Archive for December 23rd, 2013

Roadblocks Forcing Drivers to Submit to Cheek Swabbing

Monday, December 23rd, 2013

I've posted in the past about the unconstitutionality of DUI roadblocks (or, to use law enforcement's less offensive term, "sobriety checkpoints").  See, for example,  Are DUI Roadblocks Constitutional?.

In upholding these checkpoints a few years ago, Chief Justice of the U.S. Supreme Court William Rehnquist admitted that the stops and detentions are inherently a violation of a citizen's Fourth Amendment rights — but felt that these "minor intrusions" were outweighed by larger governmental interests.  However, he made clear that this exception to the Constitution was limited to drunk driving (and immigration) investigations:  checkpoints could not be used for other purposes.

I've commented that this "exception" would, like most limitations on freedoms, inevitably be expanded into other areas — eventually eating up the constitutional right altogether.  Soon after the decision was rendered, for example, it was used by police agencies to search cars for drugs.  See DUI Roadblocks: The Slippery Slope and Law Proposed to Regulate Police Abuse of DUI Roadblocks.

The most recent example of this inevitable whittling away of our constitutional right:


Pennsylvania Town Latest to Force Drivers Over and Ask for Cheek Swabs for Federal Study

Reading, PA.  Dec. 18 — Drivers in a southeastern Pennsylvania town were forced off a local street and into a parking lot, so a federal contractor – aided by local police –could quiz them about their road habits and ask for a cheek swab, in a replay of an incident last month in Texas.

The checkpoint, in downtown Reading, was one of several conducted by the Pacific Institute for Research and Evaluation, which was hired by the National Highway Traffic Safety Administration and the White House Office of National Drug Control Policy. Although the questioning and cheek swab were voluntary, local residents said they were directed by police to pull over, and that the questioning was persistent, according to the Reading Eagle.

"I feel this incident is a gross abuse of power on many levels," Reading resident Ricardo Nieves told City Council Monday, three days after being stopped.

Last month, the police chief in Fort Worth, Texas, apologized after allowing his officers to take part in a similar federal survey in which random drivers were pulled over and asked to submit breath, saliva and even blood samples. The drivers were also asked to pull into a parking lot, where they could give a cheek swab and volunteer for a blood or breath test, according to the Fort Worth Star-Telegram. Those who agreed were paid $10 to $50. Those who declined were briefly interviewed and allowed to leave.

"We realize this survey caused many of our citizens frustration and we apologize for our participation," Fort Worth Police Chief Jeffrey Halstead said.

Reading Police Chief William Heim told the Reading Eagle the federal agencies are trying to see what can be done about crashes and injuries, and the swabs were not to get DNA samples but to test for the presence of prescription drugs. He said police were there for site security only and did not pull drivers over or ask questions.

"In the grand scheme of things, I think it's a pretty innocuous and minor issue," Heim said…

"A car driver or passenger cannot be required or pressured into providing a DNA sample and, in fact, can't be stopped at all except on suspicion of a crime or for a properly conducted sobriety checkpoint," Mary Catherine Roper, senior staff attorney for the ACLU of Pennsylvania, told the Reading Eagle…


Police Chief Halstead pretty much summed up the attitude of big government:  These illegal stops and detentions are "a pretty innocuous and minor issue". 
 

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