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Thread: KS - State Supreme Court rules mandatory DWI tests unconstitutional.

  1. #1

    Exclamation KS - State Supreme Court rules mandatory DWI tests unconstitutional.

    Wow.

    Best news I've heard in months.




    BOMBSHELL: State Supreme Court Just Ruled Mandatory DUI Tests are Unconstitutional

    http://thefreethoughtproject.com/kan...Kx6xXPDKhSo.99

    On Friday, the Kansas Supreme Court ruled the state’s DUI testing refusal law unconstitutional, setting a remarkable precedent concerning forced testing of those suspected of driving under the influence.

    In a 6-1 ruling, the court decided the state’s law, which had made it a crime to refuse breathalyzer or blood alcohol tests without a court-ordered warrant, is excessive punishment. Those tests, the court found, amounted to searches, and the Kansas law “punishes people for exercising their constitutional right to be free from unreasonable searches and seizures,” reported the Kansas City Star.

    “In essence, the state’s reasons are not good enough, and its law not precise enough, to encroach on the fundamental liberty interest in avoiding an unreasonable search,” wrote Justice Marla Luckert for the majority, according to KCTV.

    According to Kansas law, the act of operating a motor vehicle gives implied consent for breath, blood, or urine testing to prove one’s sobriety, but the Supreme Court ruled the state’s Constitution allows for the withdrawal of consent without punishment for doing so.

    Previously, refusing a sobriety test qualified as a misdemeanor, punishable by up to a year in jail and a fine of no less than $1,250.

    “Once a suspect withdraws consent, whether it be express consent or implied (under the statute), a search based on that consent cannot proceed,” the court decided.

    According to the court, the state’s “compelling interest” to combat impaired driving and prosecute cases of DUI does not trump people’s fundamental individual liberties as protected by the Constitution.

    Justice Caleb Stegall wrote the lone dissenting opinion, saying there are certain situations where the law could adhere to constitutionality, and as such, it should be applied on a case by case basis.

    “By making this case about consent,” Stegall wrote, “the majority effectively looks at this appeal through the wrong end of the telescope and ends up with a myopic interpretation (of the statute).”

    There are similar laws from other states currently before the U.S. Supreme Court, and Kansas’ could potentially wind up under the high court’s consideration as well.

    In a related ruling, the Kansas Supreme Court also decided the case of an individual who consented to testing after being told he would be criminally prosecuted for refusing. According to the court, such a ‘warning’ is considered “coercive,” thus any consent given in such circumstances would be involuntary.

    “Jay Norton, an Olathe criminal defense lawyer and expert on DUI law, said the law has often been used ‘as a hammer’ to induce people to plead guilty to DUI to avoid being charged with the additional crime of refusing a test,” reported the Star. Norton also said the law represented “prosecutorial overreach at its zenith.”

    Christopher Mann, who sits on the national board of directors for Mothers Against Drunk Driving and is a former member of the Lawrence Police Department, said the organization didn’t agree with the court’s ruling.

    “We support penalties for refusing to take chemical tests,” Mann explained. “We think law enforcement members need to have all the tools at their disposal to keep our roads safe from drunken drivers who kill about 10,000 people a year.”

    “The Supreme Court has affirmed the right of the individual citizen to be free from forced searches by the government,” Norton stated.

    Friday, Norton enthused, was a “great day” for both the Kansas and U.S. Constitutions.
    According to government's own numbers, over half a MILLION people are dead, just in the US alone, because of a man made virus designed to be even more deadly than what would be found in nature, released, possibly on purpose, from a Chinese lab, a virus that that was created from funding and prior research given to the Chinese scientists by our own government because we, in fit of sanity, pulled the plug on funding here.



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  3. #2

  4. #3
    “We support penalties for refusing to take chemical tests,” Mann explained. “We think law enforcement members need to have all the tools at their disposal to keep our roads safe from drunken drivers who kill about 10,000 people a year.”
    This is utter bull$#@!!

    That said good on the Ks. SC.......(And the DA's still need disemboweled!)

  5. #4
    Checkpoints in my opinion are one of the most invasive things that definitely do not belong in any society that professes to be free.

    My blood starts to boil when people just accept these kinds of things. Even if I have nothing to hide... I am free so leave me the $#@! alone.

    So yeah, this is pretty big. But it's only a small glimmer of light.
    "I am a bird"

  6. #5
    Good for Kansas..
    this needs to spread.
    Liberty is lost through complacency and a subservient mindset. When we accept or even welcome automobile checkpoints, random searches, mandatory identification cards, and paramilitary police in our streets, we have lost a vital part of our American heritage. America was born of protest, revolution, and mistrust of government. Subservient societies neither maintain nor deserve freedom for long.
    Ron Paul 2004

    Registered Ron Paul supporter # 2202
    It's all about Freedom

  7. #6
    Quote Originally Posted by phill4paul View Post
    Wow.
    That's just what I said.

    Might be a tool to start dismantling "implied consent" laws all across the country.

  8. #7
    Quote Originally Posted by Anti Federalist View Post
    That's just what I said.

    Might be a tool to start dismantling "implied consent" laws all across the country.
    Right. "Wow" was all mind brain could process in the moment. NEVER thought I'd see a decision like this one.

  9. #8
    Quote Originally Posted by Anti Federalist View Post
    That's just what I said.

    Might be a tool to start dismantling "implied consent" laws all across the country.
    No worries, the Nazgul in Mordor will over rule this affront to Sauron.



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  11. #9
    I'd be afraid to raise children in that state now.
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  12. #10
    Odd decision. Normally owning a car and/or driving on roads, would be considered sufficient implied consent
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  13. #11
    A rare instance where the Kansas Supreme Court actually got something right.

  14. #12

  15. #13
    A small step forward, three hundred seventy nine thousand two hundred fifty six small steps backwards unfortunately.
    1776 > 1984

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  16. #14

  17. #15
    This is common sense beyond what I would expect. Very good .



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