The following editorial appeared in the Star-Bulletin: The Honolulu Police Department is risking a legal challenge by posting on the Internet the names and photos of drivers cited but yet to be tried on drunken driving charges. A partly similar posting by a New York county last year was found to be unconstitutional, but the…
Tag: DUI
Officers’ New Tool Against D.W.I.: Syringe
Associated Press reports: When Officer Darryll Dowell of the Nampa Police Department is on patrol, he will pull up at a stoplight and start casing the vehicle next to him. Nowadays, his eyes will also focus on the driver’s arms, searching for a plump, bouncy vein. […] The thought stems from training he and a…
Fourth Amendment cases: forcible catheterization, DNA swabbing
A newly filed lawsuit and an appellate decision involve Fourth Amendment rights protecting against forcible and warrantless taking of biological samples…. Courthouse News summarizes the background of a lawsuit (pdf) filed by a man who says police had him forcibly catheterized when he couldn’t produce a urine sample. A man claims a Lawrenceburg police officer…
AZ court: DUI blood test requires warrant or consent
The Associated Press reports an Arizona court ruling that authorities must either obtain a search warrant to conduct a blood test of a DUI suspect or obtain the suspect’s clear consent to having blood drawn. Simply not objecting to the blood test is not sufficient. According to the AP, the Court of Appeals sent the…