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To: Abundy

All that I have disagreed with, and what I have asserted, is that obtaining a search warrant to get a blood sample is not a violation of the 5th amendment. There were several posts early on in this thread that suggested that any taking of bodily fluids would violate the 5th amendment protection against forcing someone to testify against oneself.


229 posted on 12/30/2007 6:49:50 PM PST by NCLaw441
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To: NCLaw441

r u sure you aren’t confusing “testifying” with “evidence”?

the request to take a breathalyzer is a request of a waiver of both 4th and 5th amendment rights.

same with drawing blood, one can challenge the seizure as a violation of both - especially if the warrant is based, even in part, on the refusal to waive 4th and 5th rights and take a breathalyzer

“testimony” doesn’t have to be oral, it can be non-verbal, such as FSTs

anyway, if you disagree with the DA, that is a good thing


230 posted on 12/31/2007 8:45:58 AM PST by Abundy
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