Traffic road block asking for DNA samples??

[peejman]

Check this out... 

 

http://www.nbcdfw.com/news/local/North-Texas-Drivers-Stopped-at-Roadblock-Asked-for-Saliva-Blood-232438621.html

 

They're preying on the fact that most people are ignorant of the law and their rights, and are intimidated by a guy in uniform with a gun. Their claim that its voluntary is their legal "get out of jail free card" and they know few people will have the knowledge and cojones to tell them to f-off.

 

 

[Guest CCPT]

If that Chief is smart at all he will steer clear of letting his officers be involved in that mess.

[peejman]

If that Chief is smart at all he will steer clear of letting his officers be involved in that mess.

 

 

The article/video said they were "federal contractors", not local cops.  I'm not sure about the legality of "contractors" setting up road blocks. 

[cannoncocker]

For $300.00, I'll send them a stool sample.  Anyone have an address?

[bronco302]

For $300.00, I'll send them a stool sample.  Anyone have an address?

Wouldn't that be somewhere on Pennsylvania Avenue?

[RichardR]

There is nothing voluntary about being forced to stop at a road-block, and there is nothing anonymous about a DNA sample.

[DaveTN]

What kind of “Government Contractor” has the legal authority to display vehicles with emergency equipment and direct people into parking lots?

[Dustbuster]

Hey as long as they have some hot female stripper types helping to safely collect samples I'm in !!!! Fertility is an important process to be part of . Oh crap I forgot its DNA collection dang!!!


Sent from my iPhone using Tapatalk 2 of course it ate my spelling.

[TripleDigitRide]

Most people probably have no idea what a "Passive Alcohol Sensor" is. It's definitely not voluntary. Hell, most people would probably have no idea they are being tested.

 

http://duijusticelink.aaa.com/issues/detection/passive-alcohol-sensors

Definition: Passive alcohol sensors (PAS) are small electronic devices, usually built into police flashlights or clipboards that can detect alcohol in the ambient air of a vehicle. The sensors are quick, objective, and provide another source of detection to the officer which may aid in the identification of drunken drivers.

 

Executive Summary: PAS do not require “active” cooperation by the suspect because an officer needs only to place the device within several feet of the inside of the vehicle to obtain a reading. The results from the PAS lack the precision or accuracy of a traditional breathalyzer but serve well as another means for an officer to detect the presence of alcohol much like blood-shot eyes, slurred speech or other known personal indicators. These methods of primary alcohol detection provide reasonable suspicion to alert the officer to investigate further.

 

More Detail: PAS provide an officer with a range of alcohol in the air of the vehicle, acting much like an electronic nose. Whereas a human nose can be deceived by other smells (perfume, gasoline, body odor); the electronic nature of the PAS can be more accurate. Research has shown passive alcohol sensors to be effective in identifying persons with BACs of 0.10 and greater with detection rates of 70% or higher.

 

The goal of these passive sensors is merely to aid an officer in the detection of alcohol during a stop, not to replace other more reliable and effective testing methods. This equipment helps provide law enforcement with tools to develop initial suspicion of someone breaking the law (IIHS, 1993). Because they lack the precision of other tests and can detect alcohol from sources other than the suspected drunk driver, PAS results generally are not accepted as prima facie evidence during prosecution. However, in at least one state PAS results have been admitted, not for the purpose of ascertaining alcohol concentration but, rather as one of several field sobriety tests as an indicator of intoxication. See Fernandez v. State915 S.W.2d 572, 576(Tex. App.-San Antonio, 1996).

 

Enhanced training is required for the effective use of PACs since these devices may be a new technology to law enforcement. Additionally, prosecutors and judges also benefit from familiarization with this technology. However such training would not require great amounts of administrative resources, given the simple design of most PAS devices.

