85SugarVol
I prefer the tumult of Liberty
- Joined
- Jan 17, 2010
- Messages
- 35,641
- Likes
- 71,600
I like that in Knox that the detainee must be taken to an actual medical facility.They don’t have the ability to “do whatever they want”. You make it sound like officers literally are taking blood from 100 people on a roadblock and that’s not what’s happening. In Knox county local jurisdictions take their prisoners to UTMC ED where Labcorp draws blood for them there. The only way this “moving” blood draw would really come into play is for THP who aren’t near any type of hospital
The roadside cash and physical property seizures are bad enough.That is correct. But even with that said, that should not be a reason for the state to have the ability to do whatever they want on the road to citizens.
Again, just because something is made legal, that doesn't make it right or just. Cops can take cash and take blood from you on the side of the road... what is the next step?
They don’t have to be taken to a medical facility. They also have nurses at the jail. There is a contract and it’s quicker at UTI like that in Knox that the detainee must be taken to an actual medical facility.
Now let’s make sure we get the detainee actually in front of a judge, and we’re not dispensing justice via conference call.
Just because I know what the law is doesn’t mean I don’t see what is happening under the color of law. False pc, the blue line, false reports, excessive use of force and loss of QI are now out in the light of day more than ever. It’s getting harder to hide. It still means that some are not of proper training and temperament to be police officers. There are good officers who do not go outside their oath. I know many of them and they are honest men. The “others” who are smarmy could care less about individual inalienable rights. They need the boot.Here is the problem, for lack of a better term, we are seeing mission creep. We're seeing more and more gradual intrusion into how they conduct their business. Blood drawing is a step too far and it is going in the wrong direction. So now, that opens the door for even more intrusive measures in the name of safety. And we have already seen how far they are willing to go in the name of safety with regards to COVID.
Sure, but if you want to drive, board a flight, be gainfully employed and a countless number of other things, you have to have some form of ID. There’s no law on the books that says everyone must have ID but good luck without one.Everyone has a choice. You do realize there are millions of people who don’t drive or own a car in this country
I feel the violence every time I go the DMV and fill out my renewal forms. Lucky I’ve made it out alive with those brutal animals
Law professors and lawyers instinctively shy away from considering the problem of law’s violence. Every law is violent. We try not to think about this, but we should. On the first day of law school, I tell my Contracts students never to argue for invoking the power of law except in a cause for which they are willing to kill. They are suitably astonished, and often annoyed. But I point out that even a breach of contract requires a judicial remedy; and if the breacher will not pay damages, the sheriff will sequester his house and goods; and if he resists the forced sale of his property, the sheriff might have to shoot him.
This is by no means an argument against having laws.It is an argument for a degree of humility as we choose which of the many things we may not like to make illegal. Behind every exercise of law stands the sheriff – or the SWAT team – or if necessary the National Guard. Is this an exaggeration? Ask the family of Eric Garner, who died as a result of a decision to crack down on the sale of untaxed cigarettes. That’s the crime for which he was being arrested. Yes, yes, the police were the proximate cause of his death, but the crackdown was a political decree.The statute or regulation we like best carries the same risk that some violator will die at the hands of a law enforcement officer who will go too far. And whether that officer acts out of overzealousness, recklessness, or simply the need to make a fast choice to do the job right, the violence inherent in law will be on display. This seems to me the fundamental problem that none of us who do law for a living want to face.But all of us should.
But absent the law that required the cops to crack down on untaxed cigarettes, they’d have no reason to contact him.Eric garner didn’t die because he was seeking cigarettes. He died because he was resisting arrest and during the struggle his heart which was damaged from drug use and obesity gave out
His initial contact was because he was involved in a fight they were called to. I understand your point though because they recognized him for his many many times of breaking said lawBut absent the law that required the cops to crack down on untaxed cigarettes, they’d have no reason to contact him.