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North Texas Drivers Stopped at Roadblock Asked for Saliva, Blood

D

dmcowen674

No Lifer
11-20-2013

http://www.nbcdfw.com/news/local/No...adblock-Asked-for-Saliva-Blood-232438621.html

North Texas Drivers Stopped at Roadblock Asked for Saliva, Blood



Some drivers along a busy Fort Worth street on Friday were stopped at a police roadblock and directed into a parking lot, where they were asked by federal contractors for samples of their breath, saliva and even blood.


"It just doesn't seem right that you can be forced off the road when you're not doing anything wrong," said Kim Cope, who said she was on her lunch break when she was forced to pull over at the roadblock on Beach Street in North Fort Worth.


"I gestured to the guy in front that I just wanted to go straight, but he wouldn't let me and forced me into a parking spot," she said.


A Fort Worth attorney who is an expert in civil liberties law questioned whether such stops are constitutional.


"You can't just be pulled over randomly or for no reason," said attorney Frank Colosi.


He also noted the fine print on a form given to drivers informs them their breath was tested by "passive alcohol sensor readings before the consent process has been completed."


"They're essentially lying to you when they say it's completely voluntary, because they're testing you at that moment," Colosi said.

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Update:

Now they are doing this in Pennsylvania

12-18-2013

http://science.slashdot.org/story/1...utm_source=rss1.0mainlinkanon&utm_medium=feed

"Pennsylvania police this week were pulling people to the side of the road, quizzing them on their driving habits, and asking if they'd like to provide a cheek swap or a blood sample — the latest in a federally contracted operation that's touted as making roads safer.

The same operation took place last month at a community in Texas. Then, drivers were randomly told to pull off the road into a parking lot, where white-coated researchers asked if they'd like to provide DNA samples for a project that determines what percentage of drivers are operating under the influence of drugs or alcohol at given times.

With uniformed police in the background, the researchers also offered the motorists money — up to $50 or so — for the blood or saliva samples."
 
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Where are the Texans?

They should be posting about all this stuff coming out of Texas lately that is all very Unconstitutional.

I thought Texans valued the Constitution?
 
It's a survey. People are paid in exchange for their information. They were free to leave at any time.
 
I don't think I can describe how hard I would laugh at a cop who pulled me over and asked for a blood sample.
 
Hmm, $10 for saliva and $50 for a blood sample, yeah, I am just going to jump at that opportunity. I would probably end up spending the night in jail over the words I would have offered to the sample takers, and quickly followed by the words I would have given to the officers who intervened. I wouldn't regret it either, as long as I wasn't forced to give them a saliva/blood sample.
That being said, I would love to see some video footage of how this testing was being done, just to get a feel for how "voluntary" it actually was.
 
Make only two statements:

Am I being detained?
Am I free to leave?

Repeat for every statement, question, an demand they make.
 
dmcowen674 said:
11-20-2013


"I gestured to the guy in front that I just wanted to go straight, but he wouldn't let me and forced me into a parking spot," she said.


A Fort Worth attorney who is an expert in civil liberties law questioned whether such stops are constitutional. .
Click to expand...

"expert in civil liberties "
He should know then that the supreme court already rules that DWI checkpoints are constitutional.
 
kage69 said:
I don't think I can describe how hard I would laugh at a cop who pulled me over and asked for a blood sample.
Click to expand...

You may already know but in some places of the US if you refuse a breathalyzer they can take you (the suspected malfunctioning cattle) into the ER (vet) for a forced by strap down blood test. In that instance I'm sure you'll realize two things. You are owned by the state and it's not funny at all.
 
NoStateofMind said:
You may already know but in some places of the US if you refuse a breathalyzer they can take you (the suspected malfunctioning cattle) into the ER (vet) for a forced by strap down blood test. In that instance I'm sure you'll realize two things. You are owned by the state and it's not funny at all.
Click to expand...

If they can get away with this:

http://news.yahoo.com/police-turn-routine-traffic-stops-into-cavity-searches-201433510.html

they can definitely get away with a little needle stick.

Folks...Dave's story is about Tex-ass. The US Constitution does not apply there. It's it's own republic...NOT a US state.
 
BoomerD said:
If they can get away with this:

http://news.yahoo.com/police-turn-routine-traffic-stops-into-cavity-searches-201433510.html

they can definitely get away with a little needle stick.

Folks...Dave's story is about Tex-ass. The US Constitution does not apply there. It's it's own republic...NOT a US state.
Click to expand...

Texas was actually the birthplace of the forced blood draw. A little city called Dalworthington Gardens started getting all their cops (and they have a ton per capita) certified to draw blood, then just started doing it after a phone call to a judge. Before long, other nearby cities started hiring Dalworthington Garden's off duty cops to ride along with their cops to do the same. Before you know, other departments are getting their officers certified, and it went nationwide.

