William B. Mange

Criminal Defense Lawyer in Austin, Texas

Criminal Law Blog

October 23, 2009

It is good to see that the City Council’s stand on needle-wielding police is against, not for police to also be authorized to take blood samples.

It’s a topic I touched on in a Blog I wrote more than 3 years ago, when the City of Dalworthington Gardens started permitting its officers to become trained to take blood samples from suspects of DWI. The issue there was whether that city’s practice would lead to more lawsuits.

Frankly, it did not occur to me that public opinion would swing against anything that the police might do to enforce laws prohibiting DWI.

It’s a pleasure to see. Maybe George W. Bush didn’t kill off the 4th Amendment after all.

But Mr. Bush left Chief Justice John Roberts behind, who will see to it that 4th Amendment rights are slowly strangled even further. Strictly speaking, Justice Roberts’ view was that the U.S. Supreme Court should have reviewed Harris v. Commonwealth of Virginia, a Virginia decision holding that an anonymous tip alone,

without the officer seeing any illegal or erratic driving, is not enough to pull over the driver. The Virginia Supreme Court was following U.S. Supreme Court precedent.

Chief Justice Roberts’ view was expressed so strongly that he left little doubt as to how he would decide the case. His thumb is on the windpipe of the 4th Amendment. Be careful.

William B. Mange

Criminal Defense Lawyer in Austin, Texas

Criminal Law Blog

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