roadside drug tests - now in use

[WalkingWolf]

I received no memo or notice, nor can I find one directed to the forum body that you are in any position to determine who participates when or with who here. Calling you out on your deceptions, inconsistencies, inciting manner, derailing of threads and general lack of positive participation isn't bashing.

Another self appointed moderator with no power, and no logic, and refuses to own his posts. It sounds like a personal problem to me.

 

[Fuller Malarkey]

And how does that differ from what I said? Its actually exactly what I said. Not bad for a supposed cop huh

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I think his point is to do our own research, for one never knows what deceptions might be laid out to those truly interested in learning, by sources known to lie and / or deceive.

 

[Augustin]

LOS ANGELES (KABC) -- Local law enforcement has a new tool to crack down on drunken drivers over the New Year's holiday, and drivers could face instant drug tests at DUI checkpoints.

This invasion of privacy is also being done in Arkansas and other states.

http://5newsonline.com/2013/07/21/state-law-enforcement-to-test-saliva-for-drugs/

It was reported on back in July 2013 by Infowars News.

http://www.infowars.com/arkansas-police-add-saliva-tests-to-check-for-drugs-and-alcohol/

 

[WalkingWolf]

This invasion of privacy is also being done in Arkansas and other states.

http://5newsonline.com/2013/07/21/state-law-enforcement-to-test-saliva-for-drugs/

I don't drink or do drugs, and I would never consent to such a search and seizure. But if a person drives erratic, or gets in a accident that is their fault, the police have plenty of time to get a warrant to obtain the evidence. Even though doing it at roadblocks is IMO unconstitutional people should not take advice that convictions are hard to get. In fact IMO a conviction from a traffic accident with a court ordered blood test are easy to win. Especially with drugs as 1) they stay in the system longer. 2)No is no limit to reach, all is needed is elements of the crime, and a positive test.

Again do not follow advice on the internet without either talking to a attorney, or researching it yourself. Any member that is stating that a crime is hard to convict is simply encouraging breaking the law, which is not only morally corrupt but against the rules of this site.

 

[eye95]

Ww I'm not doing this with you.

Me and citizen were talking about the methods used for drugs and per se laws. Your derailing and bashing right out of the gate. Find someone else to bash.

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He is posting in his own world in this thread. Someone should swab HIM!


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<o>

 

[davidmcbeth]

The test, by the manufacturer's own admission, might be 94% "accurate". Which is crap IMO.

 

[WalkingWolf]

He is posting in his own world in this thread. Someone should swab HIM!


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<o>

Is that a threat? Now that is just outright funny, I don't care who you are.:lol::lol::lol:

 

[sudden valley gunner]

Sorry to deflate everybody's happy bubble, but the cited SCOTUS case has no applicability to the situation being discussed.

BAC/saliva drug screening may be either written in to existing laws on operation of motor vehicles (which we all know is a privilege, not a right) or be a supporttable interpretation of existing laws.

The thing I see is the PC statement for a roadside drug test is going to be a lot more difficult to sustain than for drunk driving. Many of the drugs do not cause a "recognizable odor" or the physical indica that alcohol does. And I would love to see a statement indicating impaired ability when the situation is a roadside stop as opposed to being followed. Is the cop really going to suggest you were weaving as you rolled up to the stop? And as for nervousness - any time you are near a cop is a good enough reason to be at least slightly apprehensive. They start talking to you and that gets ramped up a notch or two. For most folks the "Am I free to go?" can be quite nerve-wracking.

stay safe.

Yep.

 

[WalkingWolf]

Sorry to deflate everybody's happy bubble, but the cited SCOTUS case has no applicability to the situation being discussed.

BAC/saliva drug screening may be either written in to existing laws on operation of motor vehicles (which we all know is a privilege, not a right) or be a supporttable interpretation of existing laws.

