The prospect of cops forcibly jabbing a needle into your arm and taking a blood sample on the side of a highway in suspected DWI cases is perhaps the most egregious portend of police state America in history, but one Texas lawyer has taken a stand to denounce the program as completely illegal.
Law enforcement programs in Texas, Ohio and other areas have trained cops to pull suspected drunk drivers over and forcibly extract blood, even against their will, a form of legalized police brutality that outstrips anything in Soviet Russia or Communist China.
A cadre of jackbooted vampires are set to be out in force this holiday weekend in search of your blood. Citing the fact that the 4th amendment protects against “unreasonable searches and seizures” matters not to these thugs, who will hold you down if need be while sinking a needle into your arm in another case of “guilty until proven innocent”.
Dallas lawyer Avery McDaniel told CBS 11 News, “If an officer believes that you’re intoxicated and you refuse, they will get a search warrant and they will physically hold you down and take your blood.”
“What if someone is diabetic, or if the person’s on blood thinners,” McDaniel asks. “They’re not prepared or trained if something goes wrong.”
“McDaniel represents a client who was stopped by police in December 2005 and had blood taken from her forcibly, leaving bruises along her arm. He is asking the judge to throw out the blood evidence that he says was obtained illegally,” reports Raw Story.
An Arizona lawfirm that specializes in DWI cases explains on their website why the 20 hours training that officers receive to carry out such a procedure is not sufficient: “Up until a few years ago, when officers opted for a blood test, they would transport the DUI suspect to a hospital or other similar type medical facility where trained medical personnel would draw blood in a clinical setting. … The vast majority of the police officers calling themselves phlebotomists are not graduates of a full phlebotomy program and certainly cannot be considered medical personnel. … While these police ‘phlebotomists’ are performing an invasive medical procedure, their first concern is not for the safety of the blood draw subject, but gathering evidence.”
McDaniel’s point about cops performing an invasive medical procedure on the side of a highway being a completely unsafe environment is correct, but the main outrage here is the fact that this program is flagrantly unconstitutional and downright un-American.
Attacking the program on the foundation that the cops aren’t trained properly to carry out the procedure may be an alternative avenue through which to shoot it down, but officials could easily beef the training program and claim the contention has been resolved.
The central core of opposition to this nightmare should be that the program is completely anathema to any notion of a free society, due process and the right to be treated as innocent until proven guilty.
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