Saliva Tests at Routine Traffic Stops

[wfumike02]

That makes sense. That is, an inspection in one's car is not as intrusive as an inspection of one's home. But, is the degree of that intrusion not influenced by the concept that driving is a privilege?

Not so much that as the fact that driving is a public activity and therefore there is a lesser expectation of privacy. Driving being a privilege is more a factor when you get into implied consent.

What if you told them you would be glad to park anywhere they wanted and would be willing to wait for them to get a warrant to take the sample?

They would probably tell you that the courts have said they don't need one.

 

[DeacinBama]

Not so much that as the fact that driving is a public activity and therefore there is a lesser expectation of privacy. Driving being a privilege is more a factor when you get into implied consent.

I feel like I have a greater expectation of privacy in my car than when I'm walking down the street. What's to stop police from setting up checkpoints for pedestrians to see if they're carrying something illicit or under the influence of an illegal drug?

 

[ImTheCaptain]

For any violation.

hate to pull a BKF, but what violations of driving related laws are we cool with ignoring?

 

[Biff Tannen]

I feel like I have a greater expectation of privacy in my car than when I'm walking down the street. What's to stop police from setting up checkpoints for pedestrians to see if they're carrying something illicit or under the influence of an illegal drug?

Do you have a state issued walker's license?

 

[DeacinBama]

Do you have a state issued walker's license?

That's the point. Driving is a privilege, which I'm thinking permits state intrusions, like a DUI checkpoint, not allowed during other activities. But I'm being told that's not the legal rationale for the intrusion.

 

[bym051d]

What about blood samples? How do you draw the line?

 

[DistrictDeacon]

hate to pull a BKF, but what violations of driving related laws are we cool with ignoring?

Well with that logic, cops should be able to pull anyone over at anytime and search until they find a violation, large or small.

 

[Wakeforest22890]

It's not that we're not cool with ignoring certain driving violations, it's that most of these stops require a fourth amendment analysis for any to pass for any to pass constitutional muster. Of any opinions which really require reading to get a full picture, I feel like the search and seizure cases are at the top of that list. There is a whole list of interests the court goes through in balancing relevant concerns

 

[DeaconCav06]

My brother was stopped at a checkpoint when he was learning to drive and my mom got a ticket because he didn't have his permit with him.

The next day they published that there were x citations for no license no insurance no seat belt and several arrests on outstanding warrants.

To me that is t that far off from asking to see my papers while walking down the street.

 

[PhDeac]

I take it people here aren't familiar with stop and frisk since you all are talking theoretically about something that happens.

 

[DeacinBama]

I take it people here aren't familiar with stop and frisk since you all are talking theoretically about something that happens.

Stop and frisk relies on an underlying suspicion. That suspicion is obviously corrupted in many cases, but the point is it's not the same legal rationale as a DUI checkpoint.

 

[94Deac]

This is old technology but it's something drivers also need to be aware of. I always thought it was intrusive but the arguments which support using canines around cars justify these apparently.

http://edition.cnn.com/TECH/computing/9906/16/driving.while.illuminated.tt/

You might have been through this before - stopped at a police road-block, gazing into the beam of a flashlight.

But what you might not realize while you're looking for your wallet is that the flashlight is helping the officer smell as well as see what's inside your car.

The new device, "The Sniffer," contains an alcohol sensor.

"I put it up to the window," says Lou Gregoire, who is with the Gwinnett County (Georgia) DUI Task Force. "Then I push this top button when I ask him say what's your address and this little yellow light comes on and tells me that the pump's working... and it sucks air into the flashlight.

But you will not stick a fucking Q-tip or similar in my mouth. Not sure how that's not assault in the simplest of interpretations of battery laws.

 

[Deacs89]

One of those "if you're not doing anything wrong, what do you have to hide?" types huh?

Lol one of those drive drunk or high and find out how you can get away with it huh?

 

[RacerDeac]

Lol one of those drive drunk or high and find out how you can get away with it huh?

Nope, just one who prefers there be probable cause before I'm harassed. You're more than welcome to flag down a cop and invite him to search you and your car at any time if you believe so strongly in the benefits of such a practice. Mange sure you have your papers ready!

 

[RacerDeac]

This is old technology but it's something drivers also need to be aware of. I always thought it was intrusive but the arguments which support using canines around cars justify these apparently.

Canines at DWI check points are bullshit. I've had a LEO tell me he can get a police dog to trigger for "probable cause" whenever he wants.

 

[TownieDeac]

well the year's 94 and my trunk is raw in my rearview mirror it's the motherfucking law got two choices y'all pull over the car or bounce on the metal put the pedal to the floor now i ain't tryna see no highway chase with jay plus i got a few dollars i can fight the case so i pull over to the side of the road i heard son do you know why i'm stopping you for cuz i'm young and i'm black and my hat's real low well do i look like a mindreader sir i don't know am i under arrest or should i guess some more well you was doing 55 in a 54 license and registration and step out of the car are you carrying a weapon on you i know a lot of you are well i ain't steppin outta shit all my papers legit well do you mind if i look around the car a little bit well my glove compartment's locked and so's the trunk in the back and i know my rights so you gon need a warrant for that you some kind a lawyer or something somebody important or something ha i ain't passed the bar but i know a little bit enough that you won't illegally search my shit we'll see how smart you are when the canine comes

 

[Deacs89]

Nope, just one who prefers there be probable cause before I'm harassed. You're more than welcome to flag down a cop and invite him to search you and your car at any time if you believe so strongly in the benefits of such a practice. Mange sure you have your papers ready!

Is it fair to say that if someone was high or drunk driving on the road you would want them to be taken off the road? or understand better how to get out of it ? Listen I am no angel and I agree I don't want police to be able to harass me but if I was asked to take a saliva test and I wasn't high why would I care?

 

[PhDeac]

Seems like police could just find people who were driving erratically and pull them over. Probable cause and such.

 

[DeaconSig]

Is it fair to say that if someone was high or drunk driving on the road you would want them to be taken off the road? or understand better how to get out of it ? Listen I am no angel and I agree I don't want police to be able to harass me but if I was asked to take a saliva test and I wasn't high why would I care?

Is it fair to say that if someone was abusing kids in their house, you would want them stopped? or [sic] understand better how to get out of it ? [sic] Listen I am no angel and I agree I don't want police to be able to harass me [sic] but if I was asked to let police search my house and I wasn't abusing kids [sic] why would I care?

 

[2&2 Slider To Leyritz]

Seems like police could just find people who were driving erratically and pull them over. Probable cause and such.

It is virtually impossible for them to follow every car that drives down the road to note erratic behavior. You'd need a cop for every driver. It is much more encompassing and more efficient to stay in one major location that a good number of drivers are funneling through.