There are at least two counties in Georgia around the metro Atlanta area that have adopted the procedure of forcibly taking DUI suspects blood without even asking for consent. They obtain a search warrant to take the blood and then take it whether the suspects volunteer to have blood taken or not.
How far can government go in searching our bodies for evidence? The Constitution protects us against unreasonable search and seizures but what constitutes “unreasonable”? Does the government have the right to forcibly take any body tissue or fluid from us for the purpose of evidence to be used against us in a court of law?
Drunk driving is a big problem in America but does that warrant this twist of Constitutional Law? Georgia law does have a conflict in this matter which is being brought before our courts. The state law that mandates that all Georgia drivers consent to take the breath analyzer test says that anyone can refuse the test. But upon refusal the law requires that they lose their driver’s license and it further states that upon refusal no other test can be given by law enforcement. The forced blood test is a direct violation of that law. I’m no lawyer but in my opinion, that should make evidence from the results of the blood test taken without consent impermissible in a court of law.
It would be nice for the defendant if that was all there was to it, but Georgia passed another law that allows law enforcement to obtain a search warrant for a DUI suspect’s blood. The court will have to decide which law is valid and which is not. There is a definite conflict between the two Georgia laws.
Do you think that forcing someone to give blood is Constitutional? If so, how far do you think law enforcement can go in obtaining evidence to prove a misdemeanor offense? Yes it is a misdemeanor to drive drunk but the results from driving drunk can be much more serious offenses such as vehicular homicide. I know that drunk driving is a license for murder on our roads but does that make this right? This procedure probably does remove many drunk drivers from our roads before they have the chance to kill someone but does the end just the means? If so, then how far can law enforcement go to obtain the desired end?
I have never liked the train of thought that the end justifies the means because that allows anyone to justify anything as long as the result is acceptable. That opens the door to almost anything being justified including brutality, entrapment, staged evidence and even murder.
I know our founding fathers never considered that reasonable search and seizures might include our blood or even our internal organs. However that is what some Georgia counties have interpreted the Constitution to mean. How do you feel about someone forcing you to have your blood taken? Is your internal body any different than your wallet, house or car? Does the government have the right to take anything they want from us as long as they can justify it by the end result?
This new law enforcement procedure unnerves me just a bit. I know if someone hasn’t been drinking they should have nothing to worry about, but is that really true? How many times have you heard about medical procedures going wrong? How many times have you heard about blood tests being wrong? How many times have you heard of tests being mixed up with someone else’s blood test? How many times have you heard of blood tests giving an incorrect reading because of other substances in the blood tainting the results?
I maybe wrong but I am no fan of this new procedure. I feel that our founding fathers would never have considered our internal bodies as searchable property. If they can search our blood forcibly what is to stop them from forcibly searching our body cavities? Is it permissible for them to say drop’em, bend over and spread them?
When and where are the unreasonable searches that the Constitution describes? It is getting increasingly apparent there are no unreasonable searches any more. If law enforcement can forcibly take our blood, what can’t they take?
This article was written by Bertrum J Meisner Jr. I am not a professional writer. I am just a common every day laborer like most of you. I write from my heart, logic and life experiences. I am a devout Constitutional conservative and Christian. My only degree is in life experiences, which comes from a lifetime of learning from life. I derived my education from being part of this great nation and that has given me more of an education than I could ever get from any text book. I love this country and everything it is supposed to stand for. I write to bring it back to its roots and to help stop the destruction that is coming to this country both morally and physically.
Bertrum James Meisner Jr
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