blank'/> Liberally Lean From The Land Of Dairy Queen: Sheesh

12.28.2007

Sheesh


Summary: Even though the law gives you the right to refuse a breath or blood sample, that doesn't prevent the cops from getting a search warrant for your blood. The normal obstacle is having a judge available to "review" a probable cause affidavit (which is nothing more than a checklist with the typical observations in a DWI arrest) and issue the warrant.

Wise County has been doing this over the last year but normally only in unusual cases.

However, Tarrant County, over the holiday weekend, will take the blood of every DWI arrestee who refuses to give a sample.

Sadly, no one will care about the government forcing the blood out of a person via a needle - even if the person really isn't guilty. Nor do they care of statements like this made by a MADD representative on WBAP this morning: "If you say you have had two drinks, officers are trained to know you have had an overflow of alcohol." Actual quote. I wrote it down while shaking my head.

36 comments:

Crud Bonemeal said...

Well, I guess a blood test will tell the truth. The 4th amendment protects against unreasonable search and seizure, and it requires a warrant; therefore, if probable cause is set out and a magistrate issues a warrant, the law is met. The final test comes in the motion to suppress hearing at the trial level, doesn't it. I mean, really, isn't a definitive answer in the form of a blood test a good thing? Isn't finding out the truth a good thing?

Anonymous said...

Oh PLEEEAAASSSEEE, you bleeding heart.

Anonymous said...

Doesn't this come under the laws of 'medical procedures', which a person can refuse medical 'treatment' at anytime? Being an EMTP and knowing the laws, one would think this 'tactic' would be unconstitutional. Oh wait, Mr Bush thinks that there is no Constitution. Silly me, what was I thinking, people in the US have NO rights now.

"I'm from the Government and I'm here to help"
SCARE ME

Chris
MN

Denney Crane said...

Oh hell...blame Bush for the Fort Worth police department's unconstitutional attempt to draw blood from every "suspect".

Chris, go on back to MN and GFY...Texas doesn't need another ambulance jockey who knows the law.

Actually, this is the problem with giving out gift cards to the officers with the most DWI arrests during holidays. Also, attorney's must like it since it creates more high end business...

Anonymous said...

Well Hell.....now Rex is really gonna be a little Prick....thats funny

Anonymous said...

Chris from MN - Just so you know - not all of us on this blogs are as big of jerks as Denney Crane.
I, personally, think it's fun to hear from people out of state.

And on a related topic - this blog's Denney Crane is not nearly as endearing as the Denney Crane on Boston Legal. That Denney Crane makes you laugh out loud at his flaws & insecurities. This one is an old sourpuss most of the time, with no redeeming sweetness or humor.

Anonymous said...

Thanks 2:33 for your support. When it comes to people like Mr. Denny Crane, one must only to consider the source.

HAPPY NEW YEAR AND A SAFE ONE

Chris
MN

Anonymous said...

best thing to happen would be to send fort worth police chief ralph mendoza a one way ticket to mn. maybe they can translate the constitution for him...

Anonymous said...

Were drugs or alcohol involved?

Anonymous said...

Join DAMM (Drunks Against MADD Mothers) and fight for your rights!

Anonymous said...

Thanks 2:33 for giving some hope that not all Texans are rude rednecks. Believe it or not, attorneys really do like to practice law where the rule of law is reasonable. We all could be subject at some time to unjust laws, and then it's a different perspective.
And thanks to Chris for the service you render.

Gorilla said...

1:40: It's interesting to hear someone who is critical of the intentions and actions of a group like MADD called a "bleeding heart". The folks at MADD are the real bleeding hearts.

Anonymous said...

Chris, aren't DNA samples used as evidence and wouldn't the aquisition of this evidence be through a "medical" procedure or "treatment" as you conveniently word your question? DNA has revolutionized the law because it more clearly defines not only those who are guilty,but also clears the innocent. Contrary to your paranoia, W is not near as manipulative of the original intent of the Constitution as are the civil libertarians who claim to care about the "real victim" in a DWI, the poor drunk! If I am ever charged with DWI and am innocent, I would want evidence that would prove my innocence. The only reason to refuse a blood test is because it could possibly prove your guilt and as we have been advised by the defense lawyers of our legal system, don't take a blood test, because it greatly limits there ability to manipulate the law, a "tactic" that can only favor the guilty. Unfortunately, the right to legal representation has become synonymous with avoidance of responsibility at all cost. And ultimately that cost will bankrupt our society.

Anonymous said...

Barry,

They are doing the same thing in Collin County beginning today and ending New Years Day.

Anonymous said...

3:03, Minnesota is a liberal weenie state. They bend the Constitution to fit their needs. Maybe thats where Mendoza learned it.

Anonymous said...

They claim they have a "law" on the books to do this. Is it Constitutional? Has this been declared to be a "reasonable" search?

Anonymous said...

Warrants to take blood samples have been around for a long time and are not "medical" procedures. I am surprised they haven't been used more often in this area. Blood evidence will take defense attorneys off the worn out scams of "diabetes imbalance", "prescribed medicine reactions" and "incompetent police work" to keep druks out running around on our streets. Court calendars will be freed up too becase blood evidence will produce a lot more "nolo" and "guilty" pleas up front.

Anonymous said...

Crud Bonemeal nailed it. If you're guilty....you'll want EVERY bit of evidence in your favor brought out, too.

The only reason to refuse is when you know you're guilty.

Anonymous said...

