No More Implied Consent?
- A state appeals court has found a section of the Illinois statute on DUI testing unconstitutional in a decision that reversed felony convictions against a man found guilty of plowing into a mother and her young son as they crossed a residential street in Rogers Park.
Ralph Eubanks was driving 60 to 90 mph on Dec. 21, 2009, when he ran into Maria Worthon, 48, who was holding the hand of her 6-year-old son, Jeremia, according to authorities. The violent impact vaulted her body nearly half a block. She died immediately, while her son was seriously injured but survived.
Eubanks took off but was arrested 10 minutes later. He was forcibly subjected to blood and urine tests that turned up positive for cannabis, Ecstasy and cocaine, according to court documents. He was convicted in 2014 of first-degree murder, aggravated driving under the influence and failure to report an accident, and was sentenced to 40 years in prison.
But the Appellate Court, in a decision issued Tuesday, found that a series of procedural infractions followed his arrest. Significantly, two of the three judges found unconstitutional the state statute that allows blood and urine tests to be taken without a warrant or a suspect’s consent whenever a police officer has probable cause to believe that a suspect was impaired and involved in a crash resulting in death or injury.
The liberal Illinois courts are determined that there be no police work done statewide.
Labels: general
posted by SCC at 12:01 AM
81 Comments:
The judges of illinois are garbage. Everyone of them owes a debit to a politician.
What the fuck!!! So is this asshole going to walk now...
terrible
this is incredible BY the time a warrant is obtained the BAC will be down. I hope a judge gets run over.
I would appeal to the opposite street gang with a bag of money. There you will possibly get justice. This city is lost.
That's the democraps for you.
The poor lady's blood is on the the courts hands. I believe the husband/father witnessed the whole thing. They should give the driver the chair.
By that standard do you have to have a warrant for a field sobriety test or breathalyzer?
Get a warrant. Even if you don't think you have to, get a warrant.
Will it come to this?
Don Corleone: We have known each other many years, but this is the first time you've come to me for counsel or for help. I can't remember the last time you invited me to your house for a cup of coffee, even though my wife is godmother to your only child. But let's be frank here. You never wanted my friendship. And you feared to be in my debt.
Bonasera: I didn't want to get into trouble.
Don Corleone: I understand. You found paradise in America. You had a good trade, you made a good living. The police protected you and there were courts of law. So you didn't need a friend like me. Now you come and say "Don Corleone, give me justice." But you don't ask with respect. You don't offer friendship. You don't even think to call me "Godfather." You come into my house on the day my daughter is to be married and you ask me to do murder - for money.
Bonasera: I ask you for justice.
Don Corleone: That is not justice. Your daughter is alive.
Bonasera: Let them suffer then as she suffers.
[the Don is silent]
Bonasera: How much shall I pay you?
[the Don turns away dismissively, but Bonasera stays on]
Don Corleone: Bonasera, Bonasera, what have I ever done to make you treat me so disrespectfully? If you'd come to me in friendship, this scum who ruined your daughter would be suffering this very day. And if by some chance an honest man like yourself made enemies they would become my enemies. And then, they would fear you.
Bonasera: Be my friend... Godfather.
[the Don at first shrugs, but upon hearing the title he lifts his hand, and a humbled Bonasera kisses the ring on it]
Don Corleone: Good.
[He places his hand around Bonasera in a paternal gesture]
Don Corleone: Some day, and that day may never come, I will call upon you to do a service for me. But until that day, consider this justice a gift on my daughter's wedding day.
[a gratified Bonasera offers his thanks and leaves]
Other then DUI's, what if a CCL shoots someone in a justifiable shooting. Can he/she be subjected to blood, urine, or have to blow? Can you refuse, or do you have to submit to that type of order. It's always crossed my mind, and I've had a couple of CCL ask that question.
I hope this is appealed to the IL Supreme Court?
In the interim, get a warrant.
Fuck the 3-drug (all illegal) Ralph Eubanks.
You weren't tested at random, Ralphie boy.
You were highly drug impaired and operated
a motor vehicle to the point of murder.
The Federal statutes of illegal Class I drugs
should override this bullshit of sample taking.
