Let's hope this doesn't come to Florida. It's really sad what's going on with our rights in this country
QuoteThis Labor Day weekend, Tennessee motorists will be subjected to "no refusal" DUI checkpoints at which suspected drunk drivers could be forced to submit to an involuntary blood test.
Tennessee has a new Labor Day tradition. According to WKRN-TV, the Tennessee Highway Patrol will continue its "no refusal" blood-extraction DUI checkpoints this Labor Day weekend, starting on midnight on August 29 and continuing until midnight on September 1. Under "no refusal" enforcement, suspected drunk drivers will be forced to submit to a breathalyzer or blood test, even if they refuse.
http://benswann.com/tn-cops-to-draw-blood-at-labor-day-weekend-no-refusal-dui-checkpoints/
Why not.... I"ll play DA on this one.
What rights are we being forced to give up?
And in this case, the locations and a generalized time is given as to when and where these checks will occur. And not all of the sites will have the 'non-refusal' designation. They're all listed HERE (https://news.tn.gov/sites/default/files/082414%20-%20Labor%20Day%20&%20No%20Refusal%20Checkpoints.pdf)
The concept itself violates the fourth amendment...
Quote from: Non-RedNeck Westsider on August 29, 2014, 05:53:00 PM
Why not.... I"ll play DA on this one.
What rights are we being forced to give up?
AMENDMENT IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
I highlighted the specific part of Amendment V this also violates
AMENDMENT V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;
nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Those were the two I was expecting.
Now please find me the amendment that gives us the right to operate a vehicle.
Quote from: FSBA on August 29, 2014, 10:18:27 PM
Quote from: Non-RedNeck Westsider on August 29, 2014, 05:53:00 PM
Why not.... I"ll play DA on this one.
What rights are we being forced to give up?
AMENDMENT IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
I highlighted the specific part of Amendment V this also violates
AMENDMENT V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
IIRC the courts have ruled that DUI checkpoints do not violate one's Constitutional rights, whether we agree with that is an entirely different conversation.
Quote from: Non-RedNeck Westsider on August 29, 2014, 11:14:49 PM
Those were the two I was expecting.
Now please find me the amendment that gives us the right to operate a vehicle.
Considering vehicles weren't invented yet that's a silly argument. The founders gave us a broad framework of ideals and protections they intended to apply to the future. If we're going to run around applying 18th century technology to the modern day as reductio ad absurdum, then you would have agree the right to bear arms is limited to single-shot flintlocks, no?
That and as a general principle, in this country you have the right to do whatever there isn't a law prohibiting. Which isn't much anymore, but that's another debate.
Quote from: carpnter on August 29, 2014, 11:51:31 PM
Quote from: FSBA on August 29, 2014, 10:18:27 PM
Quote from: Non-RedNeck Westsider on August 29, 2014, 05:53:00 PM
Why not.... I"ll play DA on this one.
What rights are we being forced to give up?
AMENDMENT IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
I highlighted the specific part of Amendment V this also violates
AMENDMENT V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
IIRC the courts have ruled that DUI checkpoints do not violate one's Constitutional rights, whether we agree with that is an entirely different conversation.
A checkpoint and indiscriminate forced blood draws are two very different things, as surely you knew before you posted that.
Sounds exactly what a desperate chronically concservative state like TN would do..im suprised its not here in fl..we are just a handicapped by the desease...seems abusive.
Tennessee has its own Department of Homeland Security?
See: https://news.tn.gov/sites/default/files/082414%20-%20Labor%20Day%20&%20No%20Refusal%20Checkpoints.pdf
Don't confuse conservative and authoritarian. Conservative used to mean leaving people alone to their own judgement and devices. Anti-abortion laws, mandatory blood draws, etc. are authoritarian i.e. "We are going to make you conform to what we think is right."
Quote from: Rob68 on August 30, 2014, 07:47:05 AM
Sounds exactly what a desperate chronically concservative state like TN would do..im suprised its not here in fl..we are just a handicapped by the desease...seems abusive.
Derp. Have you been to the so called "liberal" northeast in a while? Not exactly a hands off live and let live type of place & plenty of authoritarian type things going on every single day instead of just a weekend. This stuff doesn't care about party lines. But to be honest, I find from my own personal experience that these areas are much worse for this type of thing than any southern "conservative" states. It seems to be much more prevelant & accepted in those places, so you don't hear about it as often. Could be density, could be that a lot of the far left think government is their friends, who knows.
Just another version of having to show your papers
https://en.wikipedia.org/wiki/Implied_consent
Quote from: ChriswUfGator on August 30, 2014, 07:24:57 AM
Quote from: carpnter on August 29, 2014, 11:51:31 PM
Quote from: FSBA on August 29, 2014, 10:18:27 PM
Quote from: Non-RedNeck Westsider on August 29, 2014, 05:53:00 PM
Why not.... I"ll play DA on this one.
What rights are we being forced to give up?
AMENDMENT IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
I highlighted the specific part of Amendment V this also violates
AMENDMENT V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
IIRC the courts have ruled that DUI checkpoints do not violate one's Constitutional rights, whether we agree with that is an entirely different conversation.
A checkpoint and indiscriminate forced blood draws are two very different things, as surely you knew before you posted that.
Have you looked at the bottom of your Driver's License lately. Read closely what it says, I think it is safe to say that every other state has something similar on their licenses.
Quote from: spuwho on August 30, 2014, 04:59:39 PM
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
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.
Quote from: ChriswUfGator on August 31, 2014, 01:57:12 PM
Quote from: spuwho on August 30, 2014, 04:59:39 PM
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.
Quote from: Non-RedNeck Westsider on August 31, 2014, 03:56:11 PM
Quote from: ChriswUfGator on August 31, 2014, 01:57:12 PM
Quote from: spuwho on August 30, 2014, 04:59:39 PM
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.
Quote from: ChriswUfGator on August 31, 2014, 04:02:26 PM
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.