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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: 27986
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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#1. To: GeorgiaConservative (#0)
(Edited)
Author: Steve Watson - Prisonplanet.com. She also was in possession of marijuana, ran two red lights. More states are authorizing forcible blood draws for motorists suspected of driving under the influence of alcohol, regardless of the circumstances of the arrest. Forcible blood draws occur when police hold down a DUI suspect who is unruly or struggling and medical personnel withdraw a blood sample. Texas state statutes specifically allow the procedure.
Officers cannot take blood from anyone. In Texas, the blood must be taken by a qualified person pursuant to Texas Transp. Code 724.017. http://law.onecle.com/texas/transportation/724.017.00.html (a) Only a physician, qualified technician, chemist, registered professional nurse, or licensed vocational nurse may take a blood specimen at the request or order of a peace officer under this chapter. The blood specimen must be taken in a sanitary place. (b) The person who takes the blood specimen under this chapter, or the hospital where the blood specimen is taken, is not liable for damages arising from the request or order of the peace officer to take the blood specimen as provided by this chapter if the blood specimen was taken according to recognized medical procedures. This subsection does not relieve a person from liability for negligence in the taking of a blood specimen. (c) In this section, "qualified technician" does not include emergency medical services personnel. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Last modified: August 11, 2007 http://www.courthousenews.com/2015/02/06/woman-sues-police-for-brutal-blood-draw.htm Friday, February 06, 2015Last Update: 11:18 AM PT Woman Sues Police for Brutal Blood Draw By Ryan Kocian AUSTIN, Texas (CN) - Austin police put a bag over a woman's head, strapped her to a chair and used "choke hold pressure points" to draw her blood for a DUI test, the woman claims in court. Caroline Callaway sued Austin, Travis County, Austin police officers, county sheriff's officers, Pro-touch Nurses and one of its employees, alleging unlawful search and seizure, excessive force, assault and battery, negligence and medical malpractice. [...] Callaway's attorney Daphne Pattison Silverman told Courthouse News that defendant Shannon Ramsey-Graham performed the blood draw, while working for Pro-touch Nurses, which contracts with the Austin Police Department. [...] It [nc - the Complaint] continues: "(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. Defendant Ramsey-Graham stabbed Ms. Callaway again while Ms. Callaway was limp. When the officer released her neck, Ms. Callaway gasped for air. She could not see because there was a bag over her head, but she felt the weight of a boot in the crook of her arm, which, along with the rest of her body, was still tied to the chair. Ms. Callaway was suspected of committing a misdemeanor." [snip] I am unaware of any recognized medical procedure which features permitting a cop to apply a choke hold to render the patient unconscious. Running red lights will not provide probable cause for a blood draw warrant. Prior convictions will not provide probable cause for a blood draw warrant. Possession of marijuana will not provide probable cause for a blood draw warrant to search for alcohol. Blood may be drawn with a warrant or where an emergency provides exigent circumstances. There must be reasonable suspicion to support the stop and probable cause to support the search, and it must comport with state law limitations. The assertion that an involuntary blood draw may be authorized by the state regardless of the circumstances of the arrest is without merit and directly contrary to the holding of the United States Supreme Court in Missouri v. McNeely (17 Apr 2013), linked and quoted at the end of this post. In McNeely, writing for the Court, Justice Sotomayor stated, A routine DWI case requires a warrant to be constitutional. Any state law to the contrary would be unconstitutional. Texas statutes allow an involuntary blood draw with a warrant. The circumstances under which an involuntary blood draw may be authorized are limited by Texas Transp. Code 724.012 and 724.013. Section 724.103 provides: Section 724.012(b) provides: Note that each of the specified requirements must be met for a peace officer to require the taking of a specimed of the person's breath or blood. = = = = = = = = = = http://law.onecle.com/texas/transportation/724.012.00.html (a) One or more specimens of a person's breath or blood may be taken if the person is arrested and at the request of a