‘California weed’ apparently.
They will allow the ‘search’ without consent.
After their earlier upholding of HealthControl, the United States is a totalitarian state as defined in conventional political science. The rest will follow.
http://www.thefreedictionary.com/totalitarian+state
Make em get a warrent. If the police feel they don’t need one for a DUI case, they may expand it to other areas where a warrent is now required.
Truly it’s immaterial in almost every place I am aware of, because they have laws on the books if you don’t give a sample, automatic penalties and suspensions kick in, so it’s not like they are going to be able to somehow skirt negative consequences if they don’t give a sample.
Isn’t the failure of 4 field sobriety tests enough?
The penalty for not taking the test is usually worse than failing the test....at least for the first offense.
Here in Washington State a refusal to perform routine roadside tests or submit to a blood test automatically causes your drivers license to be suspended for six months.
In fact you can’t force one. There are legal solutions to make people agree to a test. For example, in Russia refusal to take a sober test is an offence itself, punished by suspension of driver’s license for a year or so.
Every state has “implied consent” laws - when you get a drivers’ license, if you’re arrested for drunk/drugged driving, you give consent to have a breath/blood/urine test administered to determine if you were intoxicated. You have no legal right to condition taking the test on your lawyer showing up. Driving is a privilege and not a constitutional right.
Here in Florida, you can refuse the blood test, but you have to give up your license at that point........
Here in Indiana the police routinely get a warrant for a forced blood draw if someone refuses the breath test. It only takes about 40 minutes.
In Idaho there is “implied consent” when you receive your driver’s license that you will submit to a blood test. I personally think it’s a crock.
..with a judges search warrant.
As a nurse, I would never draw blood from a person that does not want to give a sample; cops asking or court ordered. Under the laws of most states (and rulings of medical/nursing boards), performing a medical procedure of any type on a person against their will is considered assault - and a warrant does not absolve one of that legal liability and risk to licensure.
Keep a vial of blood handy in case you’re pulled over. Problem solved!
Of course they do, they work daily at rendering the entire Bill of Rights moot. They've been so successful at destroying the 4th Amendment that its existence is barely even mentioned any longer.
Well, after the fourth policeman shot me with his taser, I gave them a urine sample. My pants filtered it, somewhat.
They do in Las Vegas. If you refuse they will tackle you to the floor, pin you down and stick a needle in your arm.
Thats what they did to me.
I was just going to Walmart to get some taco shells.
Welcome to the police state.