FT 12.18 – Amendment to the Peaceful Streets Act (Awaiting signature)

[Unconditional Surrender Truman]

AN ACT
To prohibit Regional, State, and Local police officers from ordering blood draws from unconscious DUI suspects without a warrant

Section 1: Title

This legislation may be cited as the Amendment to the Peaceful Streets Act or Mitchell's Law.

Section 2: Requiring a judicial warrant prior to the taking of an unconscious person's blood

Whereas, unconscious persons shall retain their right to bodily autonomy, Section II of the Peaceful Streets Act is hereby amended:

1.) No Regional, State, or Local law enforcement officer in the Commonwealth shall enter upon the real property of a person to view or record the data on a meter measuring electrical usage, unless the law enforcement officer has the express consent of the real property owner or a person who resides full time at the real property, or unless the law enforcement officer has a lawful warrant issued by a judge or magistrate with appropriate jurisdiction.

2.) No Regional, State, or Local law enforcement officer in the Commonwealth shall implant or attach any device used for the purpose of tracking or recording geographic location via satellite to any person, privately owned vehicle, aircraft, or vessel, or any other privately owned personal property, unless the law enforcement officer has a lawful warrant issued by a judge or magistrate with appropriate jurisdiction.

3.) No Regional, State, or Local law enforcement officer in the Commonwealth shall use unmanned drones for the purpose of tracking a person or a privately owned vehicle, aircraft, or vessel, unless the law enforcement officer has a lawful warrant issued by a judge or magistrate with appropriate jurisdiction, or if there is probable cause that the person, vehicle, aircraft, or vessel is fleeing from the location of recently committed crime.

4.) No Regional, State, or Local law enforcement officer in the Commonwealth shall detain or arrest any person for the mere filming of a law enforcement officer in a public place, unless the person filming physically obstructs the law enforcement officer from exercising their lawful duties.

5.) No Regional, State, or Local law enforcement officer in the Commonwealth shall detain or arrest any person for the mere utterance of lawful speech or gesturing of the hands or tongue. For the purposes of this sub-section, the extension of a person's middle finger shall not constitute obscenity.

6.) No Regional, State, or Local law enforcement officer in the Commonwealth shall order or initiate the drawing of blood from an unconscious person unless the law enforcement officer has a lawful warrant issued by a federal judge or magistrate with appropriate jurisdiction.

6.) 7.) Any person in the Commonwealth who injures or kills a law enforcement officer, shall not be prohibited from raising the affirmative defenses of self-defense or defense of others, provided it is first determined, by clear and convincing evidence that the law enforcement officer was knowingly acting in an unlawful manner, or if it is first determined beyond a reasonable doubt that the law enforcement officer did not identify his or herself as a law enforcement officer, and the person being charged did not believe that the person injured or killed was a law enforcement officer at the time.

7.) 8.) The surviving spouse of any Regional, State, or Local law enforcement officer in the Commonwealth who is killed in the line of duty shall be presented with a folded flag of the Commonwealth of Fremont. If the slain officer does not have a living spouse, the flag shall be presented to the officer's next of kin.

8.) 9.) It is the position of the Commonwealth of Fremont that all localities in the Commonwealth should grant a one-year exemption from property taxes to any surviving spouse of any Regional, State, or Local law enforcement officer in the Commonwealth who is killed in the line of duty.

9.) 10.) No uniformed law enforcement officer in the Commonweath shall conceal their badge while on duty nor raise the hood of a police vehicle during a traffic stop for the purpose of blocking a dashboard camera.

Sponsor: Scott, FM

The first minister has the floor.

[The world will shine with light in our nightmare]

This is basically a regional version of the law I advocated for in Congress, which is headed toward passage:

The IRL Supreme Court recently passed a ruling in a 5-4 decision affirming the drunk-driving conviction of Gerald Mitchell, who was administered a warrantless blood test while he was unconscious.

The bill that is currently on the floor of the Senate reaffirms a reasonable expectation of privacy of one