We'll Pay To Swab Your Mouth

Posted by Alan Woodland | Jan 06, 2014 | 0 Comments

...And We Won't Tell The Officer Over There To Arrest You

The government has employed another information gathering technique in the metro. I first heard of it in Oklahoma City in 2013. It is a violation of your Fourth Amendment rights. The trend uses off-duty officers, in uniform, to flag motorists to the side of the road. Once there, a government contractor asks drivers to take part in a voluntary survey. Questions probe the drivers use of alcohol and even offer payment to take saliva or breath samples. Supposedly, the surveyor doesn't notify police of any data given... in confidence. Supposedly, if someone refuses to participate, they are free to leave without being tailed.

In a previous post, I briefly discussed checkpoints. Is there an exception to the Fourth that provides for surveys? Should the police force be employed to pull you over without "reasonable suspicion" or "probable cause" that a crime is being committed? I think not.

About the Author

Alan Woodland

Alan devotes 90% of his practice to the defense of DUI - APC - Possession - Gun Charges in Oklahoma. "I know what to look for and how to defend against it."


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