As free people, the contents of our veins should not be subject to a search warrant. However, the tyranny of good intentions that is MADD/DWI prosecution has convinced the public that forced DWI blood draws will keep us safe. Ergo, forced blood draws are becomming a sadly common practice.
The TDCAA message board has a recent thread on forcibly extracting DWI blood samples. Here are some comments from blood lusting prosecutors. Each paragraph is a seperate prosecutor.
In Colorado County we do a blood test on all refusal cases and have done so for
several years using a fill-in-the-blank search warrantr form that has worked
really well. There is a backlog of cases awaiting results from the DPS lab, but
it is well worth the wait.My judges are getting a bit tired of being jolted out a sound sleep but they are still very cooperative as well….We had a “No Refusal” weekend a couple of weeks before Christmas. We jointly sponsored it with our local MADD chapter. Good results and great PR!
Imagine how it would work if every DWI suspect (felony or misdemeanor) was required by statute (as is true in most states) to provide a sample. It would put an end to the misleading claims by defene lawyers that a defendant has a “right” to destroy physical evidence of intoxication. Of course, those lawyers know that the privilege against self incrimination applies to words, not blood. Furthermore, the constitutional protection against an unreasonable search is not violated by a warrantless seizure of blood based upon a probable cause arrest for DWI — because the delay caused by getting a warrant provides time for the loss of evidence as the body absorbs the alcohol.
We were lucky enough to have the cooperation of all our LE agencies, local judges, and hospital ER/lab to make this work. The judges rotate being on call (at home, with a fax machine) and our local hospital staff is trained on
Do we want “cooperative” local judges who sign “fill in the blank” warrants? This Orwellian Criminal Justice Theatre makes a mockery out of our constitutional protections.
The 3rd quote is from John Bradley, the elected DA in Williamson County. He proposes that no warrant is even needed for a blood draw. After all, this “Evidence” is being destroyed in the defendant’s bodies. What is sad is that our Constitutional protections have been eroded to the point where he may be right.
These DWI blood draws make convictions easier to get which seems to be the new duty of Texas prosecutors (to convict/get good PR). You had the right remain silent, and the right to be secure in your person from unreasonable searches, and the right to counsel. Those antiquated rights have been replaced with the new right to have your blood forcibly removed by the State.
Labels: DWI, Search Warrants