U.S. Constitution
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Title: State Supreme Court Just Ruled Mandatory DUI Tests are Unconstitutional
Source:
Free Thought Project/KCTV
URL Source: http://thefreethoughtproject.com/ka ... -testing-dui-unconstitutional/
Published: Feb 27, 2016
Author: Claire Bernish
Post Date: 2016-02-27 20:21:10 by Deckard
Keywords: None
Views: 16550
Comments: 109
On Friday, the Kansas Supreme Court ruled the state’s DUI testing refusal law unconstitutional, setting a remarkable precedent concerning forced testing of those suspected of driving under the influence. In a 6-1 ruling, the court decided the state’s law, which had made it a crime to refuse breathalyzer or blood alcohol tests without a court-ordered warrant, is excessive punishment. Those tests, the court found, amounted to searches, and the Kansas law “punishes people for exercising their constitutional right to be free from unreasonable searches and seizures,” reported the Kansas City Star. “In essence, the state’s reasons are not good enough, and its law not precise enough, to encroach on the fundamental liberty interest in avoiding an unreasonable search,” wrote Justice Marla Luckert for the majority, according to KCTV. According to Kansas law, the act of operating a motor vehicle gives implied consent for breath, blood, or urine testing to prove one’s sobriety, but the Supreme Court ruled the state’s Constitution allows for the withdrawal of consent without punishment for doing so. Previously, refusing a sobriety test qualified as a misdemeanor, punishable by up to a year in jail and a fine of no less than $1,250. “Once a suspect withdraws consent, whether it be express consent or implied (under the statute), a search based on that consent cannot proceed,” the court decided. According to the court, the state’s “compelling interest” to combat impaired driving and prosecute cases of DUI does not trump people’s fundamental individual liberties as protected by the Constitution. Justice Caleb Stegall wrote the lone dissenting opinion, saying there are certain situations where the law could adhere to constitutionality, and as such, it should be applied on a case by case basis. “By making this case about consent,” There are similar laws from other states currently before the U.S. Supreme Court, and Kansas’ could potentially wind up under the high court’s consideration as well. In a related ruling, the Kansas Supreme Court also decided the case of an individual who consented to testing after being told he would be criminally prosecuted for refusing. According to the court, such a ‘warning’ is considered “coercive,” thus any consent given in such circumstances would be involuntary. “Jay Norton, an Olathe criminal defense lawyer and expert on DUI law, said the law has often been used ‘as a hammer’ to induce people to plead guilty to DUI to avoid being charged with the additional crime of refusing a test,” reported the Star. Norton also said the law represented “prosecutorial overreach at its zenith.” Christopher Mann, who sits on the national board of directors for Mothers Against Drunk Driving and is a former member of the Lawrence Police Department, said the organization didn’t agree with the court’s ruling. “We support penalties for refusing to take chemical tests,” Mann explained. “We think law enforcement members need to have all the tools at their disposal to keep our roads safe from drunken drivers who kill about 10,000 people a year.” “The Supreme Court has affirmed the right of the individual citizen to be free from forced searches by the government,” Norton stated. Friday, Norton enthused, was a “great day” for both the Kansas and U.S. Constitutions.
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#11. To: misterwhite (#9)
Not sure. You (theoretically) can't waive your right to due legal process. I don't think myself nimble enough to dance on the head of that pin though.
That depends. If they're going to give me one, I say whenever they want. If I'm going to be forced to buy one -- like Obamacare -- then I say it'll be a cold day in hell.
Time was, before breathalyzers, prisoner could be taken to a hospital for a blood test. If he / she refused, would be arrested anyway, and lodged in the county jail. Then, in court the judge would use the refusal, in addition to testimony from the arresting officer : "Well judge, after he ran over a bus stop sign, and a bicycle rack at the school, he ran his car through the window of the hardware store, he crawled out, throwing up all over himself, smelled like a distillery, pissed in his pants, could not stand up, and could not state his name" The wrecker driver also confirmed those observations. In my experience, most judges would convict, and cancel drivers license. Si vis pacem, para bellum Those who beat their swords into plowshares will plow for those who don't Rebellion to tyrants is obedience to God. There are no Carthaginian terrorists. President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood A friend will help you move ,But a good friend will help you move a body..
Assuming we're allowed to own. Or even lease. The TOS for the cars will likely be massive, with the manufacturer paying the insurance and liability. Recalls could just drive themselves to the local dealer, without the owners' knowledge or consent. Like a shrink wrap license on steroids. Or maybe the feds could just nationalize Uber and its future self-driving fleet. No more cars, driveways, or garages in suburbia. Driveways cause Global Warming, you know?
Just make sure the driver is strapped down good. You want to minimize the bruising at the syringe's injection point.