Ralph offered plenty of reasonable cause by
his operation of the vehicle. Ralph was not
sitting on a park bench.
Sorry, but I agree with the Court on this one. Want to conduct an invasive search of someone? Get a warrant. Arrest them, hold them as long as you legally can - get in touch with a DA/Judge, and get a warrant. Shouldn't be too difficult to swear one out based upon some J/O driving 60-90 MPH and rocketing people a half block in the air...
If that person spits, pisses, passes out and bleeds - capture the evidence they left behind - no warrant for that.
I don't agree with driving drunk at all, but that shouldn't allow ignoring the Constitution.
Why doesn't Cook County have arrangements in place for 24 hour warrants "on demand" for circumstances like this? The judges could rotate shifts like many other occupations do - why not?
Question- is it a procedural error if the statute is found unconstitutional? Seems more like a failing of the law makers.
This liberal idiocy has to stop, or can we set aside a few states where only they can live. After a few years after most are dead and the state broke we can come in, burn it to the ground and start over.
I guess the judge's never took a biology course to learn about metabolism. The body is destroying the evidence, ergo the law allow for the exigent circumstances specifically. In the time it takes to get a search warrant, significant evidence is being destroyed through the body's metabolism.
Now a question: When is Operation Greylord II going to announce indictments?
Makes me sick. I understand our 4th and 5th ammendment rights, but people have the right the their own safety in a world full of dopers.
That’s gonna make MAIU’s job a hell of a lot harder now.
So, Implied Consent has been in place for what? 30-35 years? And now these goofs find its unconstitutional?? I give up...
And people wonder why the clearance rate on homicides is so low. You can’t do any police work anymore! People really need to start arming themselves because it’s going to start turning Lord of the Flies out in these streets.
What of the coppers that didn't consent to a criminal blow but were forced to administratively blow? Then the results were used at trial.
What a bunch of schmucks.
Then why are you doing any ????
The timeliness of a kit blood draw is important. But you’ll be hard pressed to find a nurse to do it without consent. Even if they do cause GBH or death. The nurses don’t get it sometimes. At least at Sinai. If you can’t get it, especially now with this “change” just have the asa subpoena the blood that was drawn. Usually if dude is going to the hospital they will draw blood for other reasons. The b.a.c. will still show no matter how old the blood is. But if not properly stored in a refrigerated environment, after time the bac can drop, slightly...like .02, even tho the blood is preserved with a sodium fluoride preservative. The alcohol converts into acetaldehyde. So...sooner the bac is tested the better. I’m sure MADD will be very..mad..about this. Very mad.
Guarantee that if this jagoff would’ve killed one of those judges’ family members that this would not be an issue. Remember. Don’t ever vote Democrat. They don’t care, they have no morals, and there is no bottom that they won’t sink to.
Get a damn warrant. That should have new done anyway.
What does this have to do with pension and health insurance and why are we discussing it?
MAIU just got even more ridiculous. Make sure they only get D2 pay....
Liberal courts are setting the stage for when recreational use of marijuana is legal. Then hold on to your hats. Snowflake hit and runs will skyrocket.
So much corruption so much dishonest recording so much against the police then we have this over here;
Chicago's Emanuel reaps benefits of opposing Trump -- as city problems fester
http://www.foxnews.com/politics/2017/12/29/chicagos-emanuel-reaps-benefits-opposing-trump-as-city-problems-fester.html
Who are they polling A 50 percent approval rating who are you kidding more bullshit lies excerpt;
Despite presiding over a city with rampant money and crime problems, Democrat Emanuel has bolstered his approval ratings and become the rising star of the left by placing himself front and center in the anti-Trump "resistance movement."
So crime is out of control people are getting shot and killed every day and this man is getting an award with an approval rating that is where excessive! The lying Democrats the lying media the whole state is full of corruption and then we have this incredible no wonder why people are leaving at a rapid pace God bless the police!
Sorry SCC, Can't agree with you on this one!!!
Being a firm believer in the constitution, I've said since I've been on this job 10+ years, that this law was unconstitutional. Yes the accident and everything else is horrific. But that doesn't allow the state to circumvent the constitution with 'Implied Consent'.
