WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Monday, December 12, 2011

HOLD STILL, THIS WON'T HURT A BIT.

Hunter shoots deer. No news. Dog shoots hunter. News. Herald has it here.

Dolphins win. News. Dolphins get blown out by Eagles. No news.

Its taken a while, but the chickens hatched by Schmerber v. California, 384 U.S. 757 (1966) are finally coming home to roost.

DUI mavens will tell you that in Schmerber, the US Supreme Court upheld the rights of states to forcibly extract blood from DUI suspects.

Now the WSJ reports that many states, including our own, have adopted or are about to adopt "no refusal" laws that allows the police to hold you down and jam a needle in your arm and extract your blood when you refuse to provide a breath sample in a DUI case.

The Wall Street Journal article states that Texas (Motto: "jus give me mah gun and screw the commie constitution crap") is leading the way.

No doubt Alito and Roberts and Thomas will uphold such a law. They never saw a criminal law they didn't like. But lets see what our friend Scalia does with a 35 year old precedent that puts the government in the vampire business.

How does one discern the original intent of John Adams when it comes to driving impaired?

By the way, on this day next year, we will be dealing with the last of the numerology fads, as it will be 12/12/12. Woo Hoo!

See You In Court.




lcp/psatb/r5/truckee

7 comments:

Anonymous said...

amazing how the 1st n 2nd admendments mean just what the words mean, but 4th, 5th n 6th admendmends have so many unwritten exceptions ..
DS

Anonymous said...

The BIG BROTHER exceptions...

Anonymous said...

Dui maven here. We can have a dui statute that forces blood from all. Just takes big changes in statutes.

Anonymous said...

You may be right, Rump. But I would be surprised if any of the conservative justices supported forcible blood draws in routine DUI cases.

I hope you're right and I'm pretty conservative.

D.S. said...

Justice, its Just Us
DS

Saudi Arabia: Woman Convicted Of 'Sorcery' Executed

http://www.huffingtonpost.com/2011/12/12/saudi-arabia-woman-sorcery-executed_n_1142942.html?ref=world&icid=maing-grid7%7Cmain5%7Cdl4%7Csec3_lnk3%7C119501

Anonymous said...

Honestly David who gives a rats testicle what they do in Saudi Arabia as long as they do it to each other

anticipation said...

It's December. A cold front is on its way. That can only mean one thing: the first appearance of the Kenny Weisman SWEATER VEST!


Fake Carly Simon.