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News Link • Drug War

Court: Police Can't Force Blood Tests

• Washington Post
The Supreme Court ruled Wednesday that police can't force a drunken driving suspect to submit to a blood draw unless they have a warrant or can show an urgent need to act without one.

The 8-1 opinion rejected a position backed by the Obama administration and nearly three dozen states that argued the natural dissipation of alcohol from the bloodstream automatically created "exigent circumstances" that excuse police from the obligation of obtaining a warrant.

 

2 Comments in Response to

Comment by Powell Gammill
Entered on:

http://jonathanturley.org/2013/04/18/supreme-court-rules-against-per-se-blood-testing-rule-for-dui-suspects/#more-63152

http://blog.simplejustice.us/2013/04/18/the-convenience-of-poking-drunks.aspx
 

Comment by Ed Price
Entered on:

This is a good decision. It's time that laws start to move in the direction of punishment for people guilty of harming other people or damaging their property, rather than laws that find innocent people guilty because there is a POTENTIAL for harm and damage. Why? Because there is ALWAYS a potential for harm or danger. And there are millions of activities that are done safely even though that potential is there.

Let people be free. But if they do harm or damage, let them receive punishment that matches the harm or damage they have done. No excuses. No innocence by reason of insanity. No getting off because their insurance paid for the harm or damage. Barely any escape from punishment when it is accidental harm or damage, when every precaution was taken, and there was no negligence on the part of the one that did the harm or damage.

If the punishment TRULY matched the crime of HARM OR DAMAGE ONLY, dangerous people would be off the streets through fear of punishment, or through the actions of punishment being administered after they had done harm or damage. Innocent people could be free from constant badgering by police. Laws could be converted into advisory warnings. And WE COULD BE FREE, especially in the area of anti-drug laws.


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