Thursday, May 27, 2010

Mine eyes have seen the glory that used to be the 4th Amendment

What better way to celebrate Memorial Day than making a mockery of the 4th Amendment?

In 1868, General John Logan, Commander of the Grand Army of the Republic declared May 30, 1868 a day to remember those who died in defense of the United States during the Civil War. General Order No. 11, issued on May 5, 1868, was the birth of what we now know as Memorial Day.

Once again law enforcement officials will be out in full force over the holiday weekend looking to arrest motorists on suspicion of driving while intoxicated. Those who exercise their right to decline to blow into the state's breath test machine will be subject to forced blood draws pursuant to warrants signed by judges who agree to ignore the right of an individual to be free from unreasonable search and seizure.
"If you have concerns or fears about needles, just know you'll have one chance -- and one chance only -- to provide a breath sample first." -- Catherine Evans, Chief, HCDAO Vehicular Crimes Section.
As usual, the Harris County District Attorney's Office shows its general disdain for the citizenry's right not to incriminate themselves. Heaven forbid the state be required to obtain its evidence legally without the help of the "second prosecutor in the courtroom."

The lone saving grace to this continued effort to eliminate the rights of motorists accused of DWI, is that the process of drawing blood is far more complicated than huffing and puffing into the state's little black box and that it therefore affords the state more opportunities to screw up.

As usual, the best advice on how to avoid becoming a victim of the state's vampire squads is not to drink and drive over the holiday weekend. Be safe out there, wear cloves of garlic around your neck, replace the fuzzy dice with a silver crucifix and make sure you have an extra hammer and stake (I'll take mine medium) in the trunk.

One of these days we may be honoring the 4th Amendment along with the dead on the fourth Monday in May.

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