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re: Supreme Court hears oral arguments over warrantless breathalyzers
Posted on 4/21/16 at 11:42 am to Cruiserhog
Posted on 4/21/16 at 11:42 am to Cruiserhog
quote:
If the officers on scene made a determination that the defendants were indeed drunk and the test proved it how can they claim 'illegal search and seizure' after the fact.
You cool with beating confessions out of guilty suspects?
This is pretty much the whole basis of the 4th amendment. If we say the ends justify the means, we no affirmative constitutional protection.
1
Posted on 4/21/16 at 11:51 am to therick711
For the record, I'm against the penalties for refusal, but I'm not going to ignore the argument that you don't have anything to worry about if you weren't drinking and driving. Is that a good enough argument to keep the status quo, no I don't believe it is, but I cannot disregard it on a personal level.
I look at this like I look at invoking the 5th or refusing to testify. Is it your right? Yes it is. Is it going to make you look guilty AF? Yes, yes it is.
I look at this like I look at invoking the 5th or refusing to testify. Is it your right? Yes it is. Is it going to make you look guilty AF? Yes, yes it is.
Posted on 4/21/16 at 11:53 am to NYNolaguy1
quote:
This case was brought because the officers didn't get a warrant.
the officers had probable cause...the defendants smelled of booze, wrecked their vehicles and/or were caught on scene...the officers didnt need a warrant in this particular case.
Subsequent test proved the officers right in arresting the defendants.
Again their premise is correct, the case just has the wrong players
Posted on 4/21/16 at 11:57 am to Speedy G
quote:
This is pretty much the whole basis of the 4th amendment. If we say the ends justify the means, we no affirmative constitutional protection
Agreed. Sometimes I forget that our system was originally set up to keep innocent people out of jail more so than it was to catch all guilty people. It sucks when criminals get away with it or get out of their charges, but the alternative would put away many more innocent people than we already do. It's not perfect, but I don't know of a better alternative.
Posted on 4/21/16 at 11:59 am to therick711
quote:
I'm sure you feel the same way about pedophiles, rapists, murderers, and drug dealers. We shouldn't have rights. They are too dangerous. The world is too scary.
If by "we shouldn't have rights" you mean I'll experience a minor inconvenience that costs me no more than a few minutes once every few years, then I'm all for it.
Posted on 4/21/16 at 12:04 pm to NYNolaguy1
Heard a lady from the National Law Journal last night citing a good point made by opponents of the warrant requirement for breathalyzers. It will mean cops will always opt for a blood test, which already requires a warrant if the subject refuses. Cops use warrants to force compliance, but even if you get a warrant, there is no way to physically force someone to breathe into the tube hard enough to get a sample (or at least it is very difficult), but you can definitely take a blood sample by force by restraining the subject. If they have to get a warrant anyway, they might as well get the one that they can be sure they can execute.
Posted on 4/22/16 at 11:13 am to slackster
Do people really want autonomous cars? I just don't see it catching on as well as people think.
Posted on 4/22/16 at 11:15 am to PrideofTheSEC
quote:
Do people really want autonomous cars?
I do. I'm all for the roads being safer.
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