Every driver who refuses to blow strapped to table, put in headlock, blood drawn

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  • rambone

    Grandmaster
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    4   0   0
    Mar 3, 2009
    18,745
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    'Merica
    In some Georgia counties, as well as other counties throughout the USA, drivers are getting their blood forcibly stolen from them. As shown in this video, every driver who refuses to give the police a blow at an unconstitutional checkpoint, is strapped to a table, put into a headlock by a police officer, and their blood forcibly taken. Doesn't matter if it is a misdemeanor offense or a felony. Doesn't matter if there is any physical resistance.

    This video may be disturbing for some liberty loving Americans.

    http://www.youtube.com/watch?v=WX6_QWieZlU
     

    j706

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    60   0   1
    Dec 4, 2008
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    Lizton
    You do not have to go to Georgia. Hendricks county is a no refusal county and has been for about 3 years now. That means that if there is probable cause to believe you were operating while intoxicated and you refuse to submit a search warrant for your blood will be submitted. If it is signed off on you are going to the ER for a blood draw. Some people want to fight, resist and attempt to keep it from happening. It that case they are held down by however many people it takes to get the job done. It happens fairly often (everyone knows how drunks are). No straps are used or anything like that. It is done in a room with video and audio FWIW.

    I have mixed feelings on the subject. But after all everyone does agree to take a test when they sign for their DL. It has taken the fun out of the intoxicated drivers that likes to play the refusal game. BTW this county averages a 99% conviction rate on ALL OWI arrests and many months have a 100 % conviction rate. This county prosecutes OWI's vigorously. I guess the moral to this story is do not drink and drive or do not take dope and drive. And if you do you might not want to do it in Hendricks County. If you decide to do so and you get caught there will be a chemical test done on the driver no matter if you agree to it or not.

    Most drivers go with the plan once confronted with and read a search warrant. But there always seems to be a few each month that attempts to resist physically. Of course minimal force is used to restrain the person enough that the ER staff can safely conduct a draw. I don't care much for it but working in the town where the hospital is we seem to get caught up in it a lot. It is just a matter of time before the ISC makes a ruling on it. Their opinion will be interesting to read. BTW...persons that do resist get additional charges. Not sure what they are as I have never done one (it is not my thing) but I think it is whatever charge there is for refusing a court order.
     

    Denny347

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    Mar 18, 2008
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    Napganistan
    I cannot imagine how a warrantless blood draw is legal if it is forced? Now I've had to have a driver strapped down when he refused to submit to my warrant for a blood draw.
     

    j706

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    Dec 4, 2008
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    Lizton
    I cannot imagine how a warrantless blood draw is legal if it is forced? Now I've had to have a driver strapped down when he refused to submit to my warrant for a blood draw.

    No way I would be anywhere close to anyone doing a warrantless BD that required force. Scares me.
     

    Westside

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    3   0   0
    Mar 26, 2009
    35,294
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    Monitor World
    You do not have to go to Georgia. Hendricks county is a no refusal county and has been for about 3 years now. That means that if there is probable cause to believe you were operating while intoxicated and you refuse to submit a search warrant for your blood will be submitted. If it is signed off on you are going to the ER for a blood draw. Some people want to fight, resist and attempt to keep it from happening. It that case they are held down by however many people it takes to get the job done. It happens fairly often (everyone knows how drunks are). No straps are used or anything like that. It is done in a room with video and audio FWIW.

    I have mixed feelings on the subject. But after all everyone does agree to take a test when they sign for their DL. It has taken the fun out of the intoxicated drivers that likes to play the refusal game. BTW this county averages a 99% conviction rate on ALL OWI arrests and many months have a 100 % conviction rate. This county prosecutes OWI's vigorously. I guess the moral to this story is do not drink and drive or do not take dope and drive. And if you do you might not want to do it in Hendricks County. If you decide to do so and you get caught there will be a chemical test done on the driver no matter if you agree to it or not.

