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Forced Blood Test

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posted on Mar, 15 2009 @ 01:11 AM
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I was wondering in what situations are forced blood tests admonished and also any other info you can give me. Also if passengers would have to submit to a forced blood draw at a dui checkpoint , as I have a friend(passenger) whos blood was recently taken against his will, all due to a odor of marijuana they justified it by saying he was on meth?? does this make any sense to you guys or is this just normal police procedure? six officers had to hold him down since he has needle phobia and after they took his blood he had a bloody mouth and I guess he spit on the car and noticed his blood, flipped out and his head on the back of the cop car at which point the police officers threw him down handcuffed. Told him to stop resisting and from what Im told he was screaming in pain and a drip of blood got on an officers shoe and they charged him with a felony 69, and get this the drop of blood that landed on the officers shoe he then wiped the little blood on his pants handcuffed on the ground. All this never read his rights... even told he had none... I hope this isnt like this everywhere.


[edit on 15-3-2009 by atsfanoffthescalez]




posted on Mar, 15 2009 @ 01:28 AM
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reply to post by atsfanoffthescalez
 


ATS isn't really the place for legal advice in honesty. Get a hold of a criminal law attorney; the police report(s); anything pertaining to the incident, etc.
In the criminal justice process here in America, there is a process for determining whether or not if a case can be pushed through and if charges can be made/pressed.



posted on Mar, 15 2009 @ 01:30 AM
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ya I know I just think its crazy that the police got his blood against his discretion... I mean where are we communist china, what happened to the right to unlawful search and seizures, ya know? I mean if they thought he was on lsd is it spinal tap on the spot or what?



posted on Mar, 15 2009 @ 01:54 AM
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reply to post by atsfanoffthescalez
 


I was recently pulled over, given sobriety tests, arrested, jailed, sent to court, and finally exonerated. After the sobriety tests, the officer asked me to give blood, I refused and told him I wold give a breathalizer. He said no, blood test only, I refused. When at the detention center I was asked to give blood 1 more time and refused, I again offered breath and they refused. I was told it was the officers choice of what to administer. All charges were dropped against me when it was discovered by my attorney, through two seperate policecar cameras, that one officer followed me from a resteraunt parking lot and onto the interstate. He then slowed from behind me and changed lanes and another officer fell in behind me and pulled me over. Nice try on their part but, when proven, entrapment is illegal.



posted on Mar, 15 2009 @ 02:13 AM
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I've never really seriously considered killing anyone, but if something like that happened to me I think I could possibly become a cold blooded killer and execute those responsible. That's pretty much no different than being raped or assaulted by a gangsters looking to destroy your spirit, empty your wallet and control you for a period of time using the jails and court system.

That's really the problem I have with checkpoints - they might as well throw everybody in prison as that's what happens in prisons daily. Checkpoints are pre-crime or stations where they assume you have broken the law, detain you by a show of deadly force and thus you must prove that you haven't in order to re-gain your freedom. Convicts on the other hand have been convicted, so they accept them as part of their punishment because they don't have a choice.

If this continues someday we'll begin to see checkpoint bombs whereas patriots who believe in true freedom and liberty will physically begin to attack and destroy checkpoints - just like we see in war zones where locals resent being subject to search by armed forces.

[edit on 15-3-2009 by verylowfrequency]



posted on Mar, 15 2009 @ 02:39 AM
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They will use any excuse they can to gain a blood sample.

The Illuminati needs more data for their DNA database.

I can understand having to submit a blood sample if you fail a breath test for alcohol to gain a more accurate reading, but to demand a blood sample while refusing to allow a breath test first just proves, beyond a doubt, that there is another agenda going on here.



posted on Mar, 15 2009 @ 02:45 AM
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reply to post by verylowfrequency
 


ya this happened at 10:30 at night and he was put into jail while his pregnant wife was worried sick, she talked to an officer briefly when he was removed from the vehicle and he said he was only being questioned and not arrested then the officer hung up on her. Point being he was then arrested not read his rights and later or his wife miscarries their twins due to loss of sleep and heavy stress from this incident... She was calling the police station all night and they told her he wasnt there, such bul#.


[edit on 15-3-2009 by atsfanoffthescalez]



posted on Mar, 15 2009 @ 03:45 AM
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reply to post by atsfanoffthescalez
 


Well, I wasn't there and don't know exactly what occurred, but yep that's pretty much how they operate.

I'm currently involved in a lawsuit that involves them keeping me from getting medical attention while I was having a heart attack, but that's a long story.

All you can do is hire an attorney and see if they did anything wrong and sue their county or city that they work for.

Another minor abuse story.

My girlfriend called me from an accident one time and I had somebody drive me down there to make sure she was alright and perhaps drive my car home, because she wasn't on my insurance card.

Without even a friendly warning the cop at the scene threw handcuffs on me and complained that I rode up on his accident scene (they were already in a nearby store parking lot as the damage was less than $500) and was interfering with his investigation - he kept me in cuffs long enough until a tow truck put my drivable car on his truck and then the cop took off my cuffs and let me go, so I could pay the tow truck a couple hundred bucks to release my car. The cop said I can tow your car if I want too and I'm going to just because I can and if you want to complain about it I can take you to jail for interfering with my investigation - so shut up. In his words attempting to be nice towards the end "I already called a tow truck because she can't drive. If I let you take the car than the tow companies wouldn't come when we call them anymore" Talk about a power tripping jerkoff.







