TN Cops to Draw Blood at Labor Day Weekend ‘No Refusal’ DUI Checkpoints

[ChriswUfGator]

https://en.wikipedia.org/wiki/Implied_consent

Wrong standard.

Compulsory blood tests require a warrant or the presence of an accident involving death or serious bodily injury. See Missouri v. McNeely: http://www.supremecourt.gov/opinions/12pdf/11-1425_cb8e.pdf

[Dog Walker]

Using a blood test also means they are not just looking for drunk drivers, but drivers that might have smoked marijuana in the past month.  Motive=asset forfeiture.

Someone sticking a needle in me without my consent is going to need more than a warrant. 

[Non-RedNeck Westsider]

https://en.wikipedia.org/wiki/Implied_consent

Wrong standard.

Compulsory blood tests require a warrant or the presence of an accident involving death or serious bodily injury. See Missouri v. McNeely: http://www.supremecourt.gov/opinions/12pdf/11-1425_cb8e.pdf

Maybe so on a random stop, but these checkpoints are neither random nor are they a surprise. 

It's my thought, that by publicly advertising when and where, they'll be able to use that premise as justification to perform the blood draw if deemed necessary. 

I've been wrong before.

[ChriswUfGator]

https://en.wikipedia.org/wiki/Implied_consent

Wrong standard.

Compulsory blood tests require a warrant or the presence of an accident involving death or serious bodily injury. See Missouri v. McNeely: http://www.supremecourt.gov/opinions/12pdf/11-1425_cb8e.pdf

Maybe so on a random stop, but these checkpoints are neither random nor are they a surprise. 

It's my thought, that by publicly advertising when and where, they'll be able to use that premise as justification to perform the blood draw if deemed necessary. 

I've been wrong before.

SCOTUS says you need a warrant or an accident involving death or serious bodily injury to conduct a blood draw without consent, the fact that they're doing it in a DUI checkpoint doesn't change anything relevant to the analysis in McNeely. I'm not sure what TN is expecting other than that they won't be able to use the evidence they gather through this exercise.

FWIW I agree with dog walker this is an attempted publicity stunt / money-grab.

[Non-RedNeck Westsider]

FWIW I agree with dog walker this is an attempted publicity stunt / money-grab.

Well we'll just have to agree to agree on that statement.