How to Refuse a Police Search (USA only)

Batman it isn't an automatic fail in all locations. It is however ground for arrest for refusal which as I and DB both posted is able to have your license revoked. furthermore, in many cities local law has been passed and even upheld in the lower courts so that officers can obtain a blood sample themselves (as MT and Brick posted).

Ant, be careful of how far you go with the

mentality. That is the same kind of thinking that got us to where we are with the loss of freedoms.

 

Yes, I agree with your last statement there...we definatly don't want the loss of freedom, or to live in a police state...like Cuba...ultimate power does corrupt...history prooves this time and time again...the people behind the badges are human...and humans are flawed...it's the law that must be upheld, not their own induvisual 'biases' or 'hunches'...

I do believe in prosecuting criminals who knowingly break the law, with the intent to harm or hurt others...no arguement with me there...

What I'm against though criminalizing the whole population, where everyone is guilty until we, you, proove your innocent...
I mean soon just sneezing could become outlawed...


Aaachuue...



"Freeeeeeze....I got you now...I got you now...

You sneezed on me without covering your mouth....the willful spreading of biological germ warfare....now get on your kneeees.....

I.D. registration and proof of insurance.....don't you so much as move a muscle...ya here!....sneeze on me will ya..."


Yes, It could happen...all a city council would have to do is outlaw sneezing without covering thy mouth....

I'm just not for the criminalization of every day normal activities...

 

Dieselbear, thank you so much for stating what needs to happen here when giving advice. I tried to reference what I'm saying because no one is always right and we all make mistakes. But like you said this information can be costly to a driver if he or she is gullible enough to take advice from someone that is using You-Tube as a reference.

DB, you've been out fishing or what??????

 

No I have had a few gems this week. Wish I was fishing or hunting.

 

Can an officer search your truck and sleeper? Yes

Can you as a driver do anything about it? Nope not really

Why can an officer do this? 'Implied Consent'

Is 'Implied Consent' Constitutional? Nope, not really

Don't officers take an oath to uphold the Constitution? Yup!

Isn't this a misrepresentation? It sort of is, yes

Can a CDL holder do what is in the video in their own vehicle? Nope

Why not? 'Implied Consent' see above.

It seems CDL holders forfeit Constitutional Rights to hold a CDL... Yup.

Why? Special circumstance clause... The same reason one cannot yell "Fire" in a crowded theater under the guise of 'free speech'.

Does this about cover it? I hope so

 

No I'm not up date on every state's law, that's why I mainly was referring to California, however, most states have "cookie cutter" laws. Most of the DUI case law is settled in the US supreme court. But, states will amend their own laws too. I have been out of law enforcement for almost 6 years, so I'm certain there changes. But the fact still remains the same, DUI cases without physical evidence to cooberate with an officer observation are extremely tough to prosecute, and rarely go to trial, especially if it's a first offense. A plea agreement or a non-file is a more typical outcome.

Though the "sheeple" will do whatever a cop tells them to do because they are intoxicated and are afraid of arrested for refusing and FST/chemical test.

I can I stirred the pot on this one topic, but this is good! It's good stimulating conversation. I know not everyone will agree or like it, but that's their opinion. People just need to know the LAW when it comes to certain things or the government will eventually have total control over everything we say and do, and the government basically already does. Always question authority but be respectful. I guess some the drivers here thought I was saying to resist and argumentative toward cops; oh heck no! just know what you can and can't do.

When it came to the DUI stuff, all I was generally saying was why make it easier for cops to take more money out of your pockets. Take care and thanks for your input.

 

Implied consent does not apply to the ENTIRE truck. Read the legal updates! Cops can't go through your personal crap with your consent or a warrant. Though iv'e never had this happen, only in the ####pit. This also applies to any federally regulated transportation vehicle. If you have a cop going through your bags in your sleeper berth, he's wrong and if you happened to have a 20 lbs of Mexican agriculture in that bag, he might as well wind test it because it was obtained by an illegal search. I'm not a lawyer but I do have a working knowledge of the law. I also realize laws do change every year, but the changes are slight in some cases.

 

Check it out: I never said a driver would not be arrested for a refusal to a chemical test. A driver will be arrested anyway, car towed, 6-10 hours of detox, etc. Most states DO NOT automatically draw blood if you refuse a test. That's total BS! That's why there's an Implied Consent Law in place. If a driver refuses a chemical test an administrative action will occur through the DMV, NOT THE COURTS, and that consequence is a license suspension/revoke depending on your state.

In MOST states police will obtain a blood sample WITHOUT your consent is in the result of a fatal car crash (non-DUI) or a DUI crash with injuries/fatal. Then even with that cops can actually hold a driver down to the ground if they physically refuse and are combative. I broke a finger holding a female down while the vampire was trying to insert the needle in her arm.

And as far as laws being created to restrict our freedoms even more? That's because people don't speak up and question authority enough. It's the Progressive agenda that is causing more laws and regulations that restrict our freedoms more than ever. It's folks with the mentality of "sit there and shut up and take it up the dooty hole" is why the government (all levels) has a "C" clamp around out throats and are squeezing tighter. When DUI challenge makes it to a state or federal supreme court, it's because an argument was made about a procedure or a law is challenged. This is called speaking up!

Respect authority and the laws, but we as United States Americans can and are allowed to question authority. Ask any Conservative. Thanks for your feedback and thoughts. It's healthy to talk about stuff like this whether one thinks it's right or wrong. Take care.

 

Until someone comes up with an alcohol test that takes into account body mass, increased tolerance and other mitigating factors, we are all held hostage to the current "one size fits all" BAC and Breathalyzer tests. I'm a 6ft 220lb man. I am also a regular drinker. It is not safe to say that the same amount of alcohol will affect me the same as it would a 5ft 100lb woman. But it is treated as such. I have 1 dui on my record from 1996. I passed the field sobriety tests but was administered the breathalyzer anyway. Which, according to state law, I failed. I could've refused the test in which case I would still have lost my license for a year. ###### if you do, ###### if you don't. With the astronomical costs associated with a dui, it's best just not to drink and drive.