ProdigalSun
Well-Known Member
Go read the link. If Cornell University of law isn't a solid enough source for you I don't know what else to tell you. Just keep being a victim don't fight back.
Pros/Cons of legalization of marijuana hitting ballots in 2018?
- Thread starter HydroRed
- Start date
passmethelid
Well-Known Member
http://legislature.mi.gov/doc.aspx?mcl-300-1949-VI-DRIVING-WHILE-INTOXICATED-AND-RECKLESS-DRIVING
oral fluids and breathalyzer are not in the same vein. but it might take a lawyer to win this...
ProdigalSun
Well-Known Member
Yep don't ever go to court without one. I got screwed for not being able to afford it the first time. Your 4th amendment can protect you if you do it right. I know this because I got busted for weed a few years back. The judge threw out the entire case because they violated my 4th amendment rights.
HydroRed
Well-Known Member
Ok, so I did some reading up on this and you can refuse the oral swab test. The officer can however detain you and request a warrant for a blood sample which is admissible in court. If you do agree to the roadside test and the results fall within their "impaired" threshold, it still isnt admissible in court but can be used to build probable cause.
ProdigalSun
Well-Known Member
According to the Bill of Rights, probable cause must come before the search and a warrant cannot be issued without probable cause.
ProdigalSun
Well-Known Member
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
HydroRed
Well-Known Member
If you view THIS ARTICLE the MSP officer states that their DRE's or "Drug Recognition Experts" are trained to spot impaired driving like falling asleep at the wheel, swerving, etc. Then when they have you pulled over they look for dialated pupils,dry mouth etc. So basically whatever they initially pull you over for can be used for their "probable cause".
ProdigalSun
Well-Known Member
They are experts at subverting your rights. This is why I agree with you, get a lawyer. Don't talk to the police.
Chip Green
Well-Known Member
The man who represents himself in court, has a fool for a client....
Knowing "how" to get busted properly is drastically under-discussed. The right to remain silent is CRUCIAL.
Police are sneaky good at manipulation during times of fear and uncertainty.
TheMan13
Well-Known Member
Although that Abraham Lincoln quote may still ring true today, those 19th century lawyers and the lawfare game they played is a far cry from the mass of privately unionized (Am Bar) 1% lawyers and the games they play today. Let's just say Honest Abe would likely disclaim that comment today with buyer beware and a serious head shaking movement
ProdigalSun
Well-Known Member
Don't go with a court appointed either, you just have a co prosecutor beside you.
The people who swear oaths are the worst violators of the rights and the law
The people who swear oaths are the worst violators of the rights and the law
passmethelid
Well-Known Member
falling asleep at the wheel and swerving are probable and reasonable cause for arresting a driver. you dont have to be a DRE or an expert in anything to "detect" a person who is asleep or swerving.
the saliva test will be used on people who ARE NOT IMPAIRED AND DO NOT SHOW SIGNS OF BEING IMPAIRED.
thats the point. if you are swerving? police can arrest you on the spot and get a blood draw.
this saliva test is used to find the marijuana smokers. the number one drug found with these ? i bet you can guess , its marijuana. because marijuana stays in the oral fluid for 1-2 days.
they arent going to be using saliva test on drunks. the DRE are going to be asking you what prescription medications you use and when you took them. because that will be cause for a search or test.
never talk to the fucking police. NEVER answer questions.
and after you are done watching that video, send it to everyone you know.
passmethelid
Well-Known Member
where does it say he can request a warrant for a blood sample for refusing a saliva test?
the refusal to a breathalyzer is grounds, but saliva test where ?
passmethelid
Well-Known Member
i meant in the law, where in the law... not what some lying cop says heh
ProdigalSun
Well-Known Member
That is one of the best videos I've ever seen. I learned of it when I was doing the gun rights thing.
ProdigalSun
Well-Known Member
They can pull you over for going "too fast or too slow " as well. That narrows down probable cause to +\-1 mph.
HydroRed
Well-Known Member
That was part of my original point. They can literally use anything as "probable cause". Plus there is no scientific backing on the set scale for nanograms and threshholds like there is with alcohol and blood alcohol levels. Im in total agreeance with you.
Huckster79
Well-Known Member
I watched that video a while back, i will rewatch i think thats vital for everyone to do periodically, and i mean everyone, not just the folks on here