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Old 11-20-2007, 06:09 PM   #76 (permalink)
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Originally Posted by Gilitar
No it isn't correct. It is about procedure.

Example:

Say for example I have a beer spilled on me by someone else. (It has happened to me in the past) I am then later stopped for something such as a tail light being out. At this time the officer smells alcohol. At this point he suspects that I have done something wrong, but I haven't. So I get stuck with a needle by someone who is not medically trained.

See how this can go wrong? Just because you suspect someone of breaking the law doesn't mean they have.

Bottom line... Police Officers make mistakes all the time. They are human just like the rest of us.

Ok, I can see where you are coming from on your statement. I don't see where either you or the officer would be wrong though by getting a blood sample. The blood collection is part of the investigation process. It doesn't mean you are drunk or anything by getting the test. The blood draw would actually back up your defense of not being drunk! If you get arrested for the offense of DUI and the blood test shows negative...guess what?? The charges are dismissed and you could actually sue for false arrest!
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Old 11-20-2007, 07:29 PM   #77 (permalink)
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Quote:
Originally Posted by OFFICER737
Ok, I can see where you are coming from on your statement. I don't see where either you or the officer would be wrong though by getting a blood sample. The blood collection is part of the investigation process. It doesn't mean you are drunk or anything by getting the test. The blood draw would actually back up your defense of not being drunk! If you get arrested for the offense of DUI and the blood test shows negative...guess what?? The charges are dismissed and you could actually sue for false arrest!
It's not the act of taking a blood sample that I am at odds with. I just don't think officers should be sticking people with needles in the field. I have no problem with a breathalyzer, heck I'd even piss in a cup. I just don't want someone sticking me with a needle with all the diseases and super bugs going around.

If the officer needs a blood sample this should be done at a facility by trained personnel. Again, I am at odds with the procedure of taking blood out in the field.

Also... the procedure should be like follows....

1. Sobriety test (if you fail on to step 2)
2. Breathalyzer (if you fail you go to jail)
3. Option of taking blood test at station to prove innocence. (If you decline you are guilty of DUI)

Last edited by Gilitar : 11-20-2007 at 07:35 PM.
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Old 11-20-2007, 07:52 PM   #78 (permalink)
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Originally Posted by Gilitar
It's not the act of taking a blood sample that I am at odds with. I just don't think officers should be sticking people with needles in the field. I have no problem with a breathalyzer, heck I'd even piss in a cup. I just don't want someone sticking me with a needle with all the diseases and super bugs going around.

If the officer needs a blood sample this should be done at a facility by trained personnel. Again, I am at odds with the procedure of taking blood out in the field.

Also... the procedure should be like follows....

1. Sobriety test (if you fail on to step 2)
2. Breathalyzer (if you fail you go to jail)
3. Option of taking blood test at station to prove innocence. (If you decline you are guilty of DUI)

I agree with you! But, what if the officer was trained? I am a medical first responder and can draw blood and we have another officer on the dept. that is an EMT. What if officers fit into this criteria?
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Old 11-20-2007, 08:30 PM   #79 (permalink)
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I agree with you! But, what if the officer was trained? I am a medical first responder and can draw blood and we have another officer on the dept. that is an EMT. What if officers fit into this criteria?
I wonder if they are taking blood with a finger prick or by needle in the arm? Still.... The side of the road is not the place to be doing this. It should be in a controlled environment with SUPERVISION for not only the safety of the individual, but also for liability reasons.

I'm pretty sure you don't want to be sticking crack heads with needles.
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Old 11-21-2007, 10:41 AM   #80 (permalink)
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Even if the officer is a trained medic, taking blood on the side of the road is NOT a sanitary environment.

If they had an ambulance there, and if the tests were done in the ambulance, following all proper medical sanitation procedures, then the medical issue would be OK.

The issue of government invasion, intruding on the MOST sacred of spaces (our bodies), will never be ok with me.
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Old 11-21-2007, 06:55 PM   #81 (permalink)
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Old 11-22-2007, 01:53 AM   #82 (permalink)
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Originally Posted by OFFICER737
Well isn't it correct though? If a person isn't doing something wrong then they shouldn't fear the police.
Of course it's correct. The police are always right. Everywhere. Thoughout history. As long as you do what you are told, you will have no trouble. After all, no one has ever gotten in trouble with the police for doing things that weren't actually wrong.

You are amazing. It's scary that you actually are an LEO.

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Old 11-23-2007, 11:44 PM   #83 (permalink)
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Quote:
Originally Posted by Gilitar
I wonder if they are taking blood with a finger prick or by needle in the arm? Still.... The side of the road is not the place to be doing this. It should be in a controlled environment with SUPERVISION for not only the safety of the individual, but also for liability reasons.

