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1. The Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving but not warrantless blood tests.
(e) Because the impact of breath tests on privacy is slight, and the need for BAC testing is great, the Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving. Blood tests, however, are significantly more intrusive, and their reasonableness must be judged in light of the availability of the less invasive alternative of a breath test. Respondents have offered no satisfactory justification for demanding the more intrusive alternative without a warrant.
originally posted by: Soloprotocol
Hypothetical question, Do you have a right to resist arrest in these type of scenarios?.
1. The Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving but not warrantless blood tests. Pp. 2172-2186.
(a) Taking a blood sample or administering a breath test is a search governed by the Fourth Amendment. See Skinner v. Railway Labor Executives' Assn., 489 U.S. 602, 616-617, 109 S.Ct. 1402, 103 L.Ed.2d 639; Schmerber v. California, 384 U.S. 757, 767-768, 86 S.Ct. 1826, 16 L.Ed.2d 908. These searches may nevertheless be exempt from the warrant requirement if they fall within, as relevant here, the exception for searches conducted incident to a lawful arrest. This exception applies categorically, rather than on a case-by-case basis. Missouri v. McNeely, 569 U.S. ___, ___, n. 3, 133 S.Ct. 1552, 1559, n. 3, 185 L.Ed.2d 696. Pp. 2173-2174.
e.g., where substances other than alcohol impair the driver's ability to operate a car safely, or where the subject is unconscious — nothing prevents the police from seeking a warrant or from relying on the exigent circumstances exception if it applies.
My husband was visiting me in Washington, DC right after 9/11 (a year after, I think) and we were just strolling down the sidewalk in Georgetown, carrying a loaf of bread...yes it was about 1am or so. I will fast forward to the "arrest" of my husband and I.....5 or 6 cop cars pulled up suddenly and told my husband to get on his knees.....my husband has long hair and at that time a goatee. I was in a dress. My husband refused to get on his knees, (his hands were up), as he had done nothing wrong. He just stood there with his hands up telling the cops he didn't do anything wrong and that he had rights. The cops MADE him get on his knees and then started to beat the crap out of him. I have blocked most of it, but there were more than two cops on my husband. (He is a little over 5'9" and is a hippy electrical engineer....). I was screaming the whole time. I reached over when a cop was going to punch my husband in the face and grabbed the cops arm....BIG mistake....I was beaten, handcuffed and put into a cop car. (I was, at that time, in my late 30's, slightly overweight and am disabled....so I certainly couldn't "assault" anyone.) I was charged with APO. When my husband complained and threatened to make a stink....HE was charged with APO...NOT resisting arrest,,,,and there was never an original charge to justify stopping us. The entire ordeal cost us 3 days in jail, thousands of dollars in lawyers and travel fees, (we lived in Chicago at the time) JUSt to have ALL the charges dropped. It was pure intimidation on the DC cop's part.....we tried to warn people that the police brutality and BS was going to get worse....but people laughed at us as "hippies" and " conspiracy theorists"
originally posted by: roguetechie
a reply to: Lurker1
You obviously aren't familiar with Utah and what would have happened should they have done as you said...
It's easy to talk big and bad for you, you're not the one who would've been almost certain to lose their job, lose their nursing or other license in the state of Utah if not entirely, get their head stomped, be arrested, likely charged and convicted of a felony, never be employable in the medical industry again, lose the rigjt to vote, lose the right to own firearms, lose everything financially, and likely do at least 90 days in jail!
... All to say F*** off to the "other cops"
Yes, what cowards....
GMAFB GROW UP GET A CLUE and until you do all that.... FOR THE LOVE OF GOD STFU!!!
Seriously, all you guys acting big bad and tough in here where there's no consequences very likely to in one instant completely erase everything they've worked for their entire lives!...
Payne lost his temper when Wubbels wouldn’t comply with his demand to take a blood sample from an unconscious patient who had been the victim of an explosive car accident that occurred at the end of a high-speed police pursuit of another man.