You're welcome, America, for our Texan ideas keeping drunks off the road. :thumbsup:
 
In Texas DUI roadblocks are not allowed.

http://www.ghsa.org/html/stateinfo/laws/checkpoint_laws.html

Illegal under Texas' interpretation of federal Constitution
Click to expand...
Hmmmmmmm Coercion by the Feds and not Texas?????

Some drivers along a busy Fort Worth street on Friday were stopped at a police roadblock and directed into a parking lot, where they were asked by federal contractors for samples of their breath, saliva and even blood.

It was part of a government research study aimed at determining the number of drunken or drug-impaired drivers.

"It just doesn't seem right that you can be forced off the road when you're not doing anything wrong," said Kim Cope, who said she was on her lunch break when she was forced to pull over at the roadblock on Beach Street in North Fort Worth.

The National Highway Traffic Safety Administration, which is spending $7.9 million on the survey over three years, said participation was "100 percent voluntary" and anonymous.
Click to expand...
As for forced blood samples in Texas, there must be two things that happen prior before this can be done 1) probable cause & 2) Refuse breathalizer test. When you get your drivers license you agree to providing such as a privilege to drive in the state. Many other states have the same requirements in their driving laws.
 
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Londo_Jowo said:
In Texas DUI roadblocks are not allowed.

http://www.ghsa.org/html/stateinfo/laws/checkpoint_laws.html

Hmmmmmmm Coercion by the Feds and not Texas?????

As for forced blood samples in Texas, there must be two things that happen prior to this can be done 1) probable cause & 2) Refuse breathalizer test. When you get your drivers license you agree to providing such as a privilege to drive in the state. Many other states have the same requirements in their driving laws.
Click to expand...

What about out of state drivers? Is this just a Texas thing? I got my license 15 years ago, not in Texas...I don't remember anything of that fine print stuff from my state. Just curious here, if I ever venture into Texas.
 
ch33zw1z said:
What about out of state drivers? Is this just a Texas thing? I got my license 15 years ago, not in Texas...I don't remember anything of that fine print stuff from my state. Just curious here, if I ever venture into Texas.
Click to expand...

Doesn't matter. You consent to Texas' implied consent law by driving in the state of Texas, even if its with an out of state drivers license.

Every state has implied consent regarding driving and refusing to submit to DUI testing during a lawful stop.

What varies is what the cops can do. Some states, like someone else said, their implied consent statute allows blood testing without a judicial order. Others(like Texas) still require a search warrant. However every state will suspend your license for refusing to comply with a lawful dui test.

Since dui checkpoints are illegal under Texas' interpretation of the constitution, Texas passed a no refusal law in 1995 and it is now being selectively used with so called "no refusal" weekends(typically holiday weekends) where you are blood tested on scene if you refuse a breath test. This is all done with lawfully obtained search warrants. You get pulled over, you refuse DUI test, the officer calls up the on-call judge, who then immediately issues the search warrant, an on call EMT shows up and pops a needle in your arm and takes your blood.
 
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Nebor said:
Texas was actually the birthplace of the forced blood draw. A little city called Dalworthington Gardens started getting all their cops (and they have a ton per capita) certified to draw blood, then just started doing it after a phone call to a judge. Before long, other nearby cities started hiring Dalworthington Garden's off duty cops to ride along with their cops to do the same. Before you know, other departments are getting their officers certified, and it went nationwide.

You're welcome, America, for our Texan ideas keeping drunks off the road. :thumbsup:
Click to expand...

Some use EMTs, especially when it is a state wide thing. July 4th weekend in 2011 was a statewide non refusal weekend in Texas.

Technically the police have had the authority to force a blood draw by search warrant since 1995.
 
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kage69 said:
I don't think I can describe how hard I would laugh at a cop who pulled me over and asked for a blood sample.
Click to expand...

You really think you could get away with laughing at them without a beatdown? Way to gamble with your life and health.
 
Wreckem said:
Doesn't matter. You consent to Texas' implied consent law by driving in the state of Texas, even if its with an out of state drivers license.

Every state has implied consent regarding driving and refusing to submit to DUI testing during a lawful stop.

What varies is what the cops can do. Some states, like someone else said, their implied consent statute allows blood testing without a judicial order. Others(like Texas) still require a search warrant. However every state will suspend your license for refusing to comply with a lawful dui test.

Since dui checkpoints are illegal under Texas' interpretation of the constitution, Texas passed a no refusal law in 1995 and it is now being selectively used with so called "no refusal" weekends(typically holiday weekends) where you are blood tested on scene if you refuse a breath test. This is all done with lawfully obtained search warrants. You get pulled over, you refuse DUI test, the officer calls up the on-call judge, who then immediately issues the search warrant, an on call EMT shows up and pops a needle in your arm and takes your blood.
Click to expand...

Fair enough.

In this article's case, it wasn't Texas calling the shots...but may have involved off duty local law enforcement officers.

How valid do you believe Ms. Cope's recount is?

Do you feel random road stops for a pay-by-answer DUI survey is really going to yield accurate results?

this seems to me like a big ol' phishing expedition.
 
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