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Pennsylvania & Texas Drivers Stopped at Roadblock Asked for Saliva
streaker69;130163 Wrote:
twency;130162 Wrote:The police don't have to have been actually taking the samples for their presence to have been unlawfully coercive.

I think it's going to be a really tough case to prove. If we as gun owners can't even get the illegal seizure and search of firearms stopped through the courts, do you really think this has any chance?

I know the attorney who filed the case so I'm biased, but yes I think he has a chance.

Edited to add, I think this is particularly relevant (from the lawsuit):
Quote:Nieves reasonably believed under the totality of the circumstances that he was being stopped by the Reading Police Department because of the flashing lights of the police car on the street, the fluorescent orange cones on the street and in the parking lot, and the presence of a police car in the parking lot that was occupied by a police officer.

There is very clear caselaw on what sorts of traffic stops are and are not permissible under the Fourth Amendment. This doesn't fall into a gray area, it is plainly illegal under existing precedent. (I don't have special knowledge about this case although I happen to know the attorney. My comments are based on the public filings linked in the article and my own layman's understanding of the law.)
I am not a lawyer.
being forced off the road into a parking lot doesn't sound very voluntary to me...

I hope he wins.

RocketFoot's Minion since 09-07-2012
bigdawgbeav;130312 Wrote:being forced off the road into a parking lot doesn't sound very voluntary to me...

I hope he wins.

Agreed. It didn't look like motorists had a choice to keep going or to go around the cones, at least from news accounts. Is this actionable under "color of law" rulings?

Once in the parking lot and told it was voluntary, how many refused? Did anyone refuse to stop?

As soon as you tell me it's voluntary, I'm saying no and you probably ought to leave me alone and let me be on my way post haste.
I don't suffer from insanity.
I enjoy every minute of it.

Quote:Berks officials say news of cheek-swab traffic stop, lawsuit a surprise

Friday January 3, 2014 12:01 AM
By Mary Young

Berks County officials did not know drivers were forced off Laurel Street last month for a survey on driving habits until a concerned Reading resident brought it to their attention, officials said Thursday.

I am not a lawyer.
From the article in the original link:

"You can't just be pulled over randomly or for no reason," said attorney Frank Colosi.

He also noted the fine print on a form given to drivers informs them their breath was tested by "passive alcohol sensor readings before the consent process has been completed."

"They're essentially lying to you when they say it's completely voluntary, because they're testing you at that moment," Colosi said.

If this was also done in Reading, I think he's got a leg to stand on.
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