[edit on 15-3-2009 by verylowfrequency]



posted on Mar, 15 2009 @ 12:22 PM
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reply to post by verylowfrequency
 


ya I think this all has to do with power trips... I'm in control your not basically. I believe this should not be happening in the land of the free feels almost like gustapo martial law. I mean the phlemtolologist that took his blood literally just stabbed him and missed his vein and took his blood anyways... He told me he felt like he was being raped with 6 grown men holding him down, almost like a nightmare whore flick,but this is reality. I can't get over when he declined the blood test they told him "You have no rights" and proceeded with the forced blood draw against his will! EVEN THOUGH HE WASN'T THE MOTOR OPERATOR, which sounds even more crazy to me! I mean great police work wasting are tax dollars arresting innocent citizens due to a marijuana odor what a joke,and then proceed with a forced blood draw Wow. They didn't even have any marijuana... Just letting you how all know how your tax dollars are being spent its pitiful,but hey lets give the police more money and more protection right?



posted on Mar, 15 2009 @ 02:56 PM
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So I'm just wondering if you where a passenger in a car and was going through a dui checkpoint and was asked to give your blood would you? I really want to hear other peoples opinions and if anyone knows an attorney for my friend please feel free to post it. As this is wrong in my eyes and I don't see how they could possibly justify what they did. I MEAN really since when does a passenger of a vehicle have to give blood?!????? CRAZY

[edit on 15-3-2009 by atsfanoffthescalez]



posted on Mar, 15 2009 @ 06:11 PM
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If you keep denying a blood test they'll suspect you of using illegal drugs.

Thus, do the test, and you will get off more easily.


I donate blood... to save lives =D.

[edit on 3/15/2009 by die_another_day]



posted on Mar, 15 2009 @ 06:44 PM
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How is it that Police Officers can administer a needle to take a blood sample? Wouldn't a law require it to be done by a medically trained person such as a nurse?

Very curious here.



posted on Mar, 15 2009 @ 06:49 PM
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reply to post by atsfanoffthescalez
 


You need to call a lawyer. To draw blood requires a warrant and the appropriate medical staff to perform the procedure (RN, etc.).

I would classify this as an assault and unwarranted seizure of property.

The 5th ammendment gives you the right to not incriminate yourself. It also allows you to deny a blood sample without appropriate paperwork. It is also a right to remain silent and be given a lawyer for counsel.

This is definately worth a call to an attorney that specialized in cases like this. Get all the information you can about this incident and see if there are other drivers this happened to. The more people that can back up a similar account will help in the legal process and save you money. This is a HUGE violation of human rights. Don't expect to get rich because only the lawyer will but it is worth your time to pursue this because this is wrong and needs to be exposed.



posted on Mar, 15 2009 @ 07:22 PM
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reply to post by atsfanoffthescalez
 


I feel your pain and outrage,something similar happend to me a couple of years ago and I still can't get over it.
I could give you a lot of advice but tbh talk is cheap, but I will tell you what I have done:I have started to learn the (what they call the 'Law'but is in actually statute) as I'll be dammed if I ever let them do that to me again


[edit on 15-3-2009 by Muffinresearch]



posted on Mar, 16 2009 @ 12:32 AM
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A phlebotomist was on the spot at the DUI checkpoint, It wasn't the police that took his blood.




The cops only held him down for the forced procedure, six of them. (HE WASN'T THE DRIVER)

[edit on 16-3-2009 by atsfanoffthescalez]

[edit on 16-3-2009 by atsfanoffthescalez]



posted on Mar, 16 2009 @ 12:35 AM
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The German police have been doing this for years. When I was stationed in Germany I was told that they can request a blood sample if they suspect you of driving drunk. If you do not comply then they will take it with force.



posted on Mar, 16 2009 @ 12:47 AM
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To the OP in regards to his U2U,

Doesn't matter, remember I am speaking of Germany. If you are in a car and it gets pulled over then you and your passengers are subject to blood tests.

That is of course the passengers admit to being drunk, if that is the case then the car is impounded and they must find a differant way home.

Now these blood tests aren't normally a first test thing, although they can be. They also have a sobriety test that they can administor. If they pass it and the police still feel you are legally drunk then they can give you a blood test.

The blood alcohol level in Germany is lower then it is in the US so it is easier to pass the sobriety tests. Impossible to fake your way through a blood test.



posted on Mar, 16 2009 @ 12:57 AM
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reply to post by jd140
 


ya they didn't have option of a breathalyzer as they were falsely accused of being on meth... crazy world we live in



posted on Mar, 16 2009 @ 01:02 AM
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Originally posted by atsfanoffthescalez
A phlebotomist was on the spot at the DUI checkpoint, It wasn't the police that took his blood.




The cops only held him down for the forced procedure, six of them. (HE WASN'T THE DRIVER)

[edit on 16-3-2009 by atsfanoffthescalez]

[edit on 16-3-2009 by atsfanoffthescalez]


They would still need a warrant. He has a right not to submit incriminating evidence without a warrant. The case will not hold up because the evidence was obtained in an illegal way. To draw blood from another person is assault. You can sue them.

They did not have his medical history or consult his physician to see if he wasn't a hemopheliac or someone that bruises easily. There are a number of things about this situation that in the U.S.A. are not of legal procedure. You have rights and aren't livestock.



posted on Mar, 16 2009 @ 01:03 AM
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reply to post by atsfanoffthescalez
 


Well like I said, in Germany a sobriety test isn't administered, just the blood test.

It seems to work there, I don't mind it really. If it keeps drunk drivers or drivers drugged up off the streets then I don't mind it at all.




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