I'm pretty sure you don't want to be sticking crack heads with needles.

They are talking about a full stick man. They need several ccs of blood to run the amount of testing they need to do. Believe me, the last thing I want to do is stick someone much less doing it on the side of the road.
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Old 11-23-2007, 11:45 PM   #84 (permalink)
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Of course it's correct. The police are always right. Everywhere. Thoughout history. As long as you do what you are told, you will have no trouble. After all, no one has ever gotten in trouble with the police for doing things that weren't actually wrong.

You are amazing. It's scary that you actually are an LEO.

PhilB

And it's scary to think that with the brain you have you can still walk, talk and somewhat function normally!
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Old 11-24-2007, 11:18 AM   #85 (permalink)
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Quote:
Originally Posted by Parabellum
Fixed.

Just because a police officer asks for it, doesn't mean its legal.

I would never physically resist arrest...but you are not getting my blood without a valid court order.
So what exactly would you do?

LEO: OK dude, pull up your right sleeve so we can draw some blood. Trust me, I know what I'm doing. We practiced at the station less than an hour ago on some tomatos.

PARA: Screw that man, I ain't giving you my blood without a court order.

LEO: Well man, the chief said we need to do this. Give me a break man, I'm just doing my job. If you're innocent, then you have nothing to fear. Everyone has to do this.

PARA: No way you're getting my blood, I know my rights.

LEO: I don't know anything about that man, I just need to either take your blood or take you to jail.

PARA: I don't want to go to jail. I am innocent plus I have a gallon of icecream in the back for my pregnant wife. It will melt.

LEO: I am sorry sir, that's not my problem. You need to either give me your blood, or come down town in the paddy waggon. Which will it be?

PARA: Fine, I'll go to jail and sue your butt. Plus now you have to deal with my wife and her melted Chocolate Chip Mint.

[PARA THINKING To himself] Hey, this could be a great thing.. if I sue them, I can now afford my dream bike. An 07 GISXR! I can get rid of this lame Yamaha and get the bike that I've always wanted. Now I can be like ZoroZing.

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Old 11-24-2007, 11:28 AM   #86 (permalink)
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Old 11-25-2007, 05:28 PM   #87 (permalink)
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And it's scary to think that with the brain you have you can still walk, talk and somewhat function normally!

that is just a flat out insult and uncalled for. personally i agree with him but i dont blame you for it. its something they train into police officers. just like the army they dont all go in as republicans but they all come out that way(the army).

dont say i dont know what i am talking about i have cop friends and relatives, my sister was even one of them she quit cause she avoided being trained to think that way and didnt like being around people that were
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Old 11-25-2007, 07:19 PM   #88 (permalink)
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And it's scary to think that with the brain you have you can still walk, talk and somewhat function normally!
Maybe so, but the brain I have primarily affects me. I'm not running around with a badge and a gun and a power trip. When someone with an attitude like that you commonly display here has been given power over others, that is when it gets scary.

PhilB
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Old 11-26-2007, 10:18 AM   #89 (permalink)
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So what exactly would you do?

LEO: OK dude, pull up your right sleeve so we can draw some blood. Trust me, I know what I'm doing. We practiced at the station less than an hour ago on some tomatos.

PARA: Screw that man, I ain't giving you my blood without a court order.

LEO: Well man, the chief said we need to do this. Give me a break man, I'm just doing my job. If you're innocent, then you have nothing to fear. Everyone has to do this.

PARA: No way you're getting my blood, I know my rights.

LEO: I don't know anything about that man, I just need to either take your blood or take you to jail.

PARA: I don't want to go to jail. I am innocent plus I have a gallon of icecream in the back for my pregnant wife. It will melt.

LEO: I am sorry sir, that's not my problem. You need to either give me your blood, or come down town in the paddy waggon. Which will it be?

PARA: Fine, I'll go to jail and sue your butt. Plus now you have to deal with my wife and her melted Chocolate Chip Mint.

[PARA THINKING To himself] Hey, this could be a great thing.. if I sue them, I can now afford my dream bike. An 07 GISXR! I can get rid of this lame Yamaha and get the bike that I've always wanted. Now I can be like ZoroZing.
Ok...though I am still loling at your little skit there...I will try to answer this honestly.

Assuming:

1) The police inform me that there is NO other option (breath, urine, roadside test).

2) The police inform me that the blood test is mandatory, they do not need my permission to administer the test.

3) If I refuse the test, its considered an admission of guilt and I get a DUI conviction.

I would have to refuse politely, go to jail, and fight it with a lawyer.

It would be extremely expensive, it would take forever, and I'm sure in the long run it would suck to a huge degree.

Its just not right, no one should be made to give their blood without a valid court order.
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