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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 12:10 pm to
Posted by Dead End
Baton Rouge
Member since Aug 2013
21237 posts
Posted on 6/27/19 at 12:10 pm to
quote:

thats not good


quote:

Only for those that drive drunk...



Or "free" Americans...
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
138119 posts
Posted on 6/27/19 at 12:10 pm to
You must bow to your overlords or else
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 6/27/19 at 12:12 pm to
quote:

What if you pass out for another reason that has nothing to do with alcohol?



Exactly.

So the diabetic who fainted from low blood sugar now has blood drawn from them against their will.

Posted by Ghost of Colby
Alberta, overlooking B.C.
Member since Jan 2009
15037 posts
Posted on 6/27/19 at 12:13 pm to
Gorsuch has sided with the court’s liberal block multiple times in recent rulings.
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
40969 posts
Posted on 6/27/19 at 12:13 pm to
quote:

The "conservatives" have lost their friggin minds.

The goal of conservativism is to limit government involvement in a person's daily life. Carving out an exception to an involuntary and invasive procedure based on exigent circumstances has nothing to do with limiting government.
Posted by chalmetteowl
Chalmette
Member since Jan 2008
53752 posts
Posted on 6/27/19 at 12:14 pm to
quote:

So the diabetic who fainted from low blood sugar
you want those people behind the wheel????
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 6/27/19 at 12:19 pm to
quote:

you want those people behind the wheel????



please be a troll

ETA:

If it wasn't -- there are something like 30 million diabetics in the US alone.

This post was edited on 6/27/19 at 12:20 pm
Posted by BowlJackson
Birmingham, AL
Member since Sep 2013
52881 posts
Posted on 6/27/19 at 12:43 pm to
quote:

Another bad decision from SCOTUS. They're on a roll today.


Too many Trump appointees
Posted by xxGEAUXxx
minneapolis
Member since Dec 2012
1311 posts
Posted on 6/27/19 at 1:37 pm to
Then they won’t be convicted of DUI/DWI. Pretty simple.

If you are arrested for DUI, under implied consent you are to provide a breath, urine or blood sample. If you refuse and the LEO gets a warrant, most states allows medical staff to physically get the sample.
Posted by CaptSpaulding
Member since Feb 2012
6953 posts
Posted on 6/27/19 at 2:17 pm to
Officer I lost all my blood in a tragic boating accident.
Posted by BuckyCheese
Member since Jan 2015
57778 posts
Posted on 6/27/19 at 2:22 pm to
quote:

If you refuse and the LEO gets a warrant, most states allows medical staff to physically get the sample.


That's how it is in WI. They will get their blood sample whether the suspect does it willingly or not.

Was a bit of an uproar locally when it was reported two or three cops held a guy down on the floor while a nurse took his blood.
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
72834 posts
Posted on 6/27/19 at 3:12 pm to
quote:

A good cop will ask something like “If you don’t consent say no”.
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22864 posts
Posted on 6/27/19 at 3:15 pm to
quote:

If you are arrested for DUI, under implied consent you are to provide a breath, urine or blood sample. If you refuse and the LEO gets a warrant,


This is the important part.
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 6/27/19 at 3:24 pm to
quote:

Then they won’t be convicted of DUI/DWI. Pretty simple.

If you are arrested for DUI, under implied consent you are to provide a breath, urine or blood sample. If you refuse and the LEO gets a warrant, most states allows medical staff to physically get the sample.



Do you realize how fricked up it is that the government can take your blood against your will without a warrant when you didn't do anything against the law?

That is not a slippery slope. That is a fricking cliff.


This post was edited on 6/27/19 at 3:26 pm
Posted by Tortious
ATX
Member since Nov 2010
5660 posts
Posted on 6/27/19 at 3:35 pm to
quote:

So the diabetic who fainted from low blood sugar now has blood drawn from them against their will.


My thoughts exactly. Also, you can still get a DUI/DWI if you are under the BAC limit. You could have a .01 and be passed/knocked out from an accident and now that with the .01 they will be trying to convict you.
Posted by PrivatePublic
Member since Nov 2012
17848 posts
Posted on 6/27/19 at 4:06 pm to
quote:

Or "free" Americans...


You're free to not get behind a wheel

Driving a two ton car isn't a right.
Posted by chalmetteowl
Chalmette
Member since Jan 2008
53752 posts
Posted on 6/27/19 at 4:11 pm to
quote:

If it wasn't -- there are something like 30 million diabetics in the US alone.


i gotta share the road with that many???
Posted by Sidicous
NELA
Member since Aug 2015
19296 posts
Posted on 6/27/19 at 4:25 pm to
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.
So ya see, it's better to NOT be licensed to drive to avoid these problems!

Seriously. You can be ticketed/arrested for driving w/out license but that's more desirable than signing away all your other rights by signing the licensing agreement.

Does this SCOTUS ruling apply to those who drive unlicensed, ya know, like an illegal alien?
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
30032 posts
Posted on 6/27/19 at 4:34 pm to
What a lot of laypeople (and a surprising number of attorneys) either don't know or forget is the justices don't sit down and make a decision on cases from whole cloth. The efficacy of the briefs and oral arguments of the attorneys weighs heavily. I have heard many state and SCOTUS arguments (gave oral arguments in 3 SCOTUS cases) where the justices were literally begging an attorney to make an argument but they just wouldn't take the hints. 9 out of 10 times those cases went the "wrong" way.

People would be surprised at how many cases are argued in front of the SCOTUS by attorneys with minimal federal appellate experience. None of the three cases I argued were "mine" in each case my firm was associated with an attorney with minimal appellate experience.

It isn't just bad judges that make bad law it is often the attorneys that pave the way.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
30032 posts
Posted on 6/27/19 at 4:36 pm to
quote:

Driving a two ton car isn't a right.


Driving a car is a privilege, not a right just like voting oddly.
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