You, yourself, love to preach about the 2nd amendment and Consealed Carry, I'm disappointed that your same feelings don't apply to the 4th ammendment,or how about ALL of them.
How was the political payoff given envelope or campaign contributions?
Why is this any different than chasing a suspect back into his house, arresting him and observing cocaine in plain view. Exit the home, secure it, use the plain view of the cocaine as PC for a warrant. Obtain warrant, enter home, seize cocaine, clean bust.
Curb vehicle. Driver refuses FSTs and BAC, apply for warrant, obtain warrant, draw blood, clean bust.
Get a warrant. BAC can be extrapolated to determine the level in his blood at the time of the accident, meaning a blood draw or urine sample can be taken a few hours later and still hold up in court. He will still have a license suspension for refusal to submit to field sobriety test on scene, tho the suspension could be overturned at summary suspension hearing by the judge. Most suspensions are upheld unless procedures are not followed to a T. If I remember correctly, there are only 4 or 5 reasons the driver can use to contest suspension and they are listed on defendants filing form. NOT a lawyer, but I have had 2 close friends go thru DUI's and went to court with them for moral support. First one was shitfaced and got off on procedural screwups by police and courts. Second one was sober as a judge (maybe not the best analogy) but was exhausted after we worked a 12 hour shift in the refinery and went over the white line just a bit on an unfamiliar road on the way home. Dash cam set him free, but automatic license suspension for refusal to submit to field sobriety test.
A followup to my previous post. Both friends had multiple DUI's in the past! Both looking at mandatory jail time. First one avoided jail and still hasn't learned his lesson. Second one had last DUI 21 years prior and, scared shitless, he minded his P's and Q's and quit drinking at that point. Some have a "come to Jesus" experience and some don't.
This should have been the way it was done in the first place. You have no right to my blood or urine without my consent or a court order.
If that person spits, pisses, passes out and bleeds - capture the evidence they left behind - no warrant for that
Wow, I guess Santa brought you a bucket of stupid for Christmas this year. If you think the above is an option then you must never have done a DUI
"I don't agree with driving drunk at all, but that shouldn't allow ignoring the Constitution." We should also not take criticism from someone who doesn't know what he or she is talking about.
I hope the person who wrote this comment is not a member of the training staff. At the time that this blood sample was taken it did follow the teaching of the SCOUS in Schmerber v. California which was the law at the time and the laws of state of Illinois and the teaching of the Illinois Supreme Court.
The Court of Appeals did not apply the U.S. Constitution but the State Constitution of Illinois. When Schmerber was over turned by the SCOUS it was not retroactive.
Don't blame the cops.....if the cops had gone to a judge to get a warrant in this case the judge tossed them out chambers telling them they didn't need a warrant, and the judge would have been right.
Hey, cops get paid by the hour. Go get a warrant. When I was cop I enjoyed going over to the judges house at oh-dark-thirty, rousing them from their warm beds to read a ten affidavit in a marijuana case.
courts are suppose to INTERPRET the law, not make their own laws.
I refuse to do anymore 501's. Just a waste of time.
Why doesn't Cook County have arrangements in place for 24 hour warrants "on demand" for circumstances like this? The judges could rotate shifts like many other occupations do - why not?
Yes, I'm sure Judge Luckman would love to be woken up at 3AM for a warrant!!
Didn't Fox say something about not wanting to waste time on DUI's and traffic.....There you have it. Funny how all that is connected.
How many of you attempted to obtain an arrest warrant? Consult with Felony Review, (Oh they don't like that, they want a statement), prepare reams of paperwork for court, find judge. This guy would be over his hangover by then.
12/29/2017 06:25:00 AM
Anonymous Anonymous said...
The timeliness of a kit blood draw is important. But you’ll be hard pressed to find a nurse to do it without consent. Even if they do cause GBH or death. The nurses don’t get it sometimes. At least at Sinai. If you can’t get it, especially now with this “change” just have the asa subpoena the blood that was drawn. Usually if dude is going to the hospital they will draw blood for other reasons. The b.a.c. will still show no matter how old the blood is. But if not properly stored in a refrigerated environment, after time the bac can drop, slightly...like .02, even tho the blood is preserved with a sodium fluoride preservative. The alcohol converts into acetaldehyde. So...sooner the bac is tested the better. I’m sure MADD will be very..mad..about this. Very mad.
