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Go Back   ECCIE Worldwide > General Interest > A Question of Legality
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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 11-30-2016, 05:44 PM   #16
DocHolyday
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Pardon me SJ but are you going to represent the member on his or her appeal to the CCA so you can be right in the thick of things?
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Old 11-30-2016, 06:15 PM   #17
ShysterJon
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I'll represent anyone anytime anywhere about anything, as long as they pay me -- even you.
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Old 11-30-2016, 09:52 PM   #18
The Cock Connoisseur
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I'll represent anyone anytime anywhere about anything, as long as they pay me -- even you.
This^^^ is an absolute turn on sir

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Old 11-30-2016, 10:51 PM   #19
DocHolyday
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I appreciate that gesture SJ but I will decline your offer as I do not need an attorney. However, if you find yourself in need of a malpractice attorney, send me a PM and I can send you a couple of names.
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Old 12-01-2016, 02:36 PM   #20
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Quote:
Originally Posted by ShysterJon View Post
It's really not accurate to say that a city or other jurisdiction "passed no-refusal laws." Under existing Texas law, a cop who can set forth probable cause of DWI to a magistrate can get a warrant for a blood sample. When a LE agency decides to do this, they implement a policy to get the warrants and samples. From a practical standpoint, the hard part is getting samples. At first, some LE agencies trained cops to get samples, but now the cop takes the suspect to a hospital. Some LE agencies bill the suspect for the cost of the test.

The constitutionality of blood samples by warrant has been tested and upheld throughout the land. I keep waiting for a test case where the suspect refuses and the cops hold him down or strap him to a gurney to get a sample, a la Rochin v. California, 342 U.S. 165 (1952), in which the U.S. Supreme Court, in an 8-0 decision, ruled evidence pumped from the stomach of a suspect inadmissible. So far, I haven't noticed such a case. If any of you are handed a warrant for blood, I'd appreciate it if you'd resist so I can see the outcome on appeal.
(staff edit; fixed quoting; ztonk)

Should such an instance ever happen to me (Hopefully it never will) warrant or not they will have to strap me down to draw any blood from me.
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Old 12-03-2016, 06:37 PM   #21
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Originally Posted by Joe Buck View Post
(staff edit; fixed quoting; ztonk)

Should such an instance ever happen to me (Hopefully it never will) warrant or not they will have to strap me down to draw any blood from me.
They will taser your ass. Much easier for them, that way!
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