The thing I see is the PC statement for a roadside drug test is going to be a lot more difficult to sustain than for drunk driving. Many of the drugs do not cause a "recognizable odor" or the physical indica that alcohol does. And I would love to see a statement indicating impaired ability when the situation is a roadside stop as opposed to being followed. Is the cop really going to suggest you were weaving as you rolled up to the stop? And as for nervousness - any time you are near a cop is a good enough reason to be at least slightly apprehensive. They start talking to you and that gets ramped up a notch or two. For most folks the "Am I free to go?" can be quite nerve-wracking.

stay safe.

Agreed, the above boils down to the same advice we have given, "Don't talk to cops" and "Do not volunteer evidence".

I have no thoughts that driving impaired is OK, but even if sober one may encounter a incompetent police officer. We all have met one, ya know they do not know their backside from a hole in the ground. It would not be a surprise to have them accidentally mix up swabs. The only safe way is do not submit, REFUSE. Even if you are sober.

Most impaired drivers IMO are not caught at roadblocks, most police depts post where and when the roadblocks will take place. They are easy for smart drunks to avoid. It is more a public relations thang than actually getting drunks off the road.

But if a person gets high, and gets in an accident, or caught driving erraticly their goose is cooked. The police have plenty of time to get a warrant, based on the obvious evidence, unlike alcohol drugs stay in the system longer. My advice is talk to a attorney, don't get high and drive, and don't talk to police.

But then there is at least one that will let you go if you say you didn't do it.:lol:

 

[countryclubjoe]

Agreed, the above boils down to the same advice we have given, "Don't talk to cops" and "Do not volunteer evidence".

I have no thoughts that driving impaired is OK, but even if sober one may encounter a incompetent police officer. We all have met one, ya know they do not know their backside from a hole in the ground. It would not be a surprise to have them accidentally mix up swabs. The only safe way is do not submit, REFUSE. Even if you are sober.

Most impaired drivers IMO are not caught at roadblocks, most police depts post where and when the roadblocks will take place. They are easy for smart drunks to avoid. It is more a public relations thang than actually getting drunks off the road.

But if a person gets high, and gets in an accident, or caught driving erraticly their goose is cooked. The police have plenty of time to get a warrant, based on the obvious evidence, unlike alcohol drugs stay in the system longer. My advice is talk to a attorney, don't get high and drive, and don't talk to police.

But then there is at least one that will let you go if you say you didn't do it.:lol:

SMART DRUNKS... LOL

WW-- I hope you're feeling better.

CCJ

 

[countryclubjoe]

This invasion of privacy is also being done in Arkansas and other states.

http://5newsonline.com/2013/07/21/state-law-enforcement-to-test-saliva-for-drugs/

It was reported on back in July 2013 by Infowars News.

http://www.infowars.com/arkansas-police-add-saliva-tests-to-check-for-drugs-and-alcohol/

Thank you for you're post...

These story's are quite disturbing... I contend that traffic laws and the enforcement of such unconstitutional methods are the beginning of stripping liberty from every citizen... I am not condoning driving under the influence of drugs or alcohol, I am clearly against it, however, the idea of extracting
urine from a citizen via catheter is more then troubling to me... It sounds more like cruel and unusual punishment to me, and this procedure is being use to obtain evidence from the innocent until proven guilty citizen... Whatever happened to the right to not incriminate one's self?

Clear violations of the 4th, 5th and 14th Amendments.. When did traffic violations/laws start trumping the US Constitution?

Now how about this tyrant officer Marx, he is a distributor for the "Saliva swab kit"... So an agent of the G selling a product that is used by the G to gather evidence from a citizen, without the citizens consent, without due process and wait, the "kit" is funded and purchased with tax payer dollars, the same folks funding the kit are the same folks that the kit is used against to violate their Constitutional rights and possibly destroy their lives... All in the name of public safety...

We are slowly losing our liberties folks, what is next, drug sniffing dogs at our doors sniffing for the scent of drugs then police kicking down our doors without a search warrant to obtain possible evidence.. It sounds crazy however forcible catheterizing a citizen for a urine sample seems just as crazy and UNCONSTITUTIONAL...

