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re: SCOTUS rules police don't need warrant to use blood drawn from unconscious drunk driver
Posted on 6/27/19 at 11:23 am to CarRamrod
Posted on 6/27/19 at 11:23 am to CarRamrod
"Follow the law, citizen, and you won't have to worry about anything!"
It's like the "I have nothing to hide" line in response to surveillance.
It's like the "I have nothing to hide" line in response to surveillance.
This post was edited on 6/27/19 at 11:24 am
1
Posted on 6/27/19 at 11:23 am to Restomod
quote:
Medics can do this now without consent, it's called implied consent.
Yes, medics can provide life saving measures without your consent. I don't think anyone thinks that's a bad idea. But, that's not even remotely the same as what's going on here.
Posted on 6/27/19 at 11:25 am to Sentrius
quote:
unconscious drivers — "surely the most dangerous class of drivers,"
Posted on 6/27/19 at 11:25 am to Fun Bunch
quote:
Interesting that Gorsuch sided with 3 libs
Gorsuch is way more libertarian than conservative so it should be expected there will be occasions he will (rightly) side with the liberals.
Gorsuch is a national treasure.
Posted on 6/27/19 at 11:25 am to UpToPar
quote:
Yes, medics can provide life saving measures without your consent. I don't think anyone thinks that's a bad idea. But, that's not even remotely the same as what's going on here.
I get it, I was just speaking to the terms of the blood will get drawn anyway(by the medics) and any decent ED will do a ETOH/UTOX anyway.
While I'm not for a more policed controlled state, in this situation if you avoid driving drunk it's a non issue at the end of the day.
This post was edited on 6/27/19 at 11:28 am
Posted on 6/27/19 at 11:27 am to Restomod
Right, but the concern is not that someone is sticking a needle in your arm. It's that the government is doing it without your consent to obtain evidence that can be used against you.
Posted on 6/27/19 at 11:29 am to Sentrius
What if the officer beats the guy unconscious and then takes the blood?
Posted on 6/27/19 at 11:30 am to TH03
quote:
Not sure how I feel. If you're behind the wheel and so drunk you pass out, then frick you. You need to be under the jail.
But I don't like police taking blood without explicit consent. And I don't like this precedent.
Seems like it should be a hell of an easy warrant to obtain... even if it wakes some people up at night to process.
Posted on 6/27/19 at 11:30 am to Sentrius
If they are unconscious does medical personnel take a blood sample? If so, couldn't they just subpoena the results of BAC of the drawn blood?
Posted on 6/27/19 at 11:31 am to jbgleason
quote:
What if the officer beats the guy unconscious and then takes the blood?
Depends if he turns the body cam off first...
The cop will merely say he "fell" when he arrives to the ED.
Posted on 6/27/19 at 11:31 am to Sentrius
quote:
Blood tests are the only way to reliably test the alcohol level consumed by (unconscious) drivers, Alita wrote.
Best believe I'm going to quote Sam on this if I'm ever asked to breathalyze.
Posted on 6/27/19 at 11:32 am to Sentrius
What if the police then use the blood sample for a DNA databank, would that be legal?
Posted on 6/27/19 at 11:33 am to Aristo
quote:
If they are unconscious does medical personnel take a blood sample?
Yes
quote:
If so, couldn't they just subpoena the results of BAC of the drawn blood?
It's a drop of blood, used for blood glucose test. There is nothing to subpeana.
Posted on 6/27/19 at 11:34 am to Sentrius
By law all they have to do is ask if you consent. A good cop will ask something like “If you don’t consent say no”.
Most unconscious people will remain silent thus consenting. Open and shut case.
Most unconscious people will remain silent thus consenting. Open and shut case.
This post was edited on 6/27/19 at 11:35 am
Posted on 6/27/19 at 11:46 am to Restomod
quote:
It's a drop of blood, used for blood glucose test. There is nothing to subpeana.
Well there goes that theory.
Posted on 6/27/19 at 11:47 am to Oddibe
quote:
What if the police then use the blood sample for a DNA databank, would that be legal?
If they book you they are swabbing you for DNA.
Posted on 6/27/19 at 11:48 am to TH03
quote:
"Follow the law, citizen, and you won't have to worry about anything!"
You can actually hear either Judge Dredd or Robocop reciting those lines...
Posted on 6/27/19 at 12:02 pm to Sentrius
quote:
SCOTUS rules police don't need warrant to use blood drawn from unconscious drunk driver
quote:quote:
Drivers in Wisconsin are presumed to have consented to a blood draw simply by taking the wheel. They can withdraw that consent at the risk of losing their license, but that doesn't apply to unconscious drivers. Twenty-eight states have similar "implied consent" laws.
1. If you drink don't drive. Do the watermelon crawl.
2. No they ruled that implied consent laws are constitutional. Which is the 10th amendment at work. Driving is a privilege not a right and it is not mentioned in the constitution. It is not a slippery slope because states can regulate traffic laws as they see fit. If you don't like it change try and change the state(s) law.
Posted on 6/27/19 at 12:06 pm to TH03
quote:
Absolutely. If this is at the discretion of the cop, this will certainly be abused with little to nothing in the way to stop it.
FIFY
Posted on 6/27/19 at 12:08 pm to Brosef Stalin
quote:police don't know that
What if you pass out for another reason that has nothing to do with alcohol?
They should always be able to draw blood. Using it in court will be another story, but if you're passed out unconscious behind the wheel, that's always probable cause for them to draw it
This post was edited on 6/27/19 at 12:13 pm
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