No refusal weekend!!! HAVE A DD

[Big A]

Ok, so should it be ok for a city say that June is "No Refusal" Month for property search warrants? Basically the whole month of June, any cop wanting to do a property search has a magic, instant warrant at their disposal?

With justified probable cause, yes. We aren't talking about random checkpoints where they pull every third person out of the driver's seat and pull blood.

[Unicorn Jeff]

With justified probable cause, yes. We aren't talking about random checkpoints where they pull every third person out of the driver's seat and pull blood.

Have they ever done checkpoints in the DFW metroplex?

[talisman]

The one time that I was in a position to blow, I didn't refuse. Not because I was ignorant of the law, but as far as I was concerned, a fuck up is a fuck up. I was fully prepared to take the punishment given, because I had broken the law. Anyone refusing is simply trying to manipulate the system to get away with breaking the law, and creating a very unsafe situation.

I've stopped feeling bad about manipulating any system that gives me an advantage in life. The people running this show don't give a fuck about our rights, or this country, so why should I have an ethical problem using their own system against them?

[Silverback]

With justified probable cause, yes. We aren't talking about random checkpoints where they pull every third person out of the driver's seat and pull blood.

Actually the no refusal weekend was started with random checkpoints, but now that more cities have adopted the idea, every officer can take them in.

I do have a question for the cops, since we have several in different cities.

What's the procedure for the no refusal weekend? Is there a special facility with a nurse on site to take the blood? Is the area sanatized to ensure non contamination? Or are the suspects taken to a hospital to have their blood drawn?

And some other questions.... What about if a suspect refuses, has his blood drawn, and comes back under the legal limit? Do they just get let go? Do they have the right to sue the state because an officer made the wrong call in issuing the warrant?

[ALLAN]

Just following orders.

[talisman]

And some other questions.... What about if a suspect refuses, has his blood drawn, and comes back under the legal limit? Do they just get let go? Do they have the right to sue the state because an officer made the wrong call in issuing the warrant?

Well, I'd think the beauty of it, is that you can pretty much sue anyone for anything. Much like police officers can pretty much arrest you for nearly anything, if they decide you've got a bad attitude. Because in those situations with those type of officers, it isn't about protecting, it's about one upmanship and showing who is in charge.

[Silverback]

But what exactly could he sue for? On a no refusal weekend, the officer tells the judge he thinks the suspect is drunk, and he gets a warrant.

wrongful arrest? violation or rights? wasting his time? illegal issuance of a warrant?

Because it sounds like there isn't much he can do

Oh yeah, and does he get his license suspended for 180 days for the refusal, even though after his blood was drawn he wasn't legally drunk?

[Big A]

I've stopped feeling bad about manipulating any system that gives me an advantage in life. The people running this show don't give a fuck about our rights, or this country, so why should I have an ethical problem using their own system against them?

It is simply all about ethics. If I were OJ, I would fully expect to spend the rest of my life in jail, and rightfully so. Those same ethics keep me from killing a person, much less my wife. Personal responsibility is what this country is lacking, big time. I've been shown enough leniency (sp) in the past to belive that "those running the show" aren't necessarily out to screw everyone that they possibly can over.

If you get caught driving drunk, man up and accept the fact that you were fucking up.

[talisman]

It is simply all about ethics. If I were OJ, I would fully expect to spend the rest of my life in jail, and rightfully so. Those same ethics keep me from killing a person, much less my wife. Personal responsibility is what this country is lacking, big time. I've been shown enough leniency (sp) in the past to belive that "those running the show" aren't necessarily out to screw everyone that they possibly can over.

If you get caught driving drunk, man up and accept the fact that you were fucking up.

The laws we are talking about are designed to deny us the ability to have personal responsibility, because they are violating our rights to their utilitarianistic ends. What then? You can't act ethically in an unethical system.

Well, you can, but be prepared to get a severe mouth raping out of the bargain. I guess you can always say "I did the right thing." Personally, I wouldn't feel too great about doing the right thing if it meant grabbing my ankles for no other reason than someone says "because I told you so."

[Osiris]

This is a good thread.

[talisman]

Fucking consequentialists.

[Broncojohnny]

It's the automatically issuing a warrant for your blood for ANYONE that refuses, that's pushing the limits of violating your rights.

You can't even issue a blood warrant without a defense attorney's representation in a murder trial.

Well that is just crazy talk. It reminds me of a federal judge in a case I read about recently, the name of which I forget, where the FBI had got a warrant and found nothing. Come to find out, this piece of shit judge had never refused a request for a warrant from the FBI.

I'm sure that never happens around here though, you can trust the cops in say, Pantego or Dalworthington Gardens. Those guys only want to "protect my family".

[Tannerm]

Actually the no refusal weekend was started with random checkpoints, but now that more cities have adopted the idea, every officer can take them in.

I do have a question for the cops, since we have several in different cities.

What's the procedure for the no refusal weekend? Is there a special facility with a nurse on site to take the blood? Is the area sanatized to ensure non contamination? Or are the suspects taken to a hospital to have their blood drawn?

And some other questions.... What about if a suspect refuses, has his blood drawn, and comes back under the legal limit? Do they just get let go? Do they have the right to sue the state because an officer made the wrong call in issuing the warrant?

Sorry if already answered, but some areas might be different then others. In my area, one PD has a magistrate and nurse on site. You take ur arrestee to ur PD, do the Intox interview, request a specimen of breath. If he give, then no need for getting blood. If he refuses then I seat him in a holding cell and write up my warrant. Then I take him/her to the designated PD's jail and give warrant to judge. If he approves, he signs and I then take em to the nurse. Stab stab, then back to my PD for booking.

[347Mike]

I am so glad I don't go out every other night getting plastered anymore..

[kingjason]

Because Miranda applies only to custodial interrogations, it does not protect detainees from standard booking questions such as name and address. Because it is a protective measure intended to safeguard the Fifth Amendment privilege against self-incrimination, it does not prevent the police from taking blood without a warrant from persons suspected of driving under the influence of alcohol. (Such evidence may be self-incriminatory, but are not considered statements of self-incrimination.)