Guarantee that if this jagoff would’ve killed one of those judges’ family members that this would not be an issue. Remember. Don’t ever vote Democrat. They don’t care, they have no morals, and there is no bottom that they won’t sink to.
Think the nurses get it, but they may be watching too much TV Like when the police say I’ll be back with a warrant in 15 minutes. Doesn’t happen that way Think that nurse that refused and was grabbed by the detective received a settlement of over $150,000
Anonymous Anonymous said...
Why doesn't Cook County have arrangements in place for 24 hour warrants "on demand" for circumstances like this? The judges could rotate shifts like many other occupations do - why not?
12/29/2017 02:31:00 AM
Having an on call immediately available judge is a great idea. Not just for a traffic situation but other searches that need a warrant at 3 in the morning. Maybe the media can ask Evans why Cook County does not do that. This effects every police department in the state.
How far back can they go on these cases? See quite a few appeals coming and hard to prove DUI with no physical evidence and an offender who didn’t take the visual test because he was either injured or taken to the hospital
I'm all about the Constitution, but in this event, you guys spouting off about getting a warrant are all off track. The Constitution is about establishing individual rights, and the protection of those rights. Driving a vehicle in the State of Illinois however is NOT a right, but rather it is a PRIVILEGE, and one that comes with certain rules "going in", including the Implied Consent rules. Therefore, the rules as written by the legislature take precedence over those that relate to certain individual rights. If you break the rules, you lose the privilege of driving. By obtaining a license and operating a motor vehicle, you have given such implied consent to submit to blood and/or breath alcohol and drug testing. If you don't want that to apply to you, that's no problem, just don't plan on driving. Again, it is NOT a right.
It’s called Illinois complies consent law & DUI testing meaning that when you sign for your license you agree to be tested because driving it’s a privelage not a u.s. constitutional right. I would love to see the laws change and have families sue these judges & asa that allow criminals like this asshole to walk. So what he killed a women & ran over her kid let’s let him walk. So he can kill someone else.
I’m an old retired copper but back in the day we always had a judge to go to for a warrant. Many times they lived in the district or nearby.
we went to their house. I don’t know if this is still the case but all they have to do is assign a judge. Doesn’t even have to leave his/her house.
DUI arrest will go down traffic count is a joke the CPD doesn't care they don't pay OT
The Supreme Court, in a 5-3 ruling last year (14-1468 Birchfield v. North Dakota), says you need a warrant to forcibly draw blood in a DUI investigation. Game over. The same ruling says you do not need a warrant to administer a breathalyzer. Furthermore, CRIMINAL, not just civil (i.e. suspending the driver's license), penalties may be imposed for refusal to take a brethalyzer. Does ILCS provide for criminal penalties for refusal to take a breathalyzer? The appellate court ruling merely followed Supreme Court precedent.
My cynical attitude causes me to ask this question: Who is Ralph Eubanks Clout? Or did the Judge take a very hefty bribe? This is Cook County.Anything is possible in Crook County...
You watch how fast the rules change when it's a judge or politician's family member killed by a dui driver. Especially if the dui driver is an off duty cop. Democrats and hypocrisy go hand in hand.
Every time some Judge over turns, or over rules a conviction, or just flat out dismisses a criminal case, they're just reinforcing a public perception that the law cannot protect them.
Imagine seeing the person that killed one of your loved ones walking around just like anyone else. He/she was convicted of murder and a judge just released him/her.
Please, put me on the jury of the person that kills a murderer.
J.J.
• The judges sent the case back for another trial.
• The court found that only in circumstances where a warrant can’t be obtained in a timely fashion can blood and urine samples be taken forcibly.
• While Eubanks’ aggravated DUI conviction was reversed outright, the court decision means his blood and urine samples will not be part of a new trial for first-degree murder.
• The appeals court also ruled that the trial court erred in not allowing jurors to be informed that they could find Eubanks guilty of reckless homicide rather than first-degree murder.
http://www.illinoiscourts.gov/Opinions/AppellateCourt/2017/1stDistrict/1142837.pdf
I wonder how the courts would have ruled if it was Daley or Burke’s wife and child killed?
