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U.S. Constitution
See other U.S. Constitution Articles

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: 15856
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,” Stegall wrote, “the majority effectively looks at this appeal through the wrong end of the telescope and ends up with a myopic interpretation (of the statute).”

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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#1. To: Deckard (#0)

Excellent article.

buckeroo  posted on  2016-02-27   22:55:10 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#0)

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.)?

How will the state enforce drunken driving laws?

misterwhite  posted on  2016-02-28   10:31:08 ET  Reply   Trace   Private Reply  


#3. To: misterwhite (#2)

" How will the state enforce drunken driving laws? "

On the spot summary execution ?

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..

Stoner  posted on  2016-02-28   11:21:02 ET  Reply   Trace   Private Reply  


#4. To: misterwhite (#2)

How will the state enforce drunken driving laws?

They can just call up Deckard and ask him. He knows everything, simply by willing it to be so.

Roscoe  posted on  2016-02-28   11:27:41 ET  Reply   Trace   Private Reply  


#5. 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.)?

You have a right not to incriminate yourself. You are innocent until proven guilty. You have a right against involuntary servitude. Something you don;t support or comprehend.

Here you go again worshiping the police state and hoping it destroys the bill of rights.

A K A Stone  posted on  2016-02-28   11:32:32 ET  Reply   Trace   Private Reply  


#6. To: A K A Stone (#5)

You have a right not to incriminate yourself.

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.

Roscoe  posted on  2016-02-28   11:36:50 ET  Reply   Trace   Private Reply  


#7. To: A K A Stone (#5)

"Here you go again worshiping the police state and hoping it destroys the bill of rights."

You got all of that from a question I asked?

misterwhite  posted on  2016-02-28   11:37:43 ET  Reply   Trace   Private Reply  


#8. To: Stoner (#3)

"On the spot summary execution?"

Sure! You know how many lives that would save?

Let's invent a new law. Call it DWI. We'll set some arbitrary BAC level -- let's use 1.2%. No. 1.0%. No. .08% For now, anyways. We can always lower it.

Then we'll set up random roadblocks and pull people over, people who have otherwise done nothing illegal or wrong. Then we'll stick needles in them and draw their blood and compare their BAC to the arbitrary level we set up.

If they're over the limit, even by a little, we'll proceed to make their lives miserable -- we'll take their license away, throw them in jail, they'll lose their job, their standing in the community, and be $20,000 poorer when it's all over and done.

After all, this is America, where you can be arrested and thrown in jail for something you might do.

misterwhite  posted on  2016-02-28   11:49:27 ET  Reply   Trace   Private Reply  


#9. To: Roscoe (#6) (Edited)

"And you also have a right to waive that right when it comes to breathalyzers."

That, I got.

But do you have the right to waive the right that waives the original right? Whatever that was.

misterwhite  posted on  2016-02-28   11:56:04 ET  Reply   Trace   Private Reply  


#10. To: misterwhite (#8)

I wonder how long it will be until self-driving cars are mandatory?

Roscoe  posted on  2016-02-28   11:56:54 ET  Reply   Trace   Private Reply  


#11. To: misterwhite (#9)

But do you have the right to waive the right that waives the right that waives the original right?

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.

Roscoe  posted on  2016-02-28   12:02:25 ET  Reply   Trace   Private Reply  


#12. To: Roscoe (#10)

"I wonder how long it will be until self-driving cars are mandatory?"

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.

misterwhite  posted on  2016-02-28   12:04:25 ET  Reply   Trace   Private Reply  


#13. To: misterwhite (#8)

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..

Stoner  posted on  2016-02-28   12:09:29 ET  Reply   Trace   Private Reply  


#14. To: misterwhite (#12)

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?

Roscoe  posted on  2016-02-28   12:14:51 ET  Reply   Trace   Private Reply  


#15. To: Stoner (#13)

Time was, before breathalyzers, prisoner could be taken to a hospital for a blood test.

Just make sure the driver is strapped down good. You want to minimize the bruising at the syringe's injection point.

Roscoe  posted on  2016-02-28   12:17:58 ET  Reply   Trace   Private Reply  


#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.

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,.

A K A Stone  posted on  2016-02-28   12:25:03 ET  Reply   Trace   Private Reply  


#17. To: misterwhite (#7)

"Here you go again worshiping the police state and hoping it destroys the bill of rights."