peace officer having reasonable grounds to believe the person: (1) while intoxicated was operating a motor vehicle in a public place, or a watercraft; or (2) was in violation of Section 106.041, Alcoholic Beverage Code. (b) A peace officer shall require the taking of a specimen of the person's breath or blood if: (1) the officer arrests the person for an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle or a watercraft; (2) the person was the operator of a motor vehicle or a watercraft involved in an accident that the officer reasonably believes occurred as a result of the offense; (3) at the time of the arrest the officer reasonably believes that as a direct result of the accident: (A) any individual has died or will die; or (B) an individual other than the person has suffered serious bodily injury; and (4) the person refuses the officer's request to submit to the taking of a specimen voluntarily. (c) The peace officer shall designate the type of specimen to be taken. (d) In this section, "serious bodily injury" has the meaning assigned by Section 1.07, Penal Code. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1013, § 33, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 422, § 1, eff. Sept. 1, 2003. Last modified: August 11, 2007 http://law.onecle.com/texas/transportation/724.013.00.html Except as provided by Section 724.012(b), a specimen may not be taken if a person refuses to submit to the taking of a specimen designated by a peace officer. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Last modified: August 11, 2007 - - - - - http://www.supremecourt.gov/opinions/12pdf/11-1425_cb8e.pdf NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in orderthat corrections may be made before the preliminary print goes to press. SUPREME COURT OF THE UNITED STATES No. 11–1425 MISSOURI, PETITIONER v. TYLER G. MCNEELY ON WRIT OF CERTIORARI TO THE SUPREME COURT OF MISSOURI [April 17, 2013] JUSTICE SOTOMAYOR announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II–A, II–B, and IV, and an opinion with respect to Parts II–C and III, in which JUSTICE SCALIA, JUSTICE GINSBURG, and JUSTICE KAGAN join. In Schmerber v. California, 384 U. S. 757 (1966), this Court upheld a warrantless blood test of an individual arrested for driving under the influence of alcohol because the officer “might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened the destruction of evidence.” Id., at 770 (internal quotation marks omitted). The question presented here is whether the natural metabolization of alcohol in the bloodstream presents a per se exigency that justifies an exception to the Fourth Amendment’s warrant requirement for nonconsensual blood testing in all drunk-driving cases. We conclude that it does not, and we hold, consistent with general Fourth Amendment principles, that exigency in this context must be determined case by case based on the totality of the circumstances. [2] Opinion of the Court I While on highway patrol at approximately 2:08 a.m., a Missouri police officer stopped Tyler McNeely’s truck after observing it exceed the posted speed limit and repeatedly cross the centerline. The officer noticed several signs that McNeely was intoxicated, including McNeely’s bloodshot eyes, his slurred speech, and the smell of alcohol on his breath. McNeely acknowledged to the officer that he had consumed “a couple of beers” at a bar, App. 20, and he appeared unsteady on his feet when he exited the truck. After McNeely performed poorly on a battery of field sobriety tests and declined to use a portable breath-test device to measure his blood alcohol concentration (BAC), the officer placed him under arrest. The officer began to transport McNeely to the stationhouse. But when McNeely indicated that he would again refuse to provide a breath sample, the officer changed course and took McNeely to a nearby hospital for blood testing. The officer did not attempt to secure a warrant. Upon arrival at the hospital, the officer asked McNeely whether he would consent to a blood test. Reading from a standard implied consent form, the officer explained to McNeely that under state law refusal to submit voluntarily to the test would lead to the immediate revocation of his driver’s license for one year and could be used against himin a future prosecution. See Mo. Ann. Stat. §§577.020.1, 577.041 (West 2011). McNeely nonetheless refused. The officer then directed a hospital lab technician to take a blood sample, and the sample was secured at approximately 2:35 a.m. Subsequent laboratory testing measured McNeely’s BAC at 0.154 percent, which was well above the legal limit of 0.08 percent. See §577.012.1. McNeely was charged with driving while intoxicated (DWI), in violation of §577.010. He moved to suppress [3] the results of the blood test, arguing in