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Saliva Tests at Routine Traffic Stops

Lol similarly was watching football while typing. It should say it has "nothing" to do with privilege/right.
 
Wakeforest22890 said:
As far as I know it has anything to do with a privilege/right. It's clearly within the 4th Amendment framework and I think the reason that it has been allowed is that it theoretically weighs in favor of safety over the intrusive nature of the search.
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Wakeforest22890 said:
Lol similarly was watching football while typing. It should say it has "nothing" to do with privilege/right.
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I figured as much...

but can you expound upon this? I mean, there are a lot of things that would make us safer that don't pass muster, so that hardly seems like a sufficient justification.
 
DeacinBama said:
I figured as much...

but can you expound upon this? I mean, there are a lot of things that would make us safer that don't pass muster, so that hardly seems like a sufficient justification.
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Exactly why it's a good question.
 
A DUI checkpoint is "ok" because everybody has to go through it and you are not being profiled.

My bigger issue is that by taking a breathalyzer you are providing evidence that incriminates you. And while the Supreme Court disagrees I believe that is in violation of the 5th amendment.
 
DeaconCav06 said:
A DUI checkpoint is "ok" because everybody has to go through it and you are not being profiled.

My bigger issue is that by taking a breathalyzer you are providing evidence that incriminates you. And while the Supreme Court disagrees I believe that is in violation of the 5th amendment.
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I accept that DUI check points are legal, but I'm still unclear about the justification. If the idea that "everyone has to go through it" is sufficient, then why don't we just do home searches for everyone in a neighborhood?
 
DeaconCav06 said:
A DUI checkpoint is "ok" because everybody has to go through it and you are not being profiled.

My bigger issue is that by taking a breathalyzer you are providing evidence that incriminates you. And while the Supreme Court disagrees I believe that is in violation of the 5th amendment.
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Well, if you see a DUI checkpoint in front of you and turn before you get to it, the police will most certainly come after you. Aren't you being profiled at that point?
 
WFU71 said:
Well, if you see a DUI checkpoint in front of you and turn before you get to it, the police will most certainly come after you. Aren't you being profiled at that point?
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In at least some jurisdictions if you turn around legally (signal properly, don't make an illegal U-turn, etc.) you are OK, or at least have an argument for suppression.
 
DeacinBama said:
I accept that DUI check points are legal, but I'm still unclear about the justification. If the idea that "everyone has to go through it" is sufficient, then why don't we just do home searches for everyone in a neighborhood?
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The scope of the intrusion is also a factor. Check point stops are generally considered a de minimis intrusion whereas home searches are the highest intrusion on the spectrum.
 
wfumike02 said:
The scope of the intrusion is also a factor. Check point stops are generally considered a de minimis intrusion whereas home searches are the highest intrusion on the spectrum.
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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?
 
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?
 
Good question.
 
RaleighDevil said:
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?
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What about not driving under the influence of anything?
 
Sleep deprivation can affect your ability to drive as much as drinking or drugs.
 
RacerDeac said:
One of those "if you're not doing anything wrong, what do you have to hide?" types huh?
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Probably doesn't feel that way about an IRS audit.
 
ImTheCaptain said:
pretty weird we're really bending over backwards to fight DUI enforcement
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I don't have a problem with DUI enforcement. I don't really have a problem with checkpoints. I have a problem with unnecessary and unwarranted taking of bodily fluids.
 
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