Showing posts with label implied consent. Show all posts
Showing posts with label implied consent. Show all posts
Friday, May 16, 2014

McNeely strikes again

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The State urges that we balance the public and private interests that are implicated in serious DWI cases and find that Texas’s mandatory b...
Thursday, January 9, 2014

Invalidating the Fourth Amendment, Texas style

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In Missouri v. McNeely , the US Supreme Court held that the natural dissipation of alcohol in blood is not in and of itself an exigent circu...
2 comments:
Tuesday, August 30, 2011

Twisting and contorting by the pool

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Just when you thought the courts had injected some sanity into the DWI "crisis," an appellate court finds a way make it go away. T...
Wednesday, July 13, 2011

It's only coercive if I say it's coercive

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co·erce   [ koh- urs ] –verb   (used   with   object),   -erced,   -erc·ing. 1. to   compel   by   force,   intimidation,   or   authority, ...
Friday, June 24, 2011

Mourning the loss of the Fourth Amendment

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Mr. Alex Kozinksi, the chief judge of the Ninth Circuit Court of Appeals and his law clerk, Stephanie Grace, penned an article on Axis of Lo...
Sunday, September 13, 2009

Cops packing needles

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Police in Arizona and Idaho are now carrying needles along with their sidearms in an attempt to limit further the rights of those arrested ...
3 comments:
Tuesday, December 16, 2008

Forced blood draws in Texas

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If you are arrested on suspicion of driving while intoxicated in Texas, Chapter 724 of the Texas Transportation Code authorizes a peace off...
Wednesday, August 27, 2008

Criminalizing automobile accidents

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While flipping channels late last night I came across a taped speech by Warren Diepraam of the Harris County DA's Office on one of the m...
Friday, August 15, 2008

Just say no to the intoxi-liar

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In Texas, the implied consent laws found in the Transportation Code, state that if a driver is asked to provide a breath or blood specimen...
Monday, August 11, 2008

Implied consent or forced incrimination

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The 5th Amendment to the U.S. Constitution states that: "No person...shall be compelled in any criminal case to be a witness against hi...