Are you saying that in order to exercise your right to travel the government wants you to give up another right. That is bullshit. It is kind of like corrupt Ohio. Where in order to get a public defender. Which is a right. They want you to give up the right to a speedy trial. Only an asshole would say you have to give up one right to exercise another one. Oh yes driving is surely 100 percent a right,.
You got all of that from a question I asked? It is more the cumulative effect of your posts.
Nope. You can travel around your backyard in your car all you want, without a license. You can also landscape your backyard, if you choose to do so. But stay off of the public roads built and maintained at taxpayer expense, and regulated by law and license agreements. And don't chop down a tree for firewood at the local park. TANSTAAFL
If the prisoner was unruly, they would not take blood, and the Judge would usually consider that also as evidence of being under the influence. And/or consider it an act of refusal. Either way, the prisoner would be found guilty.
Si vis pacem, para bellum Those who beat their swords into plowshares will plow for those who don't Rebellion to tyrants is obedience to God. There are no Carthaginian terrorists. President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood A friend will help you move ,But a good friend will help you move a body..
More reason for the test. Is an aggressive prisoner on something that makes him a special risk to officers and other inmates?
But stay off of the public roads built and maintained at taxpayer expense, and regulated by law and license agreements. And don't chop down a tree for firewood at the local park. TANSTAAFL Fuck you. Driving is a right, I pay taxes they are my roads too.
Is the park your's too? How about the public school playground?
More reason for the test. " Think you could draw blood from someone unruly? Si vis pacem, para bellum Those who beat their swords into plowshares will plow for those who don't Rebellion to tyrants is obedience to God. There are no Carthaginian terrorists. President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood A friend will help you move ,But a good friend will help you move a body..
"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."
Okaaay. And I assume you have participated in these before? Si vis pacem, para bellum Those who beat their swords into plowshares will plow for those who don't Rebellion to tyrants is obedience to God. There are no Carthaginian terrorists. President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood A friend will help you move ,But a good friend will help you move a body..
And I assume you have participated in these before?
No. I have observed the medical personnel refuse to try. Now, answer my question. Si vis pacem, para bellum Those who beat their swords into plowshares will plow for those who don't Rebellion to tyrants is obedience to God. There are no Carthaginian terrorists. President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood A friend will help you move ,But a good friend will help you move a body..
No. So what did they find when they drew your blood?
No. " LOL! Just what I thought. Roscoe is all BLOW, and no go! LOL. Just runs his mouth! Typical ! Si vis pacem, para bellum Those who beat their swords into plowshares will plow for those who don't Rebellion to tyrants is obedience to God. There are no Carthaginian terrorists. President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood A friend will help you move ,But a good friend will help you move a body..
Roscoe is all BLOW, and no go! LOL. Just runs his mouth! I decided to ignore the simpleton for the most part. Seems to me that roadside sobriety tests (walking the line, touching the nose, counting backwards) should be more than enough to determine a person's ability to drive. Pass those (even after having a couple of drinks) and you should be free to go. DWI's are big money revenues for states and towns. That's the main reason they keep lowering the BAC levels. In a Cop Culture, the Bill of Rights Doesn’t Amount to Much Yeah, he is FOS & a waste of time. Think I will adopt your stance. Si vis pacem, para bellum Those who beat their swords into plowshares will plow for those who don't Rebellion to tyrants is obedience to God. There are no Carthaginian terrorists. President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood A friend will help you move ,But a good friend will help you move a body..
The driver should be ticked and charged for the damages. The fact that the driver was intoxicated should result in an additional charge. But I was referring to a driver pulled over for no reason whatsoever and subjected to a blood draw. I'm against that.
I gave you the cite. You folded.
Riiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiight. Hey look kid, go up stairs and tell your mother she wants you. She does not, otherwise you would not be in her basement. But go tell her anyway, and quit bugging me! Si vis pacem, para bellum Those who beat their swords into plowshares will plow for those who don't Rebellion to tyrants is obedience to God. There are no Carthaginian terrorists. President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood A friend will help you move ,But a good friend will help you move a body..
"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." It's commonplace. Lemme know if you ever work up the courage to address it.
Whitey, like this one?
Just runs his mouth! Glad you figured that out by now. What's funny to me is that he thinks he's so wise and clever. He's a tool.
I was wondering where my ankle biter went.
Case confirmed and closed, tool. LOL
And away it runs.
You are a silly man. The right to travel, means to travel the normal highways and byways and engage in commerce in order to conduct business or pleasure. The public roads do not mean someone else owns them, it means WE ALL OWN THEM.
Wouldn't you also have the right to refuse to communicate with the police, but refuse to take a test. We have the absolute right to not testify against ourselves, and to have an attorney present when we decide to do so.
Subject to the rules governing their use. It's been that way for centuries.
Absolutely. You could stand there pouting as they towed the car away.
