As case law continues to be developed, it continues to look as though the best way to hold onto your Fifth Amendment rights is to secure your devices with a passcode. There’s no solid consens…
from the passcodes-ftw dept
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If blood draw is done properly it should be pretty uneventful.
Permanent damage could get a lawsuit to compel a less risky procedure by the cops.
still crazy. the person is being held down to have their skin pierced by metal to make it bleed. why the heck is this just casually allowed?! Heck even breathalyzers should have to function without touching you to be legit to me.
It’s not casually allowed. The courts have determined there can be minor intrusions into your body under strictly limited conditions including after a warrant. Arguing that the whole thing is crazy is pointless because you have no constitutional protection once a judge certifies the circumstances necessitate it.
The prosecutors are the ones pushing to get rid of the warrant requirement for blood draws.
You have the option of refusing the breathalyzers, but most legislatures have the automatic clause that you instantly get treated as failing the breathalyzer test.
Oh. I thought folks were saying without a warrant. just at a stop. I get once the court is involved we pretty much lose our rights. Judges can put you in jail pretty much as they please once your in a court room and of course people are jailed and lose many rights. Not happy about that either granted but I get it.