quote:

Originally posted by jhe888:

Imagine some version of this being applied to the right to bear arms. We'd, quite rightly, lose our minds. (I know the parallels aren't exact, but there are similarities.)

I'm not an NFA guy, but isn't part of that approval process agreeing to an inspection of the NFA item at any time?

quote:

Originally posted by car541:
For those of you who enjoy getting worked up about your 4th amendment rights, please read Mitchell v. Wisconsin.

https://www.google.com/url?sa=...&cshid=1588363777625

That case is awesome. Seems if you are too drunk to refuse the blood draw, cops can take it under implied consent without a warrant. With implied consent, you have to actively withdraw the consent, otherwise the consent from getting your license is still valid.


Best part of this case was that Justices Kavanaugh, Thomas, Alito, Breyer and Chief Justice Robert's all voted with the majority.

Aren't you glad that Justices Ginsberg, Kagan and Sotomayor are there to protect your rights........

Seems YOU should read the case law you cited. Mitchell only authorizes warranties blood draws on people who are unconscious. It does not allow it on persons able to consent/refuse.

quote:

Seems YOU should read the case law you cited. Mitchell only authorizes warranties blood draws on people who are unconscious. It does not allow it on persons able to consent/refuse.

Yes, I fully understand the case law, I was being a troll.

If I can have a legally binding DNR, I should be able to have an equally binding DNFuckingStabMeBitches.

Good to see this is right on track.

^^

quote:

Originally posted by TXJIM:
Is it ok to strap a rape or murder suspect down to draw blood for DNA testing?

Would it be acceptable to stop every male in the city that has the same skin color and test their blood and dna without a warrant or consent....to see if they are the rapist...

quote:

Originally posted by jljones:
Good to see this is right on track.

Just waiting on you for the fun to begin.

quote:

Originally posted by HRK:

quote:

Originally posted by TXJIM:
Is it ok to strap a rape or murder suspect down to draw blood for DNA testing?

Would it be acceptable to stop every male in the city that has the same skin color and test their blood and dna without a warrant or consent....to see if they are the rapist...

What is the world does your "scenario" have to do with what I posted? How do you equate executing a warrant on an individual with appropriate probable cause sworn before a judge to mass racial profiling and trampling basic rights?

If you are going to just throw out some wild ass hypothetical bullshit you may as well shoot for the moon I guess

quote:

Originally posted by 46and2:

quote:

Originally posted by jljones:
Good to see this is right on track.

Just waiting on you for the fun to begin.

I’m the fun police and don’t have a warrant.

I love ya, jones, I don't care what anybody says about you.

Our district attorney turned our judicial district into a no refusal district. EVERYONE will either give a specimen of their breath or their blood or blood will be taken forcibly with a search warrant.

I've been retired for 4.5 years so I'm not up on the latest statutes, but it used to be where we could take blood when a driver was unconscious without a warrant. Even so, court cases killed that for us so all blood draws had to be done with a search warrant.

I'm a huge supporter of the Constitution so I don't see what the problem is IF the blood or breath specimens are given voluntarily or with a search warrant.

quote:

Originally posted by jljones:

quote:

Originally posted by 46and2:

quote:

Originally posted by jljones:
Good to see this is right on track.

Just waiting on you for the fun to begin.

I’m the fun police and don’t have a warrant.

Can we wake a judge up or something?

quote:

Originally posted by Rick Lee:

quote:

Originally posted by jhe888:

Imagine some version of this being applied to the right to bear arms. We'd, quite rightly, lose our minds. (I know the parallels aren't exact, but there are similarities.)

I'm not an NFA guy, but isn't part of that approval process agreeing to an inspection of the NFA item at any time?

No. Common misconception though.

quote:

Originally posted by Prefontaine:
I think it’s garbage. Like someone else stated already, make cell phone driving illegal and actually enforce the shit out of it. Make it same penalties as DWI. Misdemeanors until strike 3 and it’s a felony charge. Each time you get caught doing it you go to jail. Pass and enforce that shit then I’ll believe you are protecting us.

So, 1st < 4th?

quote:

Ewww, drinking and driving blah blah. Here is a smartphone, it’s perfectly legal to surf and drive. Bunch of bullshit.

So if she had been drunk and swerving you'd be OK with that?

quote:

Originally posted by HRK:
Would it be acceptable to stop every male in the city that has the same skin color and test their blood and dna without a warrant or consent....to see if they are the rapist...

False analogy.

DUI investigation is applied to one particular person, based on probable cause.

"Same skin color male" isn't probable cause and thus is insufficient for a warrant. Male, same skin color with a particular mole on his face, identified by the witness in a blind photo lineup... that might do it.

quote:

Our district attorney turned our judicial district into a no refusal district. EVERYONE will either give a specimen of their breath or their blood or blood will be taken forcibly with a search warrant

I've only ever heard of warrants being done in CO for death or SBI crashes. We just log the refusal, suspend their license and convict based on observations.

Had a single vehicle DUI crash last week. Dude was probably on heroin based on observation. Required a blood test, refused, read refusal and asked again, refused. Issued suspension, summonsed for DUI and careless, released to custody of a sober person (we're avoiding incarcerating misdemeanors if we can right now). The video of him falling asleep 3x in my interview room, plus the interview itself, combined with bombing roadsides on video will mean this won't even go to trial once his lawyer looks at it.

quote:

I'm a huge supporter of the Constitution so I don't see what the problem is IF the blood or breath specimens are given voluntarily or with a search warrant.

If the suspect is transported medical blood draws are routine. We get warrants for the blood that was being drawn anyway.