Title: Police Celebrate 4th Of July With Nationwide No Refusal Checkpoints and Forced Blood Draws Source:
Free Thought Project URL Source:http://thefreethoughtproject.com/po ... ationwide-refusal-checkpoints/ Published:Jul 4, 2015 Author:John Vibes Post Date:2015-07-04 10:46:33 by Deckard Keywords:None Views:68568 Comments:141
Happy 4th of July, the day where Americans celebrate imaginary freedom, and police departments nationwide make millions of dollars violating the rights of nonviolent individuals.
Under the pretense of catching drunk drivers, police will be patrolling the streets and setting up checkpoints all over the country this weekend. In some cases they will arrest drunk drivers, in others they will search and arrest nonviolent drug offenders, while other people may get citations for problems with their vehicle or registration.
Especially for people who havent even done anything wrong, these checkpoints are a gross violation of privacy and other natural born rights. Free people should not be stopped and searched or questioned in any way if they are attempting to travel freely. However, we sadly now live in a world where rights like traveling are seen as privileges, to be given and taken by government.
As it stands right now, the way that the state deals with drunk driving is tyrannical and infringes upon everyones rights, even people like myself, who hardly ever drink. Economist Jeffrey Tucker wrote an article on this subject and discussed the problems with the status quo while offering some solutions as well.
Laws against drunk driving have vastly expanded police power and done nothing to stop the practice. The best prevention against unsafe driving from drinking has been provided privately: friends, services offered by bars and restaurants, community interest groups, etc. This is the humane and rational way societies deal with social risks. The police have only messed up this process by adding a coercive element that targets liberty rather than crime.
And we can see where this is heading. Texting is now illegal in most places. So is talking on the phone. Maybe talking itself should be illegal. Some communities are talking about banning eating. All of this is a distraction from the real issue.
If our ultimate goals are to reduce driver impairment and maximize highway safety, we should be punishing reckless driving. It shouldnt matter if its caused by alcohol, sleep deprivation, prescription medication, text messaging, or road rage. If lawmakers want to stick it to dangerous drivers who threaten everyone else on the road, they can dial up the civil and criminal liability for reckless driving, especially in cases that result in injury or property damage.
Doing away with the specific charge of drunk driving sounds radical at first blush, but it would put the focus back on impairment, where it belongs. It might repair some of the civil-liberties damage done by the invasive powers the government says it needs to catch and convict drunk drivers. If the offense were reckless driving rather than drunk driving, for example, repeated swerving over the median line would be enough to justify the charge. There would be no need for a cop to jam a needle in your arm alongside a busy highway.
Scrapping the DWI offense in favor of better enforcement of reckless driving laws would also bring some logical consistency to our laws, which treat a driver with a BAC of 0.08 much more harshly than, say, a driver distracted by his kids or a cell phone call, despite similar levels of impairment. The punishable act should be violating road rules or causing an accident, not the factors that led to those offenses. Singling out alcohol impairment for extra punishment isnt about making the roads safer. Its about a lingering hostility toward demon rum.
There is no doubt that drunk driving should be discouraged and that solutions to prevent people from driving drunk should be explored. However, it is entirely possible to do this without violating anyones rights in the process.
Meanwhile, in police state USA, it is business as usual.
John Vibes is an author, researcher and investigative journalist who takes a special interest in the counter culture and the drug war. In addition to his writing and activist work he organizes a number of large events including the Free Your Mind Conference, which features top caliber speakers and whistle-blowers from all over the world. You can contact him and stay connected to his work at his Facebook page. You can find his 65 chapter Book entitled Alchemy of the Timeless Renaissance at bookpatch.com.
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Most states (if not all) require a vehicular fatality or an injury that most likely will result in a fatality to "force" a blood draw... and before the person is held down and a needle is "forced" in his arm, a WARRANT is signed by a judge.
SCOTUS ruled a couple years back that police can't force DUI suspect to give a blood sample unless that have a search warrant. Forced blood draws can only be done in felony DUI cases with a search warrant. Forced blood draws are done in only a very small number of cases.
