More attacks on the Constitution (4th Amendment next on the chopping block)

More attacks on the Constitution (4th Amendment next on the chopping block)

This is a discussion on More attacks on the Constitution (4th Amendment next on the chopping block) within the Off Topic & Humor Discussion forums, part of the The Back Porch category; Supreme Court to decide whether police can take your blood without your permission - U.S. News This is what happens when those embracing the "nanny ...

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Thread: More attacks on the Constitution (4th Amendment next on the chopping block)

  1. #1
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    More attacks on the Constitution (4th Amendment next on the chopping block)

    Supreme Court to decide whether police can take your blood without your permission - U.S. News

    This is what happens when those embracing the "nanny state" will trade away freedom for the illusion of security. MSM seems to understand the gravity of this infringement on the 4th. Why is it so easy for media to dismiss 2A supporters as "gun nuts" and not call 4A supporters "body, life, property, and DNA extremists"?
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    Senior Member Array Tzadik's Avatar
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    The 4th ,2nd,1st and 10th have been under attack for decades. So have the 1st, 2nd, 3rd, 4th Articles. : (

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    The 3rd Amendment is the only one of the first ten that hasn't been degraded
    “You can sway a thousand men by appealing to their prejudices quicker than you can convince one man by logic.”

    ― Robert A. Heinlein,

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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by From the article
    "It comes down, basically, to are you going to see blood draws every single time someone gets pulled over for a DUI," said Michael A. Correll, a litigator with the international law firm Alston & Bird ...
    Depends on the details of the case and the ruling.

    Looking at the wording of the 4A:

    Fourth Amendment of the Constitution:

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
    ... it's not a stretch to accept that someone clearly caught drunk/influenced while driving/crashing provides hard to ignore reasonableness to search.

    Trouble is, doing so against a person's will runs smack into the 5A's protections against self-incrimination.

    Seems to me that reasonableness absolutely ends when a search becomes bodily invasive and against one's desire to avoid self-incrimination.

    But then, DNA's already used to tie folks to crimes. While I don't have results of studies of the many such crime investigations at my fingertips, I'm betting the logic of reasonableness in those cases would be much the same as with DUI's.

    I have a hard time seeing the SCOTUS claiming it's an unreasonable search, particularly given the slope we're already on.
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    Member Array Clodbert's Avatar
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    So I assume that state troopers and local law enforcement would have to be trained on how to draw blood, even from people who are physically resisting or severely inebriated. Yeah, that sounds like a great idea.

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    Plus there could be something in the obamacare laws that has something to do with it.

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