Did a new MAUI trainee quit to become an FTO?
You people bitching that the cops should have gotten a warrant are ill informed. In many counties it's as easy as calling up a judge, getting the approval and signature and you are ready to go. In Cook County, it's a lot more cumbersome. You need to go to an ASA and state your case. Then you need to go to a judge. This is after all the paperwork is filled out. I'm telling you, it takes at least 4 hours.
The IMPLIED CONSENT has been around over 25 years and it always stated in case of GBH or death the driver has no choice but to give blood if asked. More recently hospitals wouldn't take blood for GBH but only death. Now we can't even do that. If a drunk runs over pedestrians, the hospital will not take his blood draw because he isn't injured or admitted. He would have to give consent.
These shithole judges are pretty much giving a free pass to drinkers and drivers. This state is such a shithole!!!
Translation: The criminals have more rights that the victims.
"Anonymous Anonymous said...
Sorry, but I agree with the Court on this one. Want to conduct an invasive search of someone? Get a warrant. Arrest them, hold them as long as you legally can - get in touch with a DA/Judge, and get a warrant. Shouldn't be too difficult to swear one out based upon some J/O driving 60-90 MPH and rocketing people a half block in the air...
If that person spits, pisses, passes out and bleeds - capture the evidence they left behind - no warrant for that.
I don't agree with driving drunk at all, but that shouldn't allow ignoring the Constitution.
12/29/2017 02:09:00 AM" Listen ass wipe!! How about you post your phone number on here and the next time some fuck kills someone while DUI drugs we call you and you come to the scene and take a fucking look?? You liberal fucks are all alike!! Keep voting democrat for more of this kind of bullshit!!
It's not like it's that hard to get a warrant in such a case.
So what happens now? Let free and sued? Is there insurance involved? Calling Paul Kelsey some justice is needed. Who was defending lawyer?
Anonymous said...
Sorry, but I agree with the Court on this one. Want to conduct an invasive search of someone? Get a warrant. Arrest them, hold them as long as you legally can - get in touch with a DA/Judge, and get a warrant. Shouldn't be too difficult to swear one out based upon some J/O driving 60-90 MPH and rocketing people a half block in the air...
If that person spits, pisses, passes out and bleeds - capture the evidence they left behind - no warrant for that.
I don't agree with driving drunk at all, but that shouldn't allow ignoring the Constitution.
12/29/2017 02:09:00 AM
Unfortunately this is Crook County Illinois and by the time you get your warrant, dude will have been sober for 3 days. And the evidence you speak of, you'll get that analyzed and back by the Illinois State Crime Lab in 6 months to a year if you're lucky. So like every other crime in this state and county, commit them all you want because there'll be no punishment. Nothing to see here... move along now.
Uh, isn't this offender locked up for vehicular homicide regardless of he had a positive bac or not? And if not, why not. That is my question.
Cook County swears in new judges all the time and they have a seniority system. So the new judges should take turns working a third wand first watch at the court building and getting a warrant approved should be as quick and efficient as getting an arrest report approved, maybe all by phone and fax.
"Bucket of stupid for Christmas". Good one
I don't agree with driving drunk at all, but that shouldn't allow ignoring the Constitution.
12/29/2017 02:09:00 AM
Do you know anything about implied consent? You agreed to it when you sought and accepted your driver's license. Operating a motor vehicle is not a right. It is a granted privilege with restrictions. Look it up.
This should have been the way it was done in the first place. You have no right to my blood or urine without my consent or a court order.
12/29/2017 08:41:00 AM
WRONG! If you do not agree with it, surrender your driver's license because you agreed to implied consent when you accepted your driver's license.
It's not like it's that hard to get a warrant in such a case.
12/29/2017 02:44:00 PM
It is so good to exchange information with a legal scholar from Television Make Believe Law School.
In reality, it is not easy. It is a time-consuming pain in the ass.
Why doesn't Cook County have arrangements in place for 24 hour warrants "on demand" for circumstances like this? The judges could rotate shifts like many other occupations do - why not?
