Here’s the latest reader question, along with my reply!
T asks: I’ve been saying for years that one should treat AGWs like vampires. Never look at them or invite them into your house. So now that they are actually in the business of blood-letting here is my question: Does a statute authorizing a blood draw from an unconscious motorist provide an exception to the Fourth Amendment warrant requirement?
My reply: If precedent is any guide, it likely will.
In my opinion – based on the plain meaning of the language – the Fourth Amendment is already a nullity. It clearly and very specifically prohibits “unreasonable” searches absent “probable cause” that an individual has committed a crime.
The entire Bill of Rights is predicated upon the rights of individuals contra the government.
I cannot imagine anything less “reasonable” than stopping/searching people at random, in the absence of any probable cause whatsoever. Yet it is now routinely done, at roadside “checkpoints,” where one is compelled to prove to the satisfaction of an armed government worker that one isn’t “drunk” and is a licensed/insured driver – absent any reason at all to suspect the driver of being “drunk” or not being a licensed/insured driver.
Logically, it certainly follows that if the government can subject people at random – and absent any probable cause – to prove they are not “drunk” via interrogation, coordination testing by the roadside or by “analyzing” their breath – then why should their body fluids be off limits?
Conscious or not?
Indeed, I can see no reason – based on the logic of the law as it is – why armed government workers ought not to be empowered to conduct random body cavity searches (vaginas, anuses) since “someone” might be hiding arbitrarily illegal drugs or weapons in those orifices.
Nor why AGWs ought not to be endowed with power to conduct random spot checks of our homes and computers, too. In order to check for – well, anything that might be illegal.
If someone can explain why not – given what the courts and the laws already allow – I’d love to hear it.
Got a question about cars – or anything else? Click on the “ask Eric” link and send ’em in!
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