Quote:
Originally Posted by Shadow
This is the first I've heard of it, and would like to know exactly which counties are operating this way, and for how long?
It violates the basic premise of both the 4th:
http://en.wikipedia.org/wiki/Fourth_...s_Constitution
and 5th amendment:
http://en.wikipedia.org/wiki/Fifth_A...s_Constitution
against self incrimination and unlawful search & seizure.
Driving is a priviledge, one that can and will be revoked for non-compliance with the law (failure to submit to a lawful test...); however, I don't find anywhere in the statute, where having a judge on scene or otherwise, exempts law enforcement from the responsibility to act within the constitution! |
I guess I don't understand what you're saying so I'm going to disagree for now.
If you're on duty and pull over a suspected intoxicated driver don't you tell them they have to take a breathalyzer test? If they refuse don't you take them to jail? And then to court? See where I'm going with this?
Looks to me like they're just expediting the process.