 

Passive alcohol sensors, are also used to detect commercial drivers with illegal BAC levels (0.04 BAC) and underage drivers with low BACs to enforce “Zero Tolerance” laws. Research has shown that passive alcohol sensors appear to be a cost-effective tool since police resources and related expenses are oftentimes a concern. Better ways to promote their use should be developed and barriers to their use ought to be overcome.

 

States may differ in their laws regarding passive alcohol sensors so it is best for law enforcement to consult with his/her state statute or prosecutor since not all states accept this device as a reliable indicator of DUI, especially if such evidence forms the basis or main component of what led the officer to make an arrest. Some states may require certain preconditions be met and proven for evidence from PAS to be admitted. For example, in order to be admissible, such evidence might have to be cumulative rather than determinative. An officer who provides such test results may first need to be qualified as having received training in the use of the PAC device. Proof that the device was working properly and that its continuing accuracy is routinely tested may be required.

 

Edited November 22, 2013 by TripleDigitRide

[TripleDigitRide]

Apparently, this isn't the first, second, third, or fourth time this has happened.

 

 

https://www.fbo.gov/index?s=opportunity&mode=form&id=a71e337e2b73c571bbdef88df36e5f4d&tab=core&_cview=1

Four "national roadside surveys" have previously been conducted (1973 , 1986 , 1996 , 2007 ) to obtain data on this issue. In these surveys, drivers were randomly selected from weekend night (and Friday day in the 2007 survey) traffic on representative roadways across the 48 contiguous United States. In the first three surveys, once the driver pulled to the side of the road, s/he was asked to provide a breath sample and to answer a few questions regarding her/his drinking and driving behavior and the current trip. In the 2007 survey, for the first time, drivers were also asked to provide a voluntary oral fluid and blood sample, and to answer questions on drug use.

 

[RobertNashville]

What kind of “Government Contractor” has the legal authority to display vehicles with emergency equipment and direct people into parking lots?

The bigger question is, what would happen if someone just refused to stop?  Would the officers start shooting?  Chase you down and pull you over even thought they aren't even sworn officers?

 

What would be the correct thing to do?

 

As soon as you open your window your "breath" is being "searched" and you don't even know it. And so what if you have alcohol on your breath...having had a drink at some point in the day or evening is not equal being legally impaired?

I don't mind being stopped by an actual LEO if he as legal reason to do so (probable cause) but anything less than that is goes fare beyond the pale no matter how "voluntary" they claim it is...this stinks so much I can smell it in Tennessee all the way from Forth Worth TX.

[bersaguy]

They would have to get a warrant if they wanted anything from me. That would be a good way to see how voluntary the check point really was.........jmho

[peejman]

Interesting that this isn't the first time.

I'd like for one of our resident LEO's or law experts to weigh in on the legality of the road block.

Honestly, I'd probably stop but tell them to pound sand when I learned what they were up to. I'd also probably call 911 to report/verify what they were doing.

[DaveTN]

 

Fort Worth Police Chief Jeffrey issued an apology this week, saying: "I agree with our citizens concerns and I apologize for our participation. Any future Federal survey of this nature, which jeopardizes the public's trust, will not be approved for the use of Fort Worth police."

Read more: http://www.myfoxdfw.com/story/24038414/fort-worth-polices-voluntary-survey#ixzz2lR5y7qYt

 

 

[RobertNashville]

 

Sounds like the Forth Worth police department is doing the right thing...too bad it's rather moot at this point as many people's rights were already violated and I doubt there is any recourse for them at this point.

[JohnC]

The Govt is getting way too intrusive nowadays.

And being a former Federal employee, I speak from personal experience. :meh:

[Guest ThePunisher]

Every day a little more communism creeps into our lives. As long as they can get away with it, the more they will try. People are just too complacent with their lives to really complain for change. Apathy is enslaving us slowly, and it won't be too long before everyone realizes the chains are getting heavier, but by then there will not be any bolt cutters to free us.

[RichardR]

We're already beyond redemption.