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Old 12-29-2010, 09:40 PM   #1
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Old 12-29-2010, 09:43 PM   #2
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How long till this becomes no refusal to search your car, your phone records, your house.

What the happened to "probable cause" and "due process"?
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Old 12-29-2010, 10:12 PM   #3
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Quote:
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How long till this becomes no refusal to search your car, your phone records, your house.

What the happened to "probable cause" and "due process"?
Are you serious ? Your personal life is one thing suspected dui is another . If you don't have to hide take a breath test (they give them on the side of the road) and go home . To many dumbasses don't know when THEY are to drunk , screw them , take them in ...........
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Old 12-29-2010, 10:13 PM   #4
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"No refusal weekends" are going to be every weekend in Harris County for the next 3 years.

http://www.chron.com/disp/story.mpl/...n/7351477.html
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Old 12-29-2010, 10:28 PM   #5
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How long till this becomes no refusal to search your car, your phone records, your house.

What the happened to "probable cause" and "due process"?
I think you're confusing these no refusal things with sobriety checkpoints. No refusal weekends just means the county is paying a judge and a nurse to be on call at some centralized location for the whole night.

The officer still needs reasonable suspicion to make the stop, and still needs probable cause to present to the judge for a warrant.

Not defending these things, but just clearing it up.
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Old 12-29-2010, 10:29 PM   #6
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Originally Posted by dontbap()ssy View Post
Are you serious ? Your personal life is one thing suspected dui is another . If you don't have to hide take a breath test (they give them on the side of the road) and go home . To many dumbasses don't know when THEY are to drunk , screw them , take them in ...........
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Old 12-29-2010, 10:37 PM   #7
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Originally Posted by wackjum View Post
I think you're confusing these no refusal things with sobriety checkpoints. No refusal weekends just means the county is paying a judge and a nurse to be on call at some centralized location for the whole night.

The officer still needs reasonable suspicion to make the stop, and still needs probable cause to present to the judge for a warrant.

Not defending these things, but just clearing it up.
Yes. I was confused about that point. In this case book em Danno!

I am concerned that citizens are being intimidated into complying with what would otherwise be unlawful and unwarranted searches because the police can say well I will just get a judge to sign a warrant. I would like to see the data on requests vs. warrants issued to see if the judges on these weekends just rubber stamp these requests or do they actually take the time to examine the facts.
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Last edited by bioGuru; 12-29-2010 at 10:40 PM.
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Old 12-29-2010, 10:40 PM   #8
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last weekend i transported at least 3 people to the ER....when asked why we brought them in to the ER all i could say is "they are drunk"
These were all people that were trying to get to their car after being so plastered they could not stand up. they were usually found on the ground near their car...
the last one came in as an "unknown problem" and was described as an individual slumped over the wheel of their car. We found it at the end of an i-45 offramp downtown. the cops were they cuffing the person, who was drunk enough to think it was ok to be on the street with 6 full beers on his passenger seat and a beer in each cup holder open, while driving around less than a mile from traffic court and the main police station.....
then there are the dozens of crashes i have made in the past year or so, happening at all hours of the day, caused by a who drank too much.

I am perfectly fine with no refusal if you are suspected of being drunk or intoxicated behind the wheel.
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Old 12-29-2010, 10:41 PM   #9
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Old 12-29-2010, 10:45 PM   #10
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Old 12-29-2010, 10:59 PM   #11
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Quote:
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How long till this becomes no refusal to search your car, your phone records, your house.
I don't understand that ^^^ . How is removing drunks by no refusal test anyway a link to them tapping my phone or searching my house ? I agree there should be a line drawn on privacy but people always complain when they try to resolve a huge problems and it inconveniences them .
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Old 12-29-2010, 11:03 PM   #12
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Quote:
Originally Posted by wackjum View Post
I think you're confusing these no refusal things with sobriety checkpoints. No refusal weekends just means the county is paying a judge and a nurse to be on call at some centralized location for the whole night.

The officer still needs reasonable suspicion to make the stop, and still needs probable cause to present to the judge for a warrant.

Not defending these things, but just clearing it up.
So how does this differ from normal due process other than the time to get a warrant?

No refusal implies that a driver will not be able to refuse an officers request.
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Old 12-29-2010, 11:04 PM   #13
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Old 12-29-2010, 11:09 PM   #14
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Old 12-29-2010, 11:17 PM   #15
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exactly . what happen to the part about never volunteer info without a lawyer present.

looks like its a demand and not a request
It has been ruled that DNA and breathalyzer is collecting physical evidence so it doesn't fall under 5th amendment protection and you can be compelled to comply with requests for that evidence just like a search of your house or property.

The issue I have here is that these are effectively warrant-less searches backed by an automatically issued warrant. The threat of this automatic warrant is compelling people to forgo their rights.
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Last edited by bioGuru; 12-29-2010 at 11:21 PM.
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Old 12-29-2010, 11:20 PM   #16
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exactly . what happen to the part about never volunteer info without a lawyer present.
That kept to many drunks out of convictions . My buddy used that excact excuse the night he left a bar burning tires and T-boned a car , it was his fault , he f@cked some one up and with 7 grand for a good lawyer and a little deferred probation he is good to go . Is it really that big a deal if it saves some ones life , possible your loved ones . Whats another alternative , prohibition ?
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Old 12-29-2010, 11:21 PM   #17
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Old 12-29-2010, 11:25 PM   #18
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So how does this differ from normal due process other than the time to get a warrant?

No refusal implies that a driver will not be able to refuse an officers request.
It's a marketing ploy in my opinion. You can always refuse. It would just make the officer have to get a warrant to get a blood draw. On normal nights, this may be difficult as tracking down a judge and a qualified nurse might not be possible. On these "no refusal" nights, everything is in place to get a warrant.

I don't really want to get started on the whole drunk driving thing. Suffice it to say that I think drunk drivers are a menace and cost lives. The problem is, who is drunk?

.08 BAC is a completely arbitrary number chosen for political reasons. Portable Breath Tests (the ones by the side of the road) are so unreliable that the results of a PBT are not admissible in Court. The Intoxilyzer, which is the breath test you take at the station, has its own issues that cast doubt on accuracy.

Personally, I think we should consider a DUI standard instead of a DWI standard.
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Old 12-29-2010, 11:29 PM   #19
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Old 12-30-2010, 01:17 AM   #20
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I too despise drunk drivers (and drugs) but how would this be any different if the state passed a law that allowed them to also test for illegal drug use using a similar methodology? The way I see it is the the world is full of stupid people and living in it is risky business. I can do a lot to mitigate that risk such as staying off the road when bars close. I would rather live in a society with some risk than live in one without (less) freedom.
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