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Monday, 12/23/2013 3:41:41 PM

Monday, December 23, 2013 3:41:41 PM

Post# of 1033
Fort Worth Medical Samples ~ Voluntary or Police Seizure?

The Fort Worth Police Department (FWPD) installed the roadblock north of the city during daytime traffic. They flagged down some motorists at random and asked them to give breath, saliva, and blood samples. The FWPD claims the effort was “100 percent voluntary” and anonymous.

It acknowledges that most of the drivers had broken no law, but it said the effort was valuable to federal contractors working to complete a 3 year, $7.9M USD survey on behalf of the The National Highway Traffic Safety Administration (NHTSA) aimed a collecting medical data for use in combatting drunk driving.

But some of the motorists who submitted samples are outraged saying that the program infringed on their Constitutional rights and that the FWPD’s “please” did not make it clear that the seizure of medical samples was “voluntary”.

Kim Cope — one of those sampled – claims to a local NBC affiliate that the police acted like she would not be allowed to continue until she allowed the contractors to seize the samples. She comments:

It just doesn’t seem right that you can be forced off the road when you’re not doing anything wrong. I gestured to the guy in front that I just wanted to go straight, but [the officer] wouldn’t let me and forced me into a parking spot.

They were asking for cheek swabs. They would give $10 for that. Also, if you let them take your blood, they would pay you $50 for that. I finally did the Breathalyzer test just because I thought that would be the easiest way to leave.

She received no money and only consented to participate because she said she felt trapped. But it might have not mattered anyways, as you will soon discover.

II. Read the Small Print — Drivers Who Said no Were Tested Anyways

FWPD admitted that some drivers might have been inadvertently confused by the program and not realized that any of the samples — including the breathalyzer sample — were voluntary. FWPD spokesperson Sgt. Kelly Peel comments:

We are reviewing the actions of all police personnel involved to ensure that FWPD policies and procedures were followed. We apologize if any of our drivers and citizens were offended or inconvenienced by the NHTSA National Roadside Survey. But local attorney Frank Colosi says the search constituted an unconstitutional search and seizure. He comments: “You can’t just be pulled over randomly or for no reason. [The FWPD] essentially [lied] to [motorists] when they say it’s completely voluntary, because they’re testing [them] at that moment.”

His comment refers to a surprise twist in the case. Apparently on the consent form that officers gave “voluntary” participants fine print informed the driver that “passive alcohol sensor readings before the consent process has been completed.”

Now The End Begins

It’s unclear whether drivers could ask for that data to be deleted if they didn’t want it to be collected, but what is clear is that most drivers did not notice the fine print or were unable to read it. As a result what the FWPD claimed was a “voluntary” scientific study became what appears to be an involuntary search of citizens who were breaking no law. source – Daily Tech


http://beforeitsnews.com/the-law/2013/12/warning-obama-rolling-out-dna-checkpoints-trail-balloon-across-america-graphic-videos-2454422.html



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