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  1. #1
    Atomic Punk bklynboy68's Avatar
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    12.11.17 @ 05:31 AM
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    Default 'That Search Warrant Is For Your Blood': LA. Police Enforce 'No Refusal' DWI Policy

    Louisiana drivers be warned: If police even suspect you of driving under the influence of alcohol or drugs, you will be required to provide officers a blood sample for them to test. Drivers who refuse will remain under arrest until police obtain a search warrant for their blood.

    The controversial tactic is permitted under the so-called “no refusal” policy — and it’s exactly what it sounds like.


    Drivers arrested on suspicion of drunk driving have been able to refuse a breath, urine or blood test in the past. Now drivers in Louisiana have no choice.

    “No refusal means that if you refuse a chemical test once you are arrested for a DWI, that trooper can get a search warrant. That search warrant is for your blood,” State Police Trooper Melissa Matey told WVUE-TV. “There are numerous parishes around the state that participate in no refusal 24/7 throughout the year, however during Thanksgiving you will see additional parishes that come on and promote the no refusal.”

    “A magistrate judge will be on standby to sign the warrant authorizing a forced blood draw from a suspected drunk driver,” the report adds.

    Even though the process is controversial, the state of Louisiana has reportedly upheld the “no refusal” policy as constitutional.

    “Make the right choices before you get behind the wheel,” Matey advised drivers. “Make sure that you get a sober driver or call a taxicab, because it is much cheaper than getting a DWI.”

    While more than 700 people reportedly died in alcohol-related crashes in Louisiana last year, some critics will certainly be concerned about the privacy of individuals who may be wrongly suspected of driving under the influence and therefore required to provide a blood sample. These cases will certainly be in the vast minority, though still theoretically possible.

    Legal analyst Joe Raspanti told WVUE-TV that he always tells his clients to never voluntarily consent to a chemical test. However, he admits cops are technically operating within the law with the “no refusal” process.

    It wasn’t immediately clear if Louisiana State Police also planned to set up any DWI roadblocks during the busy holiday week. Calls made to the state police after hours were not returned.



    http://www.fox8live.com/story/240790...s-this-holiday

    http://www.theblaze.com/stories/2013...or-your-blood/
    Last edited by bklynboy68; 11.27.13 at 04:51 AM.
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  2. #2
    Forum Frontman It's Mike's Avatar
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    12.11.17 @ 05:13 AM
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    up here if you refuse a breath test it's the equivalent of a failed test. What's the reason for taking blood? I imagine this is for driving under the influence of narcotics?

  3. #3
    Atomic Punk Dave's Dreidel's Avatar
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    12.11.17 @ 04:47 AM
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    I'm with the Canuck. Refusal to take the test is just an automatic fail, no need to get blood involved.
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  4. #4
    Gird your loins Daisy Hill's Avatar
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    12.09.17 @ 08:36 PM
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    this year a man took his case to the US Supreme court where the Court ruled that taking blood without a warrant is illegal search and seizure and that if there is time to get someone to a clinic for a draw there is time to get a warrant

    so attorneys everywhere are telling their client to not consent to breathalyzers because it takes time to get a warrant

    police are adjusting their tactics to be able to obtain warrants rapidly by assigning magistrates to be on call particularly during peak times

    takes longer to get the blood draw which allows the alcohol level to dissipate, but it is much harder to overturn a blood draw result than a breathalyzer test

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  5. #5
    Forum Frontman It's Mike's Avatar
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    12.11.17 @ 05:13 AM
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    Quote Originally Posted by Daisy Hill View Post
    this year a man took his case to the US Supreme court where the Court ruled that taking blood without a warrant is illegal search and seizure and that if there is time to get someone to a clinic for a draw there is time to get a warrant

    so attorneys everywhere are telling their client to not consent to breathalyzers because it takes time to get a warrant

    police are adjusting their tactics to be able to obtain warrants rapidly by assigning magistrates to be on call particularly during peak times

    takes longer to get the blood draw which allows the alcohol level to dissipate, but it is much harder to overturn a blood draw result than a breathalyzer test
    but aren't they better off just writing the law that you aren't allowed to refuse the breathalyzer and if you do it's a failed test?

  6. #6
    Atomic Punk bsbll4's Avatar
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    12.08.17 @ 02:16 PM
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    This is one of those subjects I struggle with. I don't want drunk drivers on the road (obviously), and when they are caught in the act, I dont want them to be able to get out of it due to a technicality.

    On the other side, I have serious problems with the "refuse and you fail" concept. We are suggesting that if you are under suspicion for a crime, you are guilty until proven innocent which flies in the face of our justice system and Constitution (and you can't prove a negative in this case, since you can't prove you weren't drunk, so getting a fair trial is impossible). This is one of those things that seems innocent enough...until it isn't. I hate the constant chipping away at the Bill of Rights, whether it's this, the Patriot Act, NSA surveillance, IRS targeting, or the attempts to curtail the 2nd Ammendment.

    With this seemingly rapid assault on the Bill of Rights, we have to remember how easy it is to lose our freedom and the things we take for granted. We also have to realize how much quicker and how much easier it is becoming for governments to become oppressive with minimal effort due to technology. The concept in the book 1984 of a government surveilling every person all the time may have seemed outlandish and an extreme example for a warning, but we are so close to that as a possibility it's scary; between drones, monitoring of emails, cell phones, land lines, and internet searches, and cameras at every intersection and place of business, we can see that future right in front of us.

    Maybe I and others are Chicken Littles. Which, if we are, I'm happy that's the case and will gladly wear it. On the other hand, if we're right and these are simply canaries in the coal mine, we need to worried.
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  7. #7
    Forum Frontman It's Mike's Avatar
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    I guess the best way i can put it is that I'm not comfortable with those refusing facing an automatic conviction but i'm much more uncomfortable with drunk driving.

    Alcohol works through your system very fast and I don't want my police force wasting resources acquiring search warrants because douchebag A feels the need to demand that a judge get involved. For me, this is just the continuation of the "I know my rights" assclowns that I have so little time for. I dislike them as much as i dislike the cops on a power trip who demand a breath test from someone who clearly hasn't been drinking. Wouldn't it be nice for people to just not drink if they know they'll be driving? What a novel f-ing concept. Personal responsibility.

  8. #8
    Atomic Punk lovemachine97(Version 2)'s Avatar
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    12.09.17 @ 11:21 PM
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    We had a long thread on DUIs a while back. I think I may have actually convinced Mike on a few issues (shocking, I know), but the laws as we know them need to be totally revamped.

    Anyway, from the side of the defendant, the DUI is an impossible accusation to defend. Attorneys have nicknamed the laws surrounding DUIs as the "DUI exception to the Constitution."

    Just as an example, even though police keep your breath, the defense does not have access to your breath unless they can prove it's exculpatory. Since you cannot prove that it is exculpatory without actually having it, the defense is not allowed to examine this key piece of evidence. I could go on, and on, and on (and did, previously).

    When you can get a DUI in a parking lot sleeping in your car with the keys within reach and you can't even put on a defense against it really, the laws have gone way, way, way too far.

    The government's position in the SCOTUS case mentioned earlier is that police should never have to ask for a warrant for a blood sample in a DUI case. SCOTUS rejected this, saying that there should be no blanket exception to the 4th amendment, but that there could be situations where there is enough urgency not to need a warrant.

    "No refusal" is a governmental overreach.

 

 

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