12/29/2017 02:31:00 AM
Having an on call immediately available judge is a great idea. Not just for a traffic situation but other searches that need a warrant at 3 in the morning. Maybe the media can ask Evans why Cook County does not do that. This effects every police department in the state.
——————————————————————————————————-
How long have you guys been cops for? There is always an on call judge that you can reach out to at any hour to get a warrant signed. Talk to your ASA.
Anonymous Anonymous said...
I’m an old retired copper but back in the day we always had a judge to go to for a warrant. Many times they lived in the district or nearby.
we went to their house. I don’t know if this is still the case but all they have to do is assign a judge. Doesn’t even have to leave his/her house.
12/29/2017 10:16:00 AM
-------------------------------------------------------------------------------
I remember this, also. Remember getting a dope SW signed. Had to go to the Judge's house in Glenview. Couldn't find his house (this was before Google, MapQuest)so we go to the Glenview PD, which had a drive up window. They wanted to know why we wanted that address, until we ID'ed ourselves. When the 3 of us showed up, the Judges kids were scared of us because of our looks. He told them, it's ok, these guys are Police. I even showed my star to the 12-13 you daughter, who was amazed at our long hair, beards, clothes.
BTW, Judge (can't remember his name) was a good guy, and was the "on call Judge" for that weekend.
Anonymous Anonymous said...
This should have been the way it was done in the first place. You have no right to my blood or urine without my consent or a court order.
12/29/2017 08:41:00 AM
WRONG! If you do not agree with it, surrender your driver's license because you agreed to implied consent when you accepted your driver's license.
12/29/2017 05:52:00 PM
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Please tell me you’ve never made a DUI arrest in your life, because that would forgive your ignorance.
Implied consent is part of the driver licensing law. It is an administrative sanction by the Secretary of State, whereby if you do not consent, there are consequences in your licensure. It does not grant police the right to a warrantless search of a person, such as obtaining blood or urine. For that, you have the right to arrest based on probable cause. While you are with the driver, someone should be running a search warrant to the on-call judge which will allow these samples to be taken. If the hospital staff still refuses (their oath is to “do no harm” - I assure you that in today’s litigious world hospital staff are more concerned with the perceived implications of drawing blood while you forcibly strap someone into restrainsts), then it is up to the court to hold them in contempt of a judge’s order. The responsibility is no longer on you. Pre-printed DUI body search warrant forms are available online. Speak to your traffic unit or legal department about which to use. The exigency circumstances due to the dissipation of evidence argument has been shut down by the courts, as has the taking of samples from unconscious patients who are not able to hear the WTM and refuse. What your department should have is an on-call phlebotomist insured by CPD who understands the law and is fine with taking the blood even while the driver is restrained. Their services might be utilized 2 times a year. But if those 2 times bring closure to the families of victims murdered by drunk drivers, they’re worth it. Now try convincing CPD of that. Good luck.
For those of you saying “just subpoena the hospital records of the driver” - that’s assuming the driver went to the hospital. If a guy plows through a couple of pedestrians and is caught later, there likely will be no hospital admission. In that case getting the warrant also applies. Drugs stay in urine longer than alcohol does in blood. They are present in hair samples even longer. There are many ways to obtain the evidence you need.
Any good cop can say the right words to get a shithead to swing on them. At which time said shithead would probably have to be admitted to the hospital when his actions are dealt with accordingly. At which time a blood draw can be suggested, the records of which can be subpoenaed later. Now you have a drunk driver who fights with police and the resulting labs to exonerate you and convict him.
Anonymous said...
It's not like it's that hard to get a warrant in such a case.
I can see you haven’t tried to get many warrants, especially in a timely manner when the alcohol and drugs are wearing off
Disgusting. Say what you will about them, but this shit isn't tolerated in most other countries, including the more liberal western euro ones. Criminals are held accountable. Not here in Shit City though. Carry on. Nothing to see here. smfh
How long have you guys been cops for? There is always an on call judge that you can reach out to at any hour to get a warrant signed. Talk to your ASA.
12/30/2017 06:57:00 AM
It is very apparent you do not work in the city of Chicago, and probably do not work in Cook County. Resistance from the SA's office through to the democrat judge is brutal. Do it once and you will wonder why you ever bothered.