Meanwhile, in police state USA, it is business as usual.
Meanwhile, in the USA, there is no news in any media source that confirms a 4th Of July Nationwide No Refusal Checkpoints and Forced Blood Draws.
Only thing in the news are the routine checkpoints conducted each 4th of July. The locations and times of those are published in the local media .always have been.
But wait, Deckard .you say we are supposed to believe a concocted story by this guy:
Only thing in the news are the routine checkpoints conducted each 4th of July. The locations and times of those are published in the local media .always have been.
How terrible... a police state where the police tell you IN ADVANCE where they will have a check point. lol
I'm the infidel... Allah warned you about. كافر المسلح
How terrible... a police state where the police tell you IN ADVANCE where they will have a check point. lol
That can't be squared with this
The right of the people to be secure in their persons, houses, papers, and effects,[a] 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
Maybe you honestly think that is the right thing to do. But you can' honestly say it squares with the requirements laid out in the constitution.
To Rand Pauls credit I believe he would disagree with you.
Maybe you honestly think that is the right thing to do. But you can' honestly say it squares with the requirements laid out in the constitution.
To Rand Pauls credit I believe he would disagree with you.
I don't believe stopping for 3 seconds on a public funded roadway and then driving though is unreasonable. They are only stopped longer and more intrusive if there is PC they are committing a crime.
I won't agree with everything Rand stands for. I won't agree on everything any candidate stands for unless I run.
I pick the lessor of how many evils that run. That's what we've done since the 2nd election. We pick the best of the lot... not the perfect. Problem is, sheeple don't pick best anymore. They choose because the color of their skin, if they have tits and special interests reasons.
I'm the infidel... Allah warned you about. كافر المسلح
#32. To: Gatlin, organized, routine scheduled crime, OK? (#28)
Only thing in the news are the routine checkpoints conducted each 4th of July.
Routine crime is no more legal than spontaneous crime. "Checkpoints" are a 4th amendment violation. Crimes by government officials are no less of a crime either.
You've achieved independence from the rule of law. Enjoy your 4th of July crime spree!
“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”
Sobriety checkpoints or roadblocks involve law enforcement officials stopping every vehicle (or more typically, every nth vehicle) on a public roadway and investigating the possibility that the driver might be too impaired to drive. They are often set up late at night or in the very early morning hours and on weekends, at which time the proportion of impaired drivers tends to be the highest. Checkpoints are also often set near the exit points of public events, to prevent large numbers of drunk drivers from being released into traffic simultaneously from the event.
With a portable and quick alcohol breath test, the police can test all drivers (if the law permits), and process the cars one by one as in a conveyor belt. When there is no quick test, a more complicated routine is necessary. Upon suspicion, the stopped driver is required to exit the vehicle and take a roadside sobriety test that requires the demonstration of both mental and balance skills. If the officer determines based on his observations during the tests, the driver is then required to take an alcohol breath test (referred to as a Breathalyzer test in the United States). It is important to note that you can not pass or fail a field sobriety test as they are not "pass-or-fail", they are only meant to aid the officer in determining if you are impaired based on observations of the subjects performance of these tests. Being subjected to perform this test is not prohibited by the fourth amendment of the United States Constitution if the law enforcement entity posts or announces in advance that these checkpoints will occur and at what location; law enforcement agencies often post a sign in a small road or street during the weekdays when it is only seen by local residents and not by those attending a special event or those that only travel in that area of the city during the weekend to patronize local bars and clubs. These announcements are also sometimes printed in news papers. Numerous websites host a database of check points that are to occur based on information found in news papers, the internet and tips from visitors of such sites. There are also some smartphone apps that include a function to report sobriety checkpoints, show them on a map and use the device's GPS to alert the driver when a sobriety checkpoint is nearby.
Sobriety checkpoints regularly catch much more than just drunk drivers. [citation needed] The identity checks will catch individuals wanted by the police, and DUI often occurs together with other crimes, such as vehicle inspection and registration violations, vehicle tax avoidance or driving without a license.
