Louisiana state police announced they will enforce a first-blood policy for suspected DWI drivers (virtually all drivers) upon demand.
Refuse if you want, but you can expect to spend some time in police custody while the cops go after a search warrant from Boss Hogg and force you to comply anyhow.
The Constitution's Fourth Amendment clearly states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Probable cause? Therein lies the glitch.
So, on your way to vacation in Florida, ask your GPS to route you around Louisiana for safety from the police! And if you must drive through Jindalland, don't spend any money.
We appreciate police keeping drunks off our roads and highways, but we also expect the police to obey the obvious intent of the 4th Amendment.
Give 'em an inch and the next thing you know they require us to wear seatbelts!
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State Police to enforce 'no refusal' policy in DWI cases this holiday
Written by: Natasha Robin / Fox8Live.com
NEW ORLEANS - This holiday weekend, there will be an increased police presence on the roadways, and troopers will abide by a "no refusal" policy that takes DWI enforcement to a whole new level.
"This week we do expect a lot of increased traffic across the metropolitan area and, of course, across the state as people try to get to where they are going for the Thanksgiving holidays," said State Police Trooper Melissa Matey. "We are also going to be looking for violators that are causing hazardous situations such as speeding, drunk driving, distracted driving."
In the past, a driver arrested on suspicion of driving drunk could refuse a breath, urine or blood test. Now things are different.
"No refusal means that if you refuse a chemical test once you are arrested for a DWI, that trooper can get a search warrant," Matey said. "That search warrant is for your blood."
A magistrate judge will be on standby to sign the warrant authorizing a forced blood draw from a suspected drunk driver.
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