SCOTUS STRIKES AGAIN! GIVES GREEN LIGHT TO STATES TO CRIMINALIZE REFUSAL OF BREATH ALCOHOL TESTS!
Carl M. Ward
Member of Missouri Bar Board of Governors, District 13; Past President, Missouri Association of Criminal Defense Lawyers
A few days ago, in Birchfield v. North Dakota, the US Supreme Court decided that the government does not need a search warrant to take a breath alcohol sample from a citizen. One of the issues in the case involved the validity of a state law that provided criminal penalties for refusing to submit to a breathalyzer test. Yes. No problem, there.
As a practical matter, the Supreme Court's decision means that: (1) in a DWI case, you can be charged with a crime for refusing to give evidence against yourself, i.e., by refusing a breath alcohol test; and (2), while not immediately apparent, you can now be forcibly compelled to provide a sample of your breath.
I fully expect that every state, including Missouri, will soon pass laws providing for serious criminal penalties for refusing a breath alcohol test. I also suspect that police officers may soon be sitting on your chest, forcibly placing a straw in your mouth, and holding your nose until you blow. I ask that you take a minute and picture a police officer sitting on your mother, father, son, daughter, brother, sister, aunt, uncle, nephew, nephew, niece, friend, or neighbor, forcing them to blow into a machine in order to get them to provide evidence against themselves. I am a child of the Warren Court. This is not the same country that I grew up in.
If you give a damn about the way the Fourth Amendment is being used for toilet paper, please at least LIKE this post. Wake up folks. While we are all caught up in our individual lives, as Americans, we have an obligation to speak up and be heard. More than that, we need to band together. There are just too few of us criminal defense lawyers out here holding the line against the tyranny of those who would willingly sacrifice our liberty for security. I have dedicated the last 30 years of my life trying to hold the line and protect our Constitution. What say you? What are YOU willing to do to help protect our rights? I am willing to carry the flag, but I need you help. PLEASE. Carl Ward
JD at Louisiana State University Law Center; undergrad degree at the University of Kansas.
5 年Unbelievable. What a horrible decision.
CEO / Owner - Sole Proprietor RRP, LLC d/b/a Priceless Consulting:
8 年We keep chipping away at our constitution, someday there won't be one. This is unfortunate.
Attorney at Self Employed
8 年I wish that I could argue your points. Unfortunately, I must agree with what you say. I hope that we can get some younger attorneys to pick up the torch. After the time that you have spent doing this, I know you have to be getting "worn out".