relevant part that, under the circumstances, taking his blood for chemical testing without first obtaining a search warrant violated his rights under the Fourth Amendment. The trial court agreed. It concluded that the exigency exception to the warrant requirement did not apply because, apart from the fact that “[a]s in all cases involving intoxication, [McNeely’s] blood alcohol was being metabolized by his liver,” there were no circumstances suggesting the officer faced an emergency in which he could not practicably obtain a warrant. No. 10CG–CR01849–01 (Cir. Ct. Cape Giradeau Cty., Mo., Div. II, Mar. 3, 2011), App. to Pet. for Cert. 43a. On appeal, the Missouri Court of Appeals stated an intention to reverse but transferred the case directly to the Missouri Supreme Court. No. ED 96402 (June 21, 2011), id., at 24a. The Missouri Supreme Court affirmed. 358 S. W. 3d 65 (2012) (per curiam). Recognizing that this Court’s decision in Schmerber v. California, 384 U. S. 757, “provide[d] the backdrop” to its analysis, the Missouri Supreme Court held that “Schmerber directs lower courts to engage in a totality of the circumstances analysis when determining whether exigency permits a nonconsensual, warrantless blood draw.” 358 S. W. 3d, at 69, 74. The court further concluded that Schmerber “requires more than the mere dissipation of blood-alcohol evidence to support a warrantless blood draw in an alcohol-related case.” 358 S. W. 3d, at 70. According to the court, exigency depends heavily on the existence of additional “‘special facts,’” such as whether an officer was delayed by the need to investigate an accident and transport an injured suspect to the hospital, as had been the case in Schmerber. 358 S. W. 3d, at 70, [4] 74. Finding that this was “unquestionably a routine DWI case” in which no factors other than the natural dissipation of blood-alcohol suggested that there was an emergency, the court held that the nonconsensual warrantless blood draw violated McNeely’s Fourth Amendment right to be free from unreasonable searches of his person. Id., at 74–75. We granted certiorari to resolve a split of authority on the question whether the natural dissipation of alcohol in the bloodstream establishes a per se exigency that suffices on its own to justify an exception to the warrant requirement for nonconsensual blood testing in drunk-driving investigations. See 567 U. S. ___ (2012). We now affirm. [snip]
You're a real asset. Thanks for the information.
There are no replies to Comment # 67. End Trace Mode for Comment # 67.
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She was convicted of an earlier charge in 2012.
Officers can take blood from citizens with a warrant signed by a judge.
#64. To: Gatlin, GeorgiaConservative, Deckard, A K A Stone (#1)
She also was in possession of marijuana, ran two red lights.
She was convicted of an earlier charge in 2012.
Officers can take blood from citizens with a warrant signed by a judge. § 724.017. BLOOD SPECIMEN.
Courthouse News Service
More states are authorizing forcible blood draws for motorists suspected of driving under the influence of alcohol, regardless of the circumstances of the arrest. Forcible blood draws occur when police hold down a DUI suspect who is unruly or struggling and medical personnel withdraw a blood sample. Texas state statutes specifically allow the procedure.
Finding that this was “unquestionably a routine DWI case” in which no factors other than the natural dissipation of blood-alcohol suggested that there was an emergency, the court held that the nonconsensual warrantless blood draw violated McNeely’s Fourth Amendment right to be free from unreasonable searches of his person.
Except as provided by Section 724.012(b), a specimen may not be taken if a person refuses to submit to the taking of a specimen designated by a peace officer.
(b) A peace officer shall require the taking of a specimen of the person's breath or blood if: (1) the officer arrests the person for an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle or a watercraft; (2) the person was the operator of a motor vehicle or a watercraft involved in an accident that the officer reasonably believes occurred as a result of the offense; (3) at the time of the arrest the officer reasonably believes that as a direct result of the accident: (A) any individual has died or will die; or (B) an individual other than the person has suffered serious bodily injury; and (4) the person refuses the officer's request to submit to the taking of a specimen voluntarily.
§ 724.012. TAKING OF SPECIMEN.
§ 724.013. PROHIBITION ON TAKING SPECIMEN IF PERSON REFUSES; EXCEPTION.
1 Cite as: 569 U. S. ____ (2013) Opinion of the Court
#67. To: nolu chan (#64)
Replies to Comment # 67.
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