pull some blood and hair samples to do a tox screen at random?

Getting a driver’s license doesn’t mean signing away your constitutional rights.

[UnbelievingScumOnTheOtherSide]

That was done for you before you were born.

[AlmaKing]

No.

[USFRIENDINVICTORIA]

Breathalyzer tests can be off by +/- 20% or more. Even assuming the best equipment, and proper administration; a breathalyzer is not a perfectly reliable measure of BAC. That's because breathalyzers don't measure blood alcohol content -- they measure the concentration of alcohol vapour in the lungs, and apply a mathematical formula to that measurement, to come up with an estimated BAC.

If you've already submitted to a breathalyzer (and, assuming you haven't abused other drugs); and failed that test by a small margin -- it might actually be in your interests to demand a blood test. The blood test might exonerate you. (Don't do this if you know you've been drinking a lot -- the blood test may also give you a higher reading.)

[smokingfrog]

The DA here in Houston has said she will do the same thing. The program to train police officers to draw the blood samples (using federal funds) was canceled by the mayor, but they say they are still prepared to use trained medical personnel to take samples during "No Refusal Weekends."

Maybe in a situation where there is an accident where death or serious injury is involved, I could see taking a blood sample without your permission, but otherwise I'm not so sure.

Supremes Pass On Fourth Amendment DUI Case

[zeugma]

implied consent

A thoroughly evil concept.

[zeugma]

Getting a driver’s license doesn’t mean signing away your constitutional rights.

Apparently it does, because they have guns and no hesitation whatsoever about using them.

[Bruinator]

I don’t let friends use my car. Call me an ahole but I will drive them on my schedule if they need help.

[andyk]

Getting a driver’s license doesn’t mean signing away your constitutional rights.

It does in Idaho, according to the Idaho Supreme Court, re: State vs. Diaz (2007).

[kosciusko51]

The only people I’ve recently let borrow my vehicle is my pastor and my parents. If my vehicle gets impounded, I think I have bigger problems than getting it back...