By James Baxter, NMA President The Fourth Amendment to the US Constitution has been strangled with convoluted legal rationalizations, riddled with bullets in the form of Supreme Court decisions and drawn and quartered by “creative” law enforcement interpretations. This old and oft referred to amendment, an attempt to protect the privacy and property rights of […]
274 Blog Posts From the DUI/DWI Tag
Breath-Alcohol Analysis: How Reliable Is It?
By Gerald D. Simpson, Ph.D. In a 1983 law review article, Stephen G. Thompson observed the following: “Modern criminal justice is premised upon the requirement that a criminal defendant be proved guilty beyond a reasonable doubt before punishment can be meted out. This standard of proof is severe; its severity is based upon a collective […]
5 Federal Court Cases That Weakened The 4th Amendment
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” – […]
5 Things You Need To Know About Roadblocks
Q. Are roadblocks legal? A. The US Supreme Court has found roadblocks to be legal for a variety of purposes, the most prominent being so-called “sobriety check points.” There is a longer history of roadblock approvals related to checking vehicles near or at national border crossings. However, many state courts take a less favorable view […]
What Everyone Should Know About The Drunk Driving Problem
We frequently hear that drunk drivers “cause 50% of all highway fatalities.” This falls into the category of “tell a big enough lie long enough and loud enough and people will believe it.” The truth is closer to 10% of all highway fatalities are caused by drunk drivers. This certainly isn’t good, but let’s at […]
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