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Supreme Court to decide whether
police can take your blood without
your permission

NBC News, by M. Alex Johnson

Original Article

Posted By:LittleHoodedMonk, 1/8/2013 9:01:11 PM

The U.S. Supreme Court will hear arguments Wednesday in a landmark Fourth Amendment case that could clear up almost 50 years of uncertainty over the constitutionality of blood tests that are taken without a suspect´s consent. (Snip) In general, a person´s blood is protected under the Fourth Amendment, Chief Justice William Brennan wrote in Schmerber v. California (.pdf): "Search warrants are ordinarily required for searches of dwellings, and, absent an emergency, no less could be required where intrusions into the human body are concerned."

Comments:
I see this as a sinister attempt to get our DNA for a national database for whatever some unknown insurance or government agency wants it for. Be very afraid of the ruling if it is affirmed.

      


Post Reply  

Reply 1 - Posted by: mfm, 1/8/2013 9:08:46 PM     (No. 9106034)

Well we all know how john roberts willl weigh in..

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Reply 2 - Posted by: Ida Lou Pino, 1/8/2013 9:14:29 PM     (No. 9106041)

Can the police make me buy health insurance against my will?

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Reply 3 - Posted by: NYbob, 1/8/2013 9:44:20 PM     (No. 9106079)

I guess it would come in handy if one of the elite class needs your liver. We are nothing like China. Over there you have to be a prisoner before they harvest you. Here you are already a prisoner, unless you work in DC.

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Reply 4 - Posted by: chance_232, 1/8/2013 10:31:29 PM     (No. 9106125)

If we can figure out how to make this racist, the supremes will rule against it.

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Reply 5 - Posted by: Crosscut, 1/8/2013 10:41:36 PM     (No. 9106134)

To me it´s a no brainer. Of course not. But with the SC we have now anything is possible.

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Reply 6 - Posted by: Nevadadad46, 1/8/2013 10:42:51 PM     (No. 9106136)

Watching this closely. It will determine if, in fact, Roberts is now (and has been for some time) a wholly owned subsidiary of Øbama, Inc.

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Reply 7 - Posted by: tipover, 1/9/2013 1:45:52 AM     (No. 9106279)

So, no blood draw for DUI? Blood isn´t required for DNA, just a cheek swab.

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Reply 8 - Posted by: King of all trolls, 1/9/2013 2:03:47 AM     (No. 9106286)

This case basically comes down to whether the natural breakdown of alcohol by the body constitutes an "exigency" as defined by case law that´s been around since the 1960s. It probably doesnt, but even if it does the cops have other, less intrusive, means for establishing intoxication. this is Much ado about nothing.

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Reply 9 - Posted by: aasilver, 1/9/2013 2:10:21 AM     (No. 9106293)

A person can refuse a breathalyzer test but the law then gives the cops the right to draw blood (at least in Calif).

If the courts repel that law then we can do away with DUI´s.

Isn´t liberalism great????

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Reply 10 - Posted by: Topic Thunder, 1/9/2013 2:12:57 AM     (No. 9106297)

The IRS is already doing it so why not the cops?

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Reply 11 - Posted by: Trigger2, 1/9/2013 3:14:03 AM     (No. 9106327)

Saddlebags will probably rule that only whiteys need give blood tests, so line them all up and get their DNA into a national data base. Good grief. The US is so close to communism that it´s pathethic we´ve almost lost our country and freedoms.

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Reply 12 - Posted by: mathman, 1/9/2013 9:06:17 AM     (No. 9106655)

If they can´t take your blood, how can they take your breath? What, precisely, is the difference, legally speaking? A breathalyzer is certainly an invasion of your privacy: the officer has to affix the mask to your face. By the way, how can you be pulled over for a traffic violation? Does a warrant not need to be issued for a traffic stop? And what about all those red light cameras and speed cameras? Don´t they also need warrants?
Don´t we have the right to drive? Is this not the state legislating morality?
The issue seems to be that the blood was not drawn pursuant to a warrant. Presumably a judge, defined to be impartial, would not violate the person´s civil rights by signing a warrant.

This is all just a clever lawyer trick, to escape prosecution for breaking the law.

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Reply 13 - Posted by: 4Justice, 1/9/2013 9:15:07 AM     (No. 9106674)

No, this is not a way to get out of breaking the law. If you refuse a breathalyzer test, you are considered guilty. But you have the right to refuse still. In California, they CAN take your blood without your consent even if you prefer to do a urine test. THAT is a real invasion. Sticking sharp objects into a person without their consent or a warrant should be unconstitutional.

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