Californians, is this true? (4th Amendment Issue)

Status
Not open for further replies.
O

Oatka

New member
From another board, while discussing an off-topic (Ohio,Kentucky and Indiana state BMV departments are considering putting scales in the BMV offices because people are lying about their weight):

"In California you are required to sign away your 4th ammendment rights. You must sign a pledge to allow a CHP officer to test your blood alcohol anytime you are pulled over. "
 
Almost every state has "implied consent". That is, by having a DL and driving on the road, your consent to a breath test is "impled".

Seriously.
 
That is correct. If any peace officer requests, you must submit to a blood or breath analysis for alcohol. If you don't then you automatically loose your license. CA is also one of only two states that can force you to take the test - people hold you down and forcefully draw your blood.
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by BarrySDCA:
CA is also one of only two states that can force you to take the test - people hold you down and forcefully draw your blood.[/quote]

That's ONLY in the case of FELONY DUI, ie causing injury or death. Your run of the mill drunk driver won't (legally) be strapped down to a guerney if he refuses a chemical test.


------------------
Just one of the Good Guys
 
Once I arrested a guy for driving under the influence in California. I informed him of the implied consent law and he chose to give blood. I took him to the community hospital to have blood drawn. Once he was on the guerney he changed his mind. The physican's assistant, formerly a Navy hospital corpsman, put a choke hold and arm lock on the guy and had one of the nurses harpoon the guy for the blood.

How was I to know that wasn't a medically approved manner of drawing blood?

Bruce
 
Good thread. Sounds like it's related to the Constitutions, civil rights, and other legal concepts.

It will be in the Legal/Political Forum.
 
Status
Not open for further replies.
Back
Top