Yes. If they they have right to FORCE him, let THEM use force. His CONSENT is HIS by definition. Do you comprehend this?
He's also a kid, that likes to fling poo. Keeps him out of his mothers hair. Si vis pacem, para bellum Those who beat their swords into plowshares will plow for those who don't Rebellion to tyrants is obedience to God. There are no Carthaginian terrorists. President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood A friend will help you move ,But a good friend will help you move a body..
Correct. But if you want to use a car ...
Then you buy it put some gas on it then drive on the roads that you pay a gas tax for. There have been many decisions that recognize driving as a right. If you don't think it is a right it's probably because you suck.
To: Roscoe You are a silly man. The right to travel, means to travel the normal highways and byways and engage in commerce in order to conduct business or pleasure. The public roads do not mean someone else owns them, it means WE ALL OWN THEM. Someone who gets it. I haven't interacted with you a lot. But you are now on my list of people whose comments I will usually read.
Give one. Actual decision, please.
Comments (51 - 109) not displayed.
Top • Page Up • Full Thread • Page Down • Bottom/LatestBut do you have the right to waive the right that waives the right that waives the original right?
#12. To: Roscoe (#10)
"I wonder how long it will be until self-driving cars are mandatory?"
#13. To: misterwhite (#8)
#14. To: misterwhite (#12)
#15. To: Stoner (#13)
Time was, before breathalyzers, prisoner could be taken to a hospital for a blood test.
#16. To: Roscoe (#6)
And you also have a right to waive that right when it comes to breathalyzers. Like when you apply for a license to drive motor vehicles on public streets.
#17. To: misterwhite (#7)
"Here you go again worshiping the police state and hoping it destroys the bill of rights."
#18. To: A K A Stone (#16)
Are you saying that in order to exercise your right to travel the government wants you to give up another right.
#19. To: Roscoe (#15)
#20. To: Stoner (#19)
If the prisoner was unruly
#21. To: Roscoe (#18)
Nope. You can travel around your backyard in your car all you want, without a license. You can also landscape your backyard, if you choose to do so.
#22. To: A K A Stone (#21)
I pay taxes they are my roads too.
#23. To: Roscoe (#20)
" If the prisoner was unruly
#24. To: Stoner (#23)
Think you could draw blood from someone unruly?
#25. To: Roscoe (#24)
" Forcible blood draws occur when police hold down a DUI suspect who is unruly or struggling and medical personnel withdraw a blood sample." "
#26. To: Stoner (#25)
And I assume you have participated in these before?
#27. To: Roscoe (#26)
" And I assume you have participated in these before? "
#28. To: Stoner (#27)
Now, answer my question.
#29. To: Roscoe (#28)
" Now, answer my question.
#30. To: Stoner (#29)
(Edited)
LOL! Just what I thought.
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#31. To: Deckard (#30)
" I decided to ignore the simpleton for the most part. "
#32. To: Stoner (#13)
"Well judge, after he ran over a bus stop sign, and a bicycle rack at the school, he ran his car through the window of the hardware store, he crawled out, throwing up all over himself, smelled like a distillery, pissed in his pants, could not stand up, and could not state his name" The wrecker driver also confirmed those observations."
#33. To: Stoner (#29)
#34. To: Roscoe (#33)
" I gave you the cite. You folded. "
#35. To: Stoner (#34)
#36. To: misterwhite (#2)
So, if a driver can refuse breathalyzer or blood alcohol tests without a court- ordered warrant, can they also refuse other sobriety tests (walk a straight line, stand on one leg, etc.)?
#37. To: Stoner (#29)
Roscoe is all BLOW, and no go! LOL.
#38. To: Fred Mertz (#37)
#39. To: Roscoe (#38)
#40. To: Fred Mertz (#39)
#41. To: Roscoe (#18)
#42. To: Deckard (#30)
#43. To: jeremiad (#41)
means to travel the normal highways and byways
WE ALL OWN THEM
Ah, a Bernie Bro. I hold fee title to the center of the public road in front of my house. That's very common, by the way. However, you're not interested in how things actually work, are you? You just want what you want. That's all you care about.
#44. To: jeremiad (#42)
Wouldn't you also have the right to refuse to communicate with the police
#45. To: misterwhite (#2)
So, if a driver can refuse breathalyzer or blood alcohol tests without a court- ordered warrant, can they also refuse other sobriety tests (walk a straight line, stand on one leg, etc.)?
#46. To: Fred Mertz (#37)
" He's a tool. "
#47. To: jeremiad (#41)
"The right to travel, means to travel the normal highways and byways and engage in commerce in order to conduct business or pleasure."
#48. To: misterwhite (#47)
Correct. But if you want to use a car ...
#49. To: jeremiad (#41)
#50. To: A K A Stone (#48)
There have been many decisions that recognize driving as a right.
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