    Most drivers go with the plan once confronted with and read a search warrant. But there always seems to be a few each month that attempts to resist physically. Of course minimal force is used to restrain the person enough that the ER staff can safely conduct a draw. I don't care much for it but working in the town where the hospital is we seem to get caught up in it a lot. It is just a matter of time before the ISC makes a ruling on it. Their opinion will be interesting to read. BTW...persons that do resist get additional charges. Not sure what they are as I have never done one (it is not my thing) but I think it is whatever charge there is for refusing a court order.
    ^^^ Exactly to the Highlighted part.

    Indiana code has this covered as well.

    IC 9-30-6-7
    Refusal to submit to chemical tests or test results in prima facie evidence of intoxication; duties of arresting officer
    Sec. 7. (a) If a person refuses to submit to a chemical test, the arresting officer shall inform the person that refusal will result in the suspension of the person's driving privileges.
    (b) If a person refuses to submit to a chemical test after having been advised that the refusal will result in the suspension of driving privileges or submits to a chemical test that results in prima facie evidence of intoxication, the arresting officer shall do the following:
    (1) Obtain the person's driver's license or permit if the person is in possession of the document and issue a receipt valid until the initial hearing of the matter held under IC 35-33-7-1.
    (2) Submit a probable cause affidavit to the prosecuting attorney of the county in which the alleged offense occurred.
    (3) Send a copy of the probable cause affidavit submitted under
    Link to whole section Indiana Code 9-30-6

    some counties add additional code to this but this covers the entire state. If you don't drink and drive you have nothing to worry about as there will be no probable cause.
     

    Bunnykid68

    Grandmaster
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    22   0   0
    Mar 2, 2010
    23,515
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    Cave of Caerbannog
    Everyone agrees to the test only because the threat of government action if they do not get said Drivers License.

    Just yet another right infringed by the all knowing State
     

    CathyInBlue

    Grandmaster
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    0   0   0
    I know if I get pulled over and a specious roadside charge of DWI thrown at me, I'm refusing all field sobriety tests and insisting that I be taken post haste to the nearest hospital equipped to perform the legal blood draw under a duly constituted search warrant and will be cooperating minimally if at all until such time.

    Want to waste my time. I'll waste yours.
     
    Rating - 100%
    1   0   0
    Aug 23, 2009
    1,822
    113
    Brainardland
    I know if I get pulled over and a specious roadside charge of DWI thrown at me, I'm refusing all field sobriety tests and insisting that I be taken post haste to the nearest hospital equipped to perform the legal blood draw under a duly constituted search warrant and will be cooperating minimally if at all until such time.

    Want to waste my time. I'll waste yours.

    What if the DUI charge is legitimate?
     
    Rating - 100%
    1   0   0
    Aug 23, 2009
    1,822
    113
    Brainardland
    In some Georgia counties, as well as other counties throughout the USA, drivers are getting their blood forcibly stolen from them. As shown in this video, every driver who refuses to give the police a blow at an unconstitutional checkpoint, is strapped to a table, put into a headlock by a police officer, and their blood forcibly taken. Doesn't matter if it is a misdemeanor offense or a felony. Doesn't matter if there is any physical resistance.

    This video may be disturbing for some liberty loving Americans.

    http://www.youtube.com/watch?v=WX6_QWieZlU

    I'm a liberty loving American and this video doesn't disturb me at all.

    There is nothing to indicate that this is happening at checkpoints, nor would it be legal if they were. LEO's may not demand a DUI test of everyone they stop at a checkpoint. Signs of impairment must be detected, just the same as when an officer stops an individual.

    The blood is being taken under authority of a search warrant. Blood is physical evidence and a search warrant can be obtained to secure it just the same as any other tangible item.

    I fail to see the problem here.
     

    steveh_131

    Grandmaster
    Rating - 0%
    0   0   0
    Mar 3, 2009
    10,046
    83
    Porter County
    Nope.

    This is about unreasonable search and seizure, specially the amount of force used in a lawful seizure to render it unreasonable.

    The 4th doesn't apply on someone else's property.

    You do not have the right to drive drunk on someone else's property, Kirk. This is about property rights.
     
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