Watching The Cops
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Title: Cops Put Bag On Woman’s Head, Strap Her To Chair And Choke Her To Draw Blood For DUI Test
Source:
Prison Planet
URL Source: http://www.prisonplanet.com/lawsuit ... o-draw-blood-for-dui-test.html
Published: Feb 09, 2015
Author: Prisonplanet.com
Post Date: 2015-02-10 00:46:24 by GeorgiaConservative
Keywords: police, cops
Views: 26453
Comments: 69
A woman is suing a host of parties after it emerged that cops in Austin, Texas, forcably took her blood for a DUI test, in a scene that sounds more like something that would occur at a Guantanamo Bay prison camp. Caroline Callaway was arrested by a police officer after she refused to take a breath test during a routine traffic stop. Ms Callaway was taken directly to the Travis County jail where the shocking events unfolded. Callaway’s attorney told reporters with Courthouse News that despite only “passive and verbal resistance” she was taken “to a small padded room, where she was surrounded by officers and strapped into ‘the chair,’ with her legs, wrists and shoulders restrained.” Callaway, who had informed the police that she suffers from anxiety disorder and uses medications for the ailment, then “began to involuntarily tremble from anxiety and fear.” This prompted the cops to put a bag, known as a “Tranzport Hood,” over her head to deprive the senses, in some backwards notion that this would have a calming effect. All the hood did was cause Callaway to panic further as she could not see what was happening and had further difficulty breathing. A contracted nurse was on hand to perform the blood draw, but according to the complaint, “the needle popped out because of Ms. Callaway’s shaking and blood spewed onto one of the officers.” “(D)efendants continued the abuse determined to take Ms. Callaway’s blood. In order to stop Ms. Callaway from trembling, one of the officers used choke hold pressure points on her neck, until her body went limp.” the complaint further notes. 
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Begin Trace Mode for Comment # 36.
#7. To: GeorgiaConservative (#0)
How do we know she wasn't spitting on the officers in her drunken rage... as the reason for the hood?
If the lady is easily proven to be drunk and unable to safely drive a vehicle by such old fashioned tools as observation, there is no reason to force her to "donate" blood to prove it. DUI laws and processes to prove guilt exist to make police able to get more taxes, not make the roads safer. If society wants fewer drunks on the roads harming others, put more police on the job and train them to watch for signs of drunks driving with their eyes and nose. As far as I am concerned, taking of blood or forced breathalyzers are violations of the 5th amendment. It doesn't matter if a person has an accident because they were fat or drunk, they had an accident. Now if they can be proven to have caused the accident, the reason they did so is not relevant and should not be related to punishment. If say they were sitting at a light and someone rear ends them, are they at fault because the cops give her a test that she fails?
There are a few things, medically, that can look like intoxication. A blood BAC or a breath test is imperative. Besides, most states write into their law that an operator can't refuse, upon PC for a DWI arrest. Driving is not a right... it's a privledge.
Indeed they are. The 5th exists, but GrandIsland, gatlin, and misterwhite claim that States have the power to ignore it. No, it is imperative that the States honor the 5th. Constitutional rights trump police investigations. Another constitutionally debatable 'law' and concept. Our right to travel is beyond dispute. (Or should be) -- Thus, our mode of travel (our right to drive) should only be subject to reasonable regulations, which do NOT include blood tests. Can you agree?
You see, this was a condition of the continuing debate. That you aren't the final say in grey areas. You know as well as I do the the USC has ruled forced blood draws NOT a constitutional violation. I can't debate you if you intentionally spin facts.
The 5th exists, but GrandIsland, gatlin, and misterwhite claim that States have the power to ignore it. No, it is imperative that the States honor the 5th. Constitutional rights trump police investigations. I'm not 'the final say', the Constitution is.. Try to refute the words of the constitution, not mine. And if you look at their 'rulings', the opinions are NOT unanimous. There is dissent, and they can be overturned. I'm giving you constitutional facts, not spin. -- But if you claim there's spin, specify it, if you can. - I claim you can't. Another constitutionally debatable 'law' and concept. Our right to travel is beyond dispute. (Or should be) -- Thus, our mode of travel (our right to drive) should only be subject to reasonable regulations, which do NOT include blood tests. Can you agree?
