Originally Posted by
J
Ok, KevDen, I think you know (and if you do not, ask the other LEOs on the board) that I am usually the first to strike down, and I come down hard on cop bashing on this site. But I haven't seen any here, so lets not cry wolf.
Additionally, your argument is patently false. Lets swap DUI with Terrorist...
When your family member is killed by a Terrorist, you will wonder why we aren't recording more phone calls, emails and text messages to keep them from getting away with it. None of us like these NSA taps, etc.
Additionally, the facts say that anyone who refuses to blow gets a warrant for a forcible blood draw. It says NOTHING about probable cause or reasonable suspicion. Shouldn't there at least be probable cause to get the warrant (as is required in all other warrants)? You limit it to people who are swerving, wreak of alcohol, blow a red light, you get me to agree a bunch more. But simply refusing a search (breathalyzer) is not probable cause OR reasonable suspicion, and this has been held up repeatedly at the highest levels of courts.
Just because it is a DUI and people lose family members to DUIs doesn't mean that due process and proper procedure should be followed all the same. In fact, I think that it is very concerning that you feel that a particular crime may warrant special treatment outside the limits of due process while others do not.
ETA, in your response to "I hope you are never a victim people"
I would strongly prefer to be a victim that a subject.
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