The 4th Amendment reads:
The right of the people to be secure in their persons, houses, papers, and effects, 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
Warrantless forcible blood draws have become a hot topic of discussion as The Supreme Court of The United States heard the case of Missouri v. McNeely. Some argue that warrantless forcible blood draws are necessary to prosecute DUI cases. Others argue that it is a completely outrageous invasive intrusion by the government into a citizen’s body.
Another one of the issues with forcible blood draws is that it promotes and condones abuse. (See Police break man’s leg to get blood)
When you give police this much power, over a person’s own body, there is bound to be abuse. If you don’t believe me, watch the video below:
and
Even though he is not resisting, seven officers restrain him, strap him to a chair, and put an execution-like hood on his head. This is what justice looks like? I should think not.
For less than this, with general search warrants to a home, a revolution started in the Colonies!
What’s even more alarming is that the police totally ignore his requests to draw two extra vials so he can have them independently tested. His willing to pay for it and its HIS blood! Doesn’t he have more right to it than the police?
[Many thanks to Michael Vang of Fleener & Vang LLC, 105 S. Fourth Street, Suite B, P.O. Box 1186, Laramie, WY 82073-1186 and his client Travis for allowing this to be publicized]
Justin McShane
PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.