You got all of that from a question I asked?

It is more the cumulative effect of your posts.

A K A Stone  posted on  2016-02-28   12:25:45 ET  Reply   Trace   Private Reply  


#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.

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

Roscoe  posted on  2016-02-28   12:31:46 ET  Reply   Trace   Private Reply  


#19. To: Roscoe (#15)

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..

Stoner  posted on  2016-02-28   12:35:34 ET  Reply   Trace   Private Reply  


#20. To: Stoner (#19)

If the prisoner was unruly

More reason for the test. Is an aggressive prisoner on something that makes him a special risk to officers and other inmates?

Roscoe  posted on  2016-02-28   12:39:17 ET  Reply   Trace   Private Reply  


#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.

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.

A K A Stone  posted on  2016-02-28   12:39:56 ET  Reply   Trace   Private Reply  


#22. To: A K A Stone (#21)

I pay taxes they are my roads too.

Is the park your's too? How about the public school playground?

Roscoe  posted on  2016-02-28   12:47:38 ET  Reply   Trace   Private Reply  


#23. To: Roscoe (#20)

" If the prisoner was unruly

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..

Stoner  posted on  2016-02-28   13:44:55 ET  Reply   Trace   Private Reply  


#24. To: Stoner (#23)

Think you could draw blood from someone unruly?

"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."

You're welcome.

Roscoe  posted on  2016-02-28   13:48:25 ET  Reply   Trace   Private Reply  


#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." "

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..

Stoner  posted on  2016-02-28   14:10:37 ET  Reply   Trace   Private Reply  


#26. To: Stoner (#25)

And I assume you have participated in these before?

And I assume you have participated in these before?

Roscoe  posted on  2016-02-28   14:11:44 ET  Reply   Trace   Private Reply  


#27. To: Roscoe (#26)

" 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..

Stoner  posted on  2016-02-28   14:21:43 ET  Reply   Trace   Private Reply  


#28. To: Stoner (#27)

Now, answer my question.

No.

So what did they find when they drew your blood?

Roscoe  posted on  2016-02-28   14:31:13 ET  Reply   Trace   Private Reply  


#29. To: Roscoe (#28)

" Now, answer my question.

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..

Stoner  posted on  2016-02-28   15:28:52 ET  Reply   Trace   Private Reply  


#30. To: Stoner (#29) (Edited)

LOL! Just what I thought.

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.

“Truth is treason in the empire of lies.” - Ron Paul

In a Cop Culture, the Bill of Rights Doesn’t Amount to Much

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

Deckard  posted on  2016-02-28   15:35:27 ET  Reply   Trace   Private Reply  


#31. To: Deckard (#30)

" I decided to ignore the simpleton for the most part. "

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..

Stoner  posted on  2016-02-28   15:42:19 ET  Reply   Trace   Private Reply  


#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."

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.

misterwhite  posted on  2016-02-28   16:52:19 ET  Reply   Trace   Private Reply  


#33. To: Stoner (#29)

I gave you the cite. You folded.

Roscoe  posted on  2016-02-28   16:53:20 ET  Reply   Trace   Private Reply  


#34. To: Roscoe (#33)

" 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..

Stoner  posted on  2016-02-28   19:13:44 ET  Reply   Trace   Private Reply  


#35. To: Stoner (#34)

"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."

link

It's commonplace. Lemme know if you ever work up the courage to address it.

Roscoe  posted on  2016-02-28   19:32:39 ET  Reply   Trace   Private Reply  


#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.)?

Whitey, like this one?

Fred Mertz  posted on  2016-02-28   20:16:05 ET  Reply   Trace   Private Reply  


#37. To: Stoner (#29)

Roscoe is all BLOW, and no go! LOL.

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.

Fred Mertz  posted on  2016-02-28   20:45:00 ET  Reply   Trace   Private Reply  


#38. To: Fred Mertz (#37)

I was wondering where my ankle biter went.

Roscoe  posted on  2016-02-28   21:09:24 ET  Reply   Trace   Private Reply  


#39. To: Roscoe (#38)

Case confirmed and closed, tool. LOL

Fred Mertz  posted on  2016-02-28   21:28:42 ET  Reply   Trace   Private Reply  


#40. To: Fred Mertz (#39)

And away it runs.

Roscoe  posted on  2016-02-28   22:34:28 ET  Reply   Trace   Private Reply  



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