Division 17 of CA Vehicle code, Section 40500
People V. McGaughran
People V. Hubbard
U.S. V. $404,905
All point out the nature of a traffic stop being an arrest (to name a few).
I haven’t said that you could or would be swabbed at this time for a stop, but that given the proclivities of the day and the history of laws such as seat belt laws, it’s inevitable that it will occur. If the Supremes have ruled you can be swabbed during some type of arrest, and a traffic stop IS [fact] and arrest, and “it’s just a quick painless swab”, douchebags are gonna run with this and expand it.
In an age where the bureaucrat and media meme is that “your children belong to the community”, “guns are evil” and you’re going to be required to purchase health care or be fined or taxed (definition depending on what suits or flys with politico’s at the moment) among other things, to believe otherwise is to either be in denial or blind to history and reason...
Read the first case McGarughran and it had to do with two guys possibly involved in a drug case at a school. Yes the officer stopped them for suspicious activity as they were crossing school grounds (a known drug sales location), in a vehicle (the detention) and did a warrant check and arrested them for the warrants (the arrest). The stop itself is not an arrest...it is a detention.
40500 is administrative...it tells the officer what do do after an arrest is made for violations of the vehicle code..i.e.; release on a citation. The stop itself is not an arrest, as many people are stopped and many sent on their way with a warning...again read Terry v. Ohio it is very settled law...
Which Hubbard case....the ones I could find were not in CA and would have no standing.
Re: “your children belong to the community” and “guns are evil” I don’t believe in any of these things, but try as I might, I don’t know what this has to do with DUI checkpoints?