Frightening
Florida is among several states now holding what are called “no refusal” checkpoints.
It means if you refuse a breath test during a traffic stop, a judge is on site, and issues a warrant that allows police to perform a mandatory blood test.
This is going to get someone killed.
January 6th, 2011 at 10:06 am
Nah. They can look at you naked when you fly and or grope your junk. The government owns it’s people.
January 6th, 2011 at 10:17 am
That’s just what Florida needs: Something to piss off tourists and make them never want to come back.
January 6th, 2011 at 10:34 am
Papers please.
And we’re going to need a fingerprint, as well as a blood, urine, and stool sample.
It’s for the children.
January 6th, 2011 at 10:39 am
“Its for the children.”
And all this nanny state legislation and enforcement will cost trillions.
THAT is for the children, ’cause we’re broke.
January 6th, 2011 at 10:45 am
“THAT is from the children, cause were broke.”
I fixed that for you.
January 6th, 2011 at 11:16 am
What 4th Amendment?
January 6th, 2011 at 11:27 am
The whole idea of warrants being issued by judges, is that judges are not an interested party and are neutral. With the judge being present at the police checkpoint, the judge is no longer a neutral, disinterested party, but is in effect a police officer himself. Instead of the way the system is supposed to run, with two opposing parties and a neutral judge, we have the judge and the prosecution versus the defense.
The next step is that all police officers will be appointed as judges, and will sign their own warrants, and hold trial at the crime scene. Sounds like that Stallone movie, “Judge Dredd.”
January 6th, 2011 at 11:32 am
Judge/jury/executioner. Oh, wait. Judge/jury/executioner/TSAagent.
That’s the government _I_ want!
🙁
January 6th, 2011 at 12:20 pm
Agreed, though there’s been an unholy collusion between the judiciary and executive branch for so long, people think it’s normal and to be expected.
Traffic court anyone?
Oh and in Maryland, if you drive on the public roadways it assumed you have automatically consented to a breathalyser test (before consulting with an attorney, mind you)
January 6th, 2011 at 12:44 pm
I’m still trying to figure out how I can be compelled to incriminate myself by donation of fluids (blood & urine) or gases (breath). The constitutionality of this kind of disturbs me.
January 6th, 2011 at 2:04 pm
Apparently as long as the LEO perform the checkpoints in a uniform manner, without favoritism to some groups or discrimination against others, and everyone is treated the same (even if the tests are one of every 5 motorists), then it passes muster for some reason as being constitutional.
Drivers can still turn around and drive away from the roadblock, IIRC, so only the really stupid and really drunk drivers will be caught. Those with something they really need to hide from LEOs like the kilo of cocaine in their pants will make an easy, legal, 3-point turn and drive away free.
January 6th, 2011 at 2:34 pm
Guess I’m being dense today. Exactly HOW is this going to get someone killed?
Please note that this does not mean that I endorse or agree with said “no refusal” checkpoints. I just don’t get the whole getting someone killed part.
s
January 6th, 2011 at 3:26 pm
I would just like to point out that Judges CAN be sued, and in Florida, they CAN be removed from the bench for corruption. If they’re paid to be at these checkpoints, that counts as a bribe. They don’t get to be judges outside of the courthouse or their official place of business. They don’t get to be judges in the Wal-Mart. “Oh, but we’ll PAY you to use the powers of your office to give approval to our claim of ‘Lowest Prices, Guaranteed’.” Nothing illegal about that!
If I get pulled over at one of these checkpoints, I will guarantee you that I will record the event (you know they just LOVE when you do that) including the names of all officers present AND the Judge, and each of those offenders will be named in a SEPARATE civil rights lawsuit. I don’t drink and drive, so this will be a guaranteed payday for me.
January 6th, 2011 at 4:02 pm
Sounds like a plan matt. I would love to retire early to a non police controlled country.
January 6th, 2011 at 4:12 pm
Bullshit. They WILL come after you, and pull you over with some trumped up excuse.
I know because it happened to me. I wasn’t drunk, wasn’t even trying to avoid the checkpoint (I’d have had to go out of my way to go through the checkpoint; my turn was a few blocks away from it). Didn’t stop them from pulling me over for “speeding” when I wasn’t even a single mph over the speed limit.
January 6th, 2011 at 6:10 pm
Sounds like a lawsuit waiting to happen for an invalid warrant.
Last I checked warrants still required an expression of cause for a search … and last I checked “doesn’t want to be searched” still isn’t cause.
January 6th, 2011 at 7:06 pm
If we lived in a properly oppressed third-world country, the locals would have nailed the entire checkpoint with a mortar or an IED. But since we live the land of the free and home of the brave, everyone just bends over and goes along. Lovely.
January 6th, 2011 at 7:11 pm
Same as myself Rob. I was in a turning lane to turn off onto a highway onramp that had seatbelt checkers on it. I realized I needed gas an pulled out to continue down the road I was on. The caught up with me at the station, asking what I was running from.
January 6th, 2011 at 7:15 pm
Luckly, Oleg, we are still at the soapbox and ballot box stage. The explosives box I am sure will follow if needed.
January 6th, 2011 at 8:56 pm
cops will be wasting time at an avoidable checkpoint annoying and harassing law abiding people instead of patrolling and looking for people who are actually committing crimes and/or swerving down the road.