Post by Origanalist on Jul 12, 2014 11:21:10 GMT -8
"Implied Consent" in practice: Officers conduct a forcible blood draw.
Shigeru Mizuki, a historian and manga artist, has described a World War II muster call in which pilots were invited to volunteer for a kamikaze operation. Each was handed two ballots; one of them read “willing,” the other, “very willing.” Those who didn’t “volunteer” would be killed.
Imperial Japan, of course, was neither the first nor the last despotism to impose this eccentric vision of volunteerism. During the mid-1980s, a state radio broadcast in East Germany proudly announced a record-breaking national blood drive. In the audio equivalent of fine print could be found the critical, defining detail: “Most of the donors were volunteers.”
To celebrate what used to be called Independence Day, police in Oregon have announced a “no refusal” initiative for the Fourth of July weekend. Motorists who refuse to “volunteer” for a Breathalyzer test will be subjected to an immediate involuntary blood test, which will take place either at the side of the road, a nearby medical facility, or in a jail. Prosecutors and judges will be on call to rubber-stamp police requests for a blood draw warrant.
By treating the right to travel as if it were a state-granted privilege, the Regime and its affiliates created a concept called “Implied Consent.” This amounts to a plenary waiver of individual rights for anybody who receives a state-issued driver’s license.
Under “Implied Consent,” police throughout the soyuz – like their East German antecedents – can detain any driver at their discretion, conduct a warrantless search of the driver's vehicle, and compel the driver to undergo a “chemical test” for alcohol, by way of either a Breathalyzer or the more invasive method of a bodily fluid test – blood or urine.
Refusal to submit to this procedure will generally lead to summary arrest for “per se intoxication”; furthermore, as one legal advice website warns, “Under implied consent laws, in most states a driver's license is automatically suspended for up to one year, even if the motorist is not found guilty of DUI.”
So, in the East German sense of the expression, those of us who have driver's licenses have "volunteered" to be stopped, interrogated, searched, and surrender bodily samples at the whim of a DUI enforcement officer.
Under this totalitarian approach, “due process” consists of immediate judicial ratification of a police demand for self-incriminating evidence. The Breathalyzer is a notoriously unreliable technology, and police will readily admit as much – but only when that otherwise infallible device produces test results that exonerate a driver. The threat of an involuntary blood draw is being used to extort compliance with a scientifically invalid testing protocol – which in some cases simply serves as a prelude to even greater violations, including “rape by instrumentality” and torture.
In October 2011, a federal district court for southern Indiana dismissed a lawsuit filed by Jamie Lockard. Mr. Lockard passed a Breathalyzer test but was kidnapped, caged, and subjected to object rape by Officer Brian Miller, who was shielded from accountability by invoking the mystical concept of “qualified immunity.”
Lockard was ambushed by Miller after supposedly running a stop sign. At the direction of his armed captor, who claimed to smell alcohol on Lockard’s breath, the motorist performed a Breathalyzer test, which returned a BAC of 0.07 – well below the legal limit. Rather than releasing the victim – perhaps after handing him a ransom note (also called a “citation”) – Miller shackled him and faxed a search warrant application to a local judge, who approved the request within a few minutes. Since this happened at about midnight, it’s safe to assume that careful scrutiny of the application wasn’t a priority for the judge.
The driver was taken to Dearborn County Hospital and ordered to pee into a cup. When performance anxiety made this impossible, Lockard was charged with “obstruction” – a class D felony -- because “he refused to voluntarily give a urine sample.” That charge reflects the East German understanding of the term “voluntarily.” Rather than waiting for nature to take its course, Miller and another officer name Michael Lanning pinned him down while a nurse prepared a catheter.
Initially, this act of state-mandated object rape was to involve a straight size 16 Foley catheter. Helpless to resist, Lockard pointed out that he suffers from an enlarged prostate. The nurse opted for a smaller gauge – but this didn’t help: Lockard described the pain he experienced as “just as if somebody would take a burning hot coal and stick it up your penis.”
After being raped, Lockard was caged for several days in order to extract a guilty plea for reckless driving. Rather than being compensated for the injuries inflicted on him, the victim received 180 days’ probation, a $100 fine, and was assessed $165 to pay for the privilege of having the court inflict sentence on him.
In dismissing Lockard’s lawsuit, the appellate court made mention of more than a half-dozen previous cases in which police were allowed to commit forced catheterization in search of ambiguous evidence supposedly lurking in the suspect’s bloodstream. Two of the relevant precedents – Sparks v. Stutler and Levine v. Roebuck – involved forced catheterization of inmates by prison officials. In both of those cases, a district court judge ruled that the procedure was an unwarranted outrage on the victim – only to be reversed by a federal judge who ruled that object rape of an inmate is covered by the ever-expanding cloak of “qualified immunity.”
continued at...http://freedominourtime.blogspot.com/search?updated-max=2014-07-10T00:31:00-06:00