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Warrantless blood test can be used in DWI case in which student was killed
submitted 4 years ago by dcjogger from nj.com
[–][deleted] 3 insightful - 1 fun3 insightful - 0 fun4 insightful - 0 fun4 insightful - 1 fun - 4 years ago (0 children)
sounds like bs, clearly he is guilty but I would rather he go free than have the precedent of taking blood tests without warrants, need to appeal this with hopefully a decent lawyer and it should be open and shut
[–]Drewski 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 0 fun3 insightful - 1 fun - 4 years ago (0 children)
Judge Christine Allen-Jackson denied Gilliam's motion to suppress the BAC evidence on Monday, saying that investigators had an urgent need to test him before the alcohol dissipated from his system, and that outweighed the goal to get a warrant.
No, the constitution is the absolute law of the land and the 4th Amendment is an imperative, not a "goal" that can be ignored when officers think they have some arbitrary "urgent need". This judge should be disbarred for breaking the oath she took to uphold the law.
Gilliam was allegedly loud and belligerent with officers and refused a field sobriety test, so an officer took him to Kennedy Hospital where he consented to the blood test, she said.
So he consented to the test at the hospital, seems like there should be plenty of evidence to convict without violating his rights and setting a bad precedent.
[–]Nemacolin 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 0 fun2 insightful - 1 fun - 4 years ago (0 children)
Surely the police can get a warrant in less than thirty minutes. Am I misinformed?
[–]dcjogger[S] 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 0 fun2 insightful - 1 fun - 4 years ago (0 children)
Patriotic Americans who thought that they would resist if tyranny ever came to the US must feel powerless now.
Not only have the evil elites turned the USA into a police state, Americans are eagerly embracing their slavery.
Insanity.
Dropout immediately. Quit paying taxes. Leave the US. Kill the system.
Every minute this tyranny continues makes the police state more permanent.
https://onee.ch/pol/
[–]Only71Genders 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 0 fun2 insightful - 1 fun - 4 years ago (0 children)
so an officer took him to Kennedy Hospital where he consented to the blood test, she said
Don't consent to shit. If you consent, cops don't need a warrant.
Meanwhile, if a person who is arrested refuses a blood test, the idea of evidence perishing is pretty stupid considering the hour it takes to get a warrant would just be documented and an expert can come testify about the rate of alcohol elimination to make up the difference in whatever the blood test ended up showing. This happened in my DUI case, and I was quickly convicted. Nine months after the damn arrest... But the judge trial was quick as hell when it finally happened.
The whole world is a police state now, but some countries are more free than other nations.
You could find countries with the least tyranny by looking at the Index of Economic Freedom.
https://finance.yahoo.com/news/asia-top-economic-freedom-us-020913615.html
Another way to find free countries is to look at the number of prisoners in a country. While every country is a police state today, some countries are too poor to jail criminals. You would have more freedom in a place where the government doesn't enforce the law often or imprison people.
http://www.nationmaster.com/country-info/stats/Crime/Prisoners-per-1000
[–][deleted] 3 insightful - 1 fun3 insightful - 0 fun4 insightful - 0 fun4 insightful - 1 fun - (0 children)
[–]Drewski 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 0 fun3 insightful - 1 fun - (0 children)
[–]Nemacolin 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 0 fun2 insightful - 1 fun - (0 children)
[–]dcjogger[S] 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 0 fun2 insightful - 1 fun - (0 children)
[–]Only71Genders 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 0 fun2 insightful - 1 fun - (0 children)
[–]dcjogger[S] 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 0 fun2 insightful - 1 fun - (0 children)