Please tell me you’ve never made a DUI arrest in your life, because that would forgive your ignorance.
Implied consent is part of the driver licensing law. It is an administrative sanction by the Secretary of State, whereby if you do not consent, there are consequences in your licensure. It does not grant police the right to a warrantless search of a person, such as obtaining blood or urine. For that, you have the right to arrest based on probable cause. While you are with the driver, someone should be running a search warrant to the on-call judge which will allow these samples to be taken. If the hospital staff still refuses (their oath is to “do no harm” - I assure you that in today’s litigious world hospital staff are more concerned with the perceived implications of drawing blood while you forcibly strap someone into restrainsts), then it is up to the court to hold them in contempt of a judge’s order. The responsibility is no longer on you. Pre-printed DUI body search warrant forms are available online. Speak to your traffic unit or legal department about which to use. The exigency circumstances due to the dissipation of evidence argument has been shut down by the courts, as has the taking of samples from unconscious patients who are not able to hear the WTM and refuse. What your department should have is an on-call phlebotomist insured by CPD who understands the law and is fine with taking the blood even while the driver is restrained. Their services might be utilized 2 times a year. But if those 2 times bring closure to the families of victims murdered by drunk drivers, they’re worth it. Now try convincing CPD of that. Good luck.
For those of you saying “just subpoena the hospital records of the driver” - that’s assuming the driver went to the hospital. If a guy plows through a couple of pedestrians and is caught later, there likely will be no hospital admission. In that case getting the warrant also applies. Drugs stay in urine longer than alcohol does in blood. They are present in hair samples even longer. There are many ways to obtain the evidence you need.
Any good cop can say the right words to get a shithead to swing on them. At which time said shithead would probably have to be admitted to the hospital when his actions are dealt with accordingly. At which time a blood draw can be suggested, the records of which can be subpoenaed later. Now you have a drunk driver who fights with police and the resulting labs to exonerate you and convict him.
12/30/2017 08:04:00 AM
Your ignorance astounds me. I would address each point of your foolishness, but better you go about your way and me not to bother because it will certainly be a futile expense of time and energy. However, the best of the laughs you gave me was when I read, "Their services might be utilized 2 times a year." Oh brother! It is apparent you know nothing about Chicago or urban policing. Try 2 times a night. Now, go back to the holler, Gomer.
As an avg. Joe citizen, I am not about to immerse myself in volumes of legalese to give a so called implied consent. Unless my consent is direct, it is no consent at all PERIOD. And so called implied consent in no way overrides my constitutional and human rights as a sovereign individual.
Why isn't this guy in prison for killing someone regardless of whether or not he was drunk? This implied consent argument in this case is a false argument by the police state for not convicting this guy of homicide or manslaughter.
Anonymous Anonymous said...
How long have you guys been cops for? There is always an on call judge that you can reach out to at any hour to get a warrant signed. Talk to your ASA.
12/30/2017 06:57:00 AM
It is very apparent you do not work in the city of Chicago, and probably do not work in Cook County. Resistance from the SA's office through to the democrat judge is brutal. Do it once and you will wonder why you ever bothered.
12/30/2017 04:02:00 PM
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Try the Cook County Sixth Municipal District, Markham Courthouse. I assure you, from experience, several task force groups regularly get all sorts of warrants signed by judges at all hours of the night (cell phones, no-knock warrants, vehicle searches, etc. - many of them for suspects who live in Chicago). You guys in Chicago are so sure of yourselves, like no one else is the police or knows how to run an investigation. That might by why you get so much static.
Anonymous Anonymous said...
How long have you guys been cops for? There is always an on call judge that you can reach out to at any hour to get a warrant signed. Talk to your ASA.
12/30/2017 06:57:00 AM
Different rules. Not that easy in Chicago. Double standard
2/29/2017 02:09:00 AM" Listen ass wipe!! How about you post your phone number on here and the next time some fuck kills someone while DUI drugs we call you and you come to the scene and take a fucking look?? You liberal fucks are all alike!! Keep voting democrat for more of this kind of bullshit!!
12/29/2017 01:43:00 PM
Dial Two Two Two twenty two twenty twooooooo.
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