Archive for September 28th, 2005

Forced Blood Draws Justified

Wednesday, September 28th, 2005

I’ve commented in recent posts about the spreading practice of cops forcefully jamming syringes into DUI suspects on the sides of our highways.  Now consider a devious legal maneuver to justify the practice in the following news story:

DUI Suspect Appeals Police Use Of Forced Blood Test

PALM BAY, Fla. Sept 23 – A man accused of driving drunk in Brevard County is appealing police use of a forced blood test. Tony Isley refused a breathalyzer test during a traffic stop in Palm Bay. So police got a search warrant on the spot to take a sample of his blood.

Currently, the only forced blood tests happen when there’s a crash with injuries. Prosecutors said there was nothing in current law that would not allow forced blood tests, even if officers had to restrain the suspect. "The alcohol is actually the property being used to commit the DUI," said prosecutor Samantha Barrett.

If the appeals court upholds the method, it could be used all over Florida. Currently Indiana, Missouri and Texas use it, and the method has withstood appeals.

For those of you who think it’s devious DUI defense lawyers who think up the "technicalities" and "loopholes", how about a search warrant to seize blood as "property" used to commit a crime?  And what kind of rubber-stamp "search warrant" is issued by radio or phone in minutes to any cop on a highway who wants one?

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