Thursday, July 1, 2010

Wanted: a neutral and detached magistrate

Vampire-mania is coming to the Houston area for the Fourth of July Weekend. Ride the gauntlet of local law enforcement officers just waiting to pounce on you for the slightest infraction. Watch as the 4th Amendment is ripped to shreds by judges all too willing to sell their souls. Thrill to being strapped into a chair and having a needle rammed in your arm.

According to the Multi-Jurisdictional DWI Task Force
During the July 4th weekend law enforcement agencies will be participating in a No-Refusal DWI enforcement program. This is a coordinated effort between local law enforcement, the County Sheriff and our District Attorney. Throughout Southeast Harris County, law enforcement officers will be drafting evidentiary search warrants for blood when intoxicated drivers refuse to submit to a breath alcohol test.
According to WWL Radio in New Orleans, vampires are expected in the area over the weekend, too. Of course they are a little more blunt about what happens when a motorist declines to volunteer evidence that can be used against him.

This holiday weekend, many local police jurisdictions will again be enforcing a "no refusal" campaign against drunk driving. 
On both sides of the lake, suspected drunken drivers who refuse a breathalyzer test will be asked to voluntarily give blood for a test. 

If the driver refuses, police will have a local judge available around the clock to issue a warrant to take blood from the DWI suspect. 

So if you're in the Big Easy for the weekend, no need to think of that pesky little requirement that a neutral and detached magistrate must review an application for a search warrant to determine if the request is reasonable -- because that's already been determined. Nevermind that most search warrants for blood don't even state why the blood specimen the police are demanding is even evidence that a crime was committed.

Fort Worth area motorists aren't safe from the infestation, either. The Dallas Morning News reports that vampires will be on the lookout for motorists in Tarrant County and that

Anyone suspected of driving while intoxicated who refuses to submit to a blood-alcohol test will have a blood specimen drawn under a search warrant.
"People should know that when the see those red, white and blue lights behind them they will be stopped," Alpert said, "and if they refuse, they will be arrested and prosecuted."

They don't need any neutral and detached magistrates up north to decide if they're going to disregard something like the 4th Amendment. Nope, just line 'em up and prick 'em. I'm still trying to figure out what Mr. Alpert of the Tarrant County District Attorney's Office is talking about -- in order to refuse a breath test in Texas, the driver must already be under arrest. Hey, Richard, check out Chapter 724 of the Transportation Code.

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