Cops Taking Blood by Force?

Posted by Lawrence Taylor on November 11th, 2006

I’ve received a lot of responses to my post yesterday ("The War on Drunk Driving Continues"), most expressing disbelief that forceful drawing of blood by a cop was legal in this country. This reenforces my view that folks here don’t realize what’s really happening in this so-called "War on Drunk Driving" (see "The DUI Exception to the Constitution").

Months ago, I posted on the recent and growing practice of spread-eagling DUI suspects on the hoods of their cars while one cop jams in a needle ("Would You Want a Cop Taking Blood from You?"). I followed this up with "Forceful Draws by Cops: Constitutional?". And you might want to read the old pre-Rehnquist Supreme Court’s position on this type of thing in my post "Taking Blood by Force", which was that a DUI blood draw was a "search" within the meaning of the Fourth Amendment and that it must be done under "humane and medically acceptable" circumstances. Not any more.

Wake up, folks….

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