My .02

Best regards

CCJ

 

[WalkingWolf]

I believe SCOTUS struck down the use of DSD's at private property without consent. I'll have to dig, unless somebody here remembers the case.

 

[Augustin]

This invasion of privacy is also being done in Arkansas and other states.

http://5newsonline.com/2013/07/21/state-law-enforcement-to-test-saliva-for-drugs/

It was reported on back in July 2013 by Infowars News.

http://www.infowars.com/arkansas-police-add-saliva-tests-to-check-for-drugs-and-alcohol/

Pennsylvania Citizen Sues Over ‘Voluntary’ Cheek Swab

http://www.prisonplanet.com/pennsylvania-citizen-sues-over-voluntary-cheek-swabs.html

 

[davidmcbeth]

Pennsylvania Citizen Sues Over ‘Voluntary’ Cheek Swab

http://www.prisonplanet.com/pennsylvania-citizen-sues-over-voluntary-cheek-swabs.html

Police chief says "no big deal" ... yeah, he isn't going to be late for work and get fired ... what an *******

 

[countryclubjoe]

More and more brave citizens need to step up to the plate. I applaud Mr.Neves and I hope we hear positive results on his behalf..

I would also be honored in making a donation to assist with any legal fees... ( If anyone has any information for donations.please post.)


I believe a persons time is a persons "property". My time belongs to me... It is my property, please do not waste my time with your government intrusions... Let me have my time. let me have "my property"...

Stopping a citizen on the road at a DUI check point or for some random slob test with a goon squad present is in essence " stealing your time or stealing your property.... Now do you know any citizens that would volunteer to have their time wasted or have their property stolen? I do not know any.. However LE agency's across America do just that, steal your property by wasting your time... Your time is your property, it belongs to YOU..
They steal your time/property, all in the name of "public safety"... Then they say, oh its no big deal...

Losing liberties folks... Losing time folks...

My .02

CCJ

 

[Augustin]

Stopping a citizen on the road at a DUI check point or for some random slob test with a goon squad present is in essence " stealing your time or stealing your property.... Now do you know any citizens that would volunteer to have their time wasted or have their property stolen? I do not know any.. However LE agency's across America do just that, steal your property by wasting your time... Your time is your property, it belongs to YOU..
They steal your time/property, all in the name of "public safety"... Then they say, oh its no big deal...

CCJ and all,

Think about how many people could be hurt with these saliva tests.

HYPOTHETICAL example: I'm an elderly gentleman with degenerative disc disease and arthritis. My physician has legally prescribed hydrocodone for my chronic pain. Most of the other senior citizens at the independent living home where I live is taking some kind of prescription pain killer. And according to a recent well-published study, 7 out of 10 Americans take at least one prescription drug. And opioids are taken by 13% of Americans. That figure is much, much higher in the elderly population.

So I come up on one of these saliva drug test roadblocks and I'm forced to provide a sample which reveals that I have opioids in my system, thus giving the cops PC to arrest me and take me down to the station for a blood test, which also is positive. I plead with the cops informing that my hydrocodone is legally prescribed, but they ignore me citing the prevalence of prescription drug abuse. I'm charged with DUI and held in jail for the rest of the weekend until I can see a judge on Monday morning to set the amount of my bail. There is a standard bail amount already set by the system that allows me to get out of jail quickly by paying the amount set forth in the stationhouse bail schedule, but because I live on Social Security and Medicare, and a penance of a pension, I can't afford the standard (high) bail, so I sit in the cell until Monday morning, which turns into afternoon before I actually get to see the judge because of the large number of other defendants on the docket.

And I'm denied my pain medicine during this time and I'm also without all my other cardiac medications because I had left them at home.

I finally get my turn and ask the judge to set my bail at an amount lower than the standard rate, but he denies my request citing the seriousness of the DUI charge I'm facing. He does, however, schedule a special bail setting hearing several days later during which I can plead my hardship. A public defender is eventually assigned to me, but only after I thoroughly disclose all of my assets (by memory) under penalty of perjury.

