2005-01-18

Forced blood tests allowed to stand

http://www.cnn.com/2005/LAW/01/18/scotus.drinking.tests.ap/index.html It's so nice to know we are not in control of our own bodily fluids. Cop wants your blood? You're gonna bleed, baby. Whether you like it or not. I love how zealous everyone is over prosecuting drunk drivers. If every american had their blood forcibly extracted from them, we'd see some major backlash, but since this is for drunk drivers, everyone will complacently look the other way. The thing is, in America, you are innocent until proven guilty, and you are supposed to need a warrant for searches! And how this doesn't violate the spirit of the 4th Amendment amazes me. My blood can testify against me far better than my mouth! But because my blood doesn't literally put its hand on a bible and swear itself in at court, it's not really considered testimony, so it's not really considered forced self-testimony. Now our blood is "evidence". What will be evidence next, our brains and hearts? Will they forcibly extract our lungs to see if we've been smoking crack? After all, crack-laced lungs would be valid evidence. I'm all for punishing drunk drivers who abuse their position as a driver. Unfortunately though, specific quantitative measures like BAC do not uniformly apply across the board. There are people who drive better drunk than certain people drive sober. I've chosen a drunk driver over a sober driver in situations where I know the drunk driver is still going to perform better. (A drunk-but-sane driver is generally safer than a sober-asshole-driver.) I'm not defending them here, but the idea is that police need to test your blood THAT VERY SECOND, before the measured BAC level goes down. Now, either a crime was comitted or it was not. If no real crime was comitted, they can give them a DUI, but only if it measures over the threshold. This attempt to bypass warrants and get results sooner is an attempt to make everyone's measurements higher (due to eliminating the delay). It is actually a de-facto way of lowering the legal BAC level without actually doing so. Those crazy "activist legislators"... Always willing to take away OUR freedoms if it helps THEIR numbers.

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