Whether we like it or not, we cannot make that decision, only SCOTUS can. The Supreme Court has determined that DUI checkpoints do not constitute an unreasonable search and seizure. I would really like to know where in the constitution the Supreme Court gets these powers. Could you quote it for me? Please? I'll marry a fag if you can find it for me in the constitution. Ok I won't marry a fag but you can't because it isn't there.
I never said it was in the Constitution, I said: Whether we like it or not, we cannot make that decision, only SCOTUS can (decide if checkpoints are illegal).
Now, my turn. If SCOTUS doesnt decide .then who does?
Holding Police may not conduct roadblocks "whose primary purpose is to detect evidence of ordinary criminal wrongdoing." Such roadblocks must have a specific primary purpose, such as keeping roadways safe from impaired drivers, or enforcing border security.
President Adams famously said "Mr Marshall has made his decision, now let him enforce it" regarding the Dept of Interior requiring Preachers to obtain a permit to evangelize on Indian reservations. None were ever busted for preaching to Indians without buying a permit, the SCOTUS decision was just ignored.
The supremes gave themselves the power to determine constitutionality of legislation in Marbury v Madison. The SCOTUS was supposed to be for disputes between the States.
It is the Supreme Courts ruling that is final on the matter.
Supreme court OPINIONS are NOT final. They've overruled themselves before, and presidents have also openly defied and refused to enforce their rulings.
The supremes have zero enforcement powers for their edicts.
Marshall lived another nine years, during which time he won over Jefferson's political successor, the states' rights partisan Andrew Jackson. Marshall had initially opposed Jackson's election to the presidency, and in the Cherokee Indians case, Worcester v. Georgia (1832), Marshall infuriated Jackson by insisting that Georgia laws that purported to seize Cherokee lands on which gold had been found violated federal treaties. Jackson is famous for having responded: "John Marshall has made his decision, now let him enforce it." Although the comment is probably apocryphal, both Georgia and Jackson simply ignored the decision.
If SCOTUS doesnt decide .then who does? The constitution and a dictionary. I know it would require honest people. So all liberals would be disqualified.
So under your concept, a cop and a perp will argue it out at the DUI check point. Is that what you are saying? I hope not, because we know who will always win that argument.
All a president needs is a pen and an Obama phone, eh?
It's the local lawless thug cop who delivers tyranny to your door. Pens and phones are inanimate objects. They could never throw a flashbang into a babies crib, or shoot a 4 year old out of fear for "officer safety".
Ogongo's goons on the local PD perform those type of functions.
The People of Athens Tennessee clean up their corrupt police department and government
Many of the protesters broke in to the National Guard Armory and obtained arms. A gun battle lasting several hours ensued and finally the door to the jail was dynamited and breached. The deputies surrendered themselves and the ballot boxes.
both Georgia and Jackson simply ignored the decision.
Ooops, brain fart.
That's the important part. SCOTUS rulings are not necessarily "the law".
The three branches of government are not supposed to rubber stamp each others actions. Unfortunately there is almost no disagreement between the branches these days. A sure sign of a corrupted system.
It's a good 'ol boys 'n girls club, where everyone looks the other way as America dies. It pays well though.
Court opinions are considered final when there is no further possibility of judicial proceedings upon the case in the issuing court unless it is reversed or set aside by a higher court. SCOTUS opinions cannot be appealed to a higher court. They are considered final.
The holding can always be overturned by a ruling in a subsequent case or by a change in the law it relied upon.
That does not change the final opinion in a prior case, but changes the court's interpretation of a legal point, and sets a new precedent. The 13th Amendment did not change the final opinion in Dred Scott but changed the law, invalidating Scott as binding precedent based upon a law that no longer exists.
The SCOTUS opinion is final, but the legal issue may be revisited and a new opinion may set a new precedent. The opinion is final but the holding may be challenged in subsequent cases.