I'm eventually able to come up with a reduced bond amount and I'm finally set free. The cash that I had with me at the time of my arrest was confiscated and it was returned to me in the form of a check. My car was seized and impounded and I'm responsible for the fees for the tow and the impoundment and a daily rate while I rotted in jail.

During that time my car was searched and all of me belongings were inventoried. I happened to have a gun with me in my car and it was ran through the databases to see if it was stolen, and effectively it is now registered to me. It, however, wasn't returned to me and instead is being held until my case is settled.

Eventually I hire a private attorney who files a motion for dismissal because my hydrocodone was legally prescribed (the public defender wouldn't file this motion insisting I cop a plea deal). The charges are dropped but they refuse to return my gun. All total it cost me several thousand dollars, the loss of my gun, and my wife, who is in very bad physical condition, was without me for the 5 days I was in jail.

How is that for justice in the name of the war on drugs? The cops were just doing their job, after all.

 

[Primus]

CCJ and all,

Think about how many people could be hurt with these saliva tests.

Example: I'm an elderly gentleman with degenerative disc disease and arthritis. My physician has legally prescribed hydrocodone for my chronic pain. Most of the other senior citizens at the independent living home where I live is taking some kind of prescription pain killer. And according to a recent well-published study, 7 out of 10 Americans take at least one prescription drug. And opioids are taken by 13% of Americans. That figure is much, much higher in the elderly population.

So I come up on one of these saliva drug test roadblocks and I'm forced to provide a sample which reveals that I have opioids in my system, thus giving the cops PC to arrest me and take me down to the station for a blood test, which also is positive. I plead with the cops informing that my hydrocodone is legally prescribed, but they ignore me citing the prevalence of prescription drug abuse. I'm charged with DUI and held in jail for the rest of the weekend until I can see a judge on Monday morning to set the amount of my bail. There is a standard bail amount already set by the system that allows me to get out of jail quickly by paying the amount set forth in the stationhouse bail schedule, but because I live on Social Security and Medicare, and a penance of a pension, I can't afford the standard (high) bail, so I sit in the cell until Monday morning, which turns into afternoon before I actually get to see the judge because of the large number of other defendants on the docket.

And I'm denied my pain medicine during this time and I'm also without all my other cardiac medications because I had left them at home.

I finally get my turn and ask the judge to set my bail at an amount lower than the standard rate, but he denies my request citing the seriousness of the DUI charge I'm facing. He does, however, schedule a special bail setting hearing several days later during which I can plead my hardship. A public defender is eventually assigned to me, but only after I thoroughly disclose all of my assets (by memory) under penalty of perjury.

I'm eventually able to come up with a reduced bond amount and I'm finally set free. The cash that I had with me at the time of my arrest was confiscated and it was returned to me in the form of a check. My car was seized and impounded and I'm responsible for the fees for the tow and the impoundment and a daily rate while I rotted in jail.

During that time my car was searched and all of me belongings were inventoried. I happened to have a gun with me in my car and it was ran through the databases to see if it was stolen, and effectively it is now registered to me. It, however, wasn't returned to me and instead is being held until my case is settled.

Eventually I hire a private attorney who files a motion for dismissal because my hydrocodone was legally prescribed (the public defender wouldn't file this motion insisting I cop a plea deal). The charges are dropped but they refuse to return my gun. All total it cost me several thousand dollars, the loss of my gun, and my wife, who is in very bad physical condition, was without me for the 5 days I was in jail.

How is that for justice in the name of the war on drugs? The cops were just doing their job, after all.

Sir just because you test positive may not be enough to affect an arrest depending on the state.

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[Maverick9]

Sir just because you test positive may not be enough to affect an arrest depending on the state.

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What's your point? Cold comfort to him since he WAS arrested.

 

[davidmcbeth]

Sir just because you test positive may not be enough to affect an arrest depending on the state.

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With a new, untested device? Then yes, I would agree.

I have a device that can tell if one is on drugs .. (it also says positive every time)

 

[Primus]

What's your point? Cold comfort to him since he WAS arrested.

Are you sure? It sounded like a hypothetical story.

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