Don't drink and drive... you might hit a bump and spill it.

Friend don't let friend spill drinks.

- Proud member of DAMM -

rpm said...

Let's just set up a lottery of everyone that enters everyone that enters an establishment that serves the demon liquor. That way we can bust them all in due time.

That's what we're after after all, right?

Praise Jesus and the Victory Baptist Church!

(on a side note: if we put breathalyzers in every vehicle to prevent DWI's before they happen people would be screaming bloody murder)

Anonymous said...

Got smashed and drove home tonight - no blood given in 2007!

Didn't hurt nobody neither.

Anonymous said...

I cant wait until a drunk kills your family. i am sure it will be a drunk that you had defended before. you are so sorry that you would defend him again.

Anonymous said...

The FORT WORTH PD is a LEGAL MOFIA!I was pulled over and PASSED EVERY TEST! EVERYTHING!!!!! I was still arrested did the usual walking on the line , dance on 1 foot and was even talked in to doing a BREATH TEST. PASSED!!!! THEN THEY SAID WE ARE GOING TO ARREST YOU ON SUSPITION OF BEING INTOXICATED! once everyone SAW the TAPE with the MOFIA cop saying on the RADIO " SARG can you come down here and give him the test I DONT THINK I DID IT RIGHT!!" FORT WORTH PD IS WORSE THAN ORGANIZED CRIME!! AND A WHOLE LOT DIRTIER! AND CAN DO ANYTHING THEY WANT! DID I GET MY $8000.00 BACK! HELL NO!
When I went to trial AND YES I WANTED TO GO! The D.A's didnt want to because they said I was innocent but their chief is making them take every to court. We did a JUDGE trial and it lasted 3 minutes! for them to say NOT GUILTY!

Denney Crane said...

I don't understand why an dumba$$ liberal from MN needs to come to Texas and then has the audacity to accuse the President of the United States, who is a fellow Texan, of not honoring our Constitution.

Yea, I'm a redneck for defending my President... I'm a redneck for not putting up with idiots who want to blame our President for all the problems in the world... I'm a redneck since I express my resentment in a way that is not politically correct...

I don't care if our President is a Democrat or a Republican; you better damn sure know what you're talking about before you start badmouthing him (or her) if you don't want me to piss me off.

Ya'll "bleeding heart liberals" need to get back to hugging your trees and saving your whales. It is obvious that all you really like to do is complain and defend your position; it's definetly not creating a solution!

What really gets me is you guys are too chickensh*t to say these things in person and in public. (probably due to fear of getting the crap slapped out of ya) Go on back to MN or Canada where you can badmouth anyone you want and don't have to put up with us rednecks who stand up for our friends and beliefs.

Denney "Jerk" Crane

Denney Crane said...

Chris,

BTW, I do admire and respect you for at least not posting your opinion anonomously...as so many do.

Anonymous said...

George W. Bush was born in New Haven, Connecticut,USA. Yankee Transplant.

Dingy Heron said...

Those non-bleeding heart conservatives that drink and drive will not have any problem with this forced blood letting. After all, you can't get blood out of a Turnipublican.

Anonymous said...

Somebody that "can't wait" for a drunk to kill somebody's family to make a point? Lord, help them.

Very Anonymous said...

It is chickenshit to hide as anonymous,
behind a disguise, and fake mask,
But no one in their right mind really wants to go,
toe-to-toe, face-to-face, with an agitated socio/psycho/path.

Especially ones that quote Dick Cheney.

Anonymous said...

God, you are so stupid, Denny Crane. I hope you haven't spawned. I can only hope you'll "have an accident" while cleaning the new shotgun your motherwife got you for Christmas. Be sure to look down into the barrel, while pulling the trigger, as you are polishing the long shiny metal part.

Oh, and um, like someone already said, Bush is a Texan in sheep's clothing - HE'S A DAMNED YANKEE you idiot. He's a moron, a puppet, a warmonger, an idiot, a plague on the world, a heretic, an abomination.....oh wait, I'm using words you can't understand, aren't I, Denney?

Heine Hoist said...

Ya forgot the "off" in between.

Anonymous said...

After reading some of these comments, I am completely Tongue Tithed.

Denney Crane said...

6:07 PM

Excuse me please... Is the word "abomination" that you use in your post the same word used in Proverbs 17:15?

Sorry, W. is my friend and my President. Just because you hate him doesn't make your words or opinions true. You do not have access to the information he does, thank God, no matter how many names you want to call him or me.

Actually, I know I have a low level of intelligence because I use namecalling and curse; but you seem to share those same qualities with me. I sure don't remember a post I have made wanting someone to die because I disagreed with them...but I figure "I've committed adultery in my heart many times", so I try not to throw too many stones.

I feel much better about myself now. God Bless everyone!

Anonymous said...

Gorilla - you missed my point (1.40) It was directed at BG.

macemace48 said...
This comment has been removed by the author.
TwoMercedes said...

Well, at least a few of the idjits have some idea of how to handle this, but most don't go far enough. I think just about all youse guys are LWs in disguise.
Hell Yeah, take their blood. In fact, a blood test is not necessary. No one who has had even a drop of alcohol should get behind the wheel of a vehicle unless their bonking the ugly broad they picked up in the bar.
If an officer smells even a hint of alcohol on a drivers breath they should be allowed to haul their ass to jail without further cause. Driving after drinking could be construed to be terrorist activity and the Patriot Act gives us the right to do pretty much what we want, so get over it.