Actually it is a right. The right travel. If you can't drive you can't survive or can barely survive. You should be to lose that right if you do something like drive drunk. But the default position should be/acutally is that driving is a right. There were several court cases confirming this before the entire system became corrupt. So corrupt it is facing collapse.
I'm familiar with this concept. I don't necessarily disagree, but the SCOTUS does. We can't make our own rules based on individual opinions. It's a slippery slope
Driving is not a right... it's a privledge. -- GrandIsland Another constitutionally debatable 'law' and concept. Our right to travel is beyond dispute. (Or should be) -- Thus, our mode of travel (our right to drive) should only be subject to reasonable regulations, which do NOT include blood tests. Can you agree? We agree. - It puzzles me why anyone would disagree... Nope, they've never really opined on that percise point, if memory serves. -- SOTUS uses the reasonable regulation dodge to avoid such a 'ruling'. We made our own rules in the Constitution, based on individual rights. You slippery States Rights advocates opine that majority rule is the way to go. It's not.
#37. To: tpaine, GrandIsland (#36)
Even the legislature has no power to deny to a Citizen the "RIGHT" to travel upon the roadways and transport his property in the ordinary course of his business or pleasure, through this "RIGHT" might be regulated in accordance with the public interest and convenience. See: Chicago Motor Coach v. Chicago, 169 N.E. 22
It's been ruled by a few different STATE appellate or Supreme Courts. The USSC would never rule that driving on public roadways is a constitutional right... not even if all the justices were Scalia.
Top • Page Up • Full Thread • Page Down • Bottom/LatestCallaway, who had informed the police that she suffers from anxiety disorder and uses medications for the ailment, then “began to involuntarily tremble from anxiety and fear.” This prompted the cops to put a bag, known as a “Tranzport Hood,” over her head to deprive the senses, in some backwards notion that this would have a calming effect.
#17. To: GrandIsland (#7)
#20. To: jeremiad (#17)
If the lady is easily proven to be drunk and unable to safely drive a vehicle by such old fashioned tools as observation, there is no reason to force her to "donate" blood to prove it.
#22. To: GrandIsland, jeremiad, Y'ALL (#20)
Jeremiad --- If the lady is easily proven to be drunk and unable to safely drive a vehicle by such old fashioned tools as observation, there is no reason to force her to "donate" blood to prove it. ---- As far as I am concerned, taking of blood or forced breathalyzers are violations of the 5th amendment.
GrandIsland --- There are a few things, medically, that can look like intoxication. A blood BAC or a breath test is imperative.
Besides, most states write into their law that an operator can't refuse, upon PC for a DWI arrest. Driving is not a right... it's a privledge.
#25. To: tpaine (#22)
(Edited)
No, it is imperative that the States honor the 5th. Constitutional rights
#30. To: GrandIsland (#25)
GrandIsland --- There are a few things, medically, that can look like intoxication. A blood BAC or a breath test is imperative.
You see, this was a condition of the continuing debate. That you aren't the final say in grey areas.
You know as well as I do the the USC has ruled forced blood draws NOT a constitutional violation.
I can't debate you if you intentionally spin facts.
Besides, most states write into their law that an operator can't refuse, upon PC for a DWI arrest. Driving is not a right... it's a privledge.
#31. To: tpaine, GrandIsland (#30)
Driving is not a right... it's a privledge.
#35. To: A K A Stone (#31)
Actually it is a right. The right travel. If you can't drive you can't survive or can barely survive.
#36. To: GrandIsland (#35)
(Edited)
A K A Stone ---- Actually it is a right. The right travel. If you can't drive you can't survive or can barely survive.
GI --- I'm familiar with this concept. I don't necessarily disagree, but the SCOTUS does.
We can't make our own rules based on individual opinions. It's a slippery slope.
Replies to Comment # 36.
#42. To: tpaine (#36)
Nope, they've never really opined on that percise point, if memory serves. -- SOTUS uses the reasonable regulation dodge to avoid such a 'ruling'.
End Trace Mode for Comment # 36.
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