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  1. #1
    Atomic Punk
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    Default Police Forcibly Draw Blood

    Georgia is one of numerous states that enforce “no refusal” checkpoints where police can forcibly draw blood.

    In 2005, the Supreme Court ruled that it is not unconstitutional for the state to hold down Americans and forcefully withdraw blood.

    A January 2013 ruling affirmed that a warrant must be obtained for the process, although police could dispense with the warrant requirement in an “emergency”.

    Despite the fact that citizens can lose their drivers license for a year if they refuse a standard breathlyser test, cops can then get a warrant to forcibly draw blood, “for every DUI stop, even if there’s no accident or injury.”

    In Gwinnett County, Georgia police have carried out more than 100 forced blood draws since January.





    http://www.prisonplanet.com/shock-vi...ing-blood.html
    "Watch what people are cynical about, and one can often discover what they lack. -- Gen. George S. Patton

  2. #2
    Hang 'Em High sickman's Avatar
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    Default

    Chuck Norris forcibly draws blood too.

  3. #3
    Gird your loins Daisy Hill's Avatar
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    Default

    I know a drunk driver that I would like to forcibly draw blood from

    survivor of the Bowling Green Massacre 9-3-2016 BGSU 10 OSU 77

    She was warned. She was given an explanation. Nevertheless, she persisted.

  4. #4
    Atomic Punk
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    Default

    Here we go again.
    "I respect that youre passionate about this but what your saying is complete idiocy..." - MF5150 on McDonald's "preying" on young kids.

    "He was born a human, he's a horse's ass by proxy." - It's Mike on Eddymon.

  5. #5
    Good Enough pickslide's Avatar
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    Quote Originally Posted by ZachenFoot View Post
    Here we go again.
    I'm going to stay out of this one since I vomited all over the other one.

    :

    TK

  6. #6
    Atomic Punk CaboChris's Avatar
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    Quote Originally Posted by pickslide View Post
    I'm going to stay out of this one since I vomited all over the other one.

    :

    TK
    Me too even though this one is even more disturbing to me. :banghead:

  7. #7
    Forum Frontman It's Mike's Avatar
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    Default

    Hell, even I'm not a fan of these. Refusing a breath test should equal a failed test. That should be enough.

  8. #8
    Baluchitherium Ted Van Halen's Avatar
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    Quote Originally Posted by It's Mike View Post
    Hell, even I'm not a fan of these. Refusing a breath test should equal a failed test. That should be enough.
    In my previous job 22 years ago, I did pre-employment & random drug screening which included running a breathalyzer. If asked we informed the applicant/employee that refusal to blow was viewed & treated as a positive test. I don't think we ever had one though.
    -TVH-


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  9. #9
    Forum Frontman It's Mike's Avatar
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    Default

    What would be the reason the cops would need to take a blood sample anyways?

  10. #10
    Good Enough pickslide's Avatar
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    Quote Originally Posted by It's Mike View Post
    What would be the reason the cops would need to take a blood sample anyways?
    Okay, I lied. I'm in.

    I don't know what the reasoning is, but I had a crash in Georgia (my home state) in 1994. I was sober, but in the trunk there was a cooler of beer that catapulted into the cabin (yes, it was a bad crash). Everbody was safe, but soaked in beer. The cop rightly suspected drunk driving and told me I had the right to refuse a breath test, and recommended what he said was the more accurate blood test, which I passed. Er, um, failed. I wasn't drunk, is what I'm trying to say.

    There was apparently a law that you could refuse the breath test. The leap from testing those who apparently took a shower in Bud Light and just randomly testing people is, I'm afraid, just par for the course these days.

    TK

  11. #11
    Atomic Punk CaboChris's Avatar
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    Quote Originally Posted by It's Mike View Post
    What would be the reason the cops would need to take a blood sample anyways?
    Because it's basically a faster way to get the "evidence" before it dissipates.



    The state of Missouri appealed, contending that because alcohol dissipates in the bloodstream over time, that alone constitutes an emergency situation that justifies forcing a blood draw without a warrant.

    "Our main point is that under the exigent circumstances exception, when we know for certain that important, reliable, evidence is in the process of being destroyed, a search warrant is not necessary because, during any delay to obtain a search warrant, you are allowing the best evidence of the crime to dissipate and be destroyed," says John Koester, assistant prosecuting attorney for Cape Girardeau, Mo. The state also maintains that in these circumstances, a warrantless blood draw is "a minimal intrusion."



    In other words we need to strike while the iron is hot. I wonder what happens to all that blood that is being stored. Hmmm....


    http://www.npr.org/2013/01/09/168868...ake-blood-test

  12. #12
    Forum Frontman It's Mike's Avatar
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    Default

    Chris,

    Maybe I'm not understanding american law here, but what's wrong with a breath test? Doesn't that give the cops all the info they need?

  13. #13
    Atomic Punk CaboChris's Avatar
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    Quote Originally Posted by It's Mike View Post
    Chris,

    Maybe I'm not understanding american law here, but what's wrong with a breath test? Doesn't that give the cops all the info they need?
    There is nothing wrong with a breath test accept that one can refuse it. The longer you refuse the more likely it is that law enforcement can't prove without a definitive of the doubt what one's actual BAC was.

    And if they can't prove it then you know what that means for them? You likely don't get charged in a lot of cases.

  14. #14
    Forum Frontman It's Mike's Avatar
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    Quote Originally Posted by CaboChris View Post
    There is nothing wrong with a breath test accept that one can refuse it. The longer you refuse the more likely it is that law enforcement can't prove without a definitive of the doubt what one's actual BAC was.



    And if they can't prove it then you know what that means for them? You likely don't get charged in a lot of cases.

    Up here refusing a breath test = a failed test. Can I assume this is not the case in this state?

  15. #15
    Atomic Punk CaboChris's Avatar
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    Quote Originally Posted by It's Mike View Post
    Up here refusing a breath test = a failed test. Can I assume this is not the case in this state?
    But they still have to know what your BAC is. They have to PROVE that you were over the legal limit with a BAC number. If one is not cooperating with the breath test then they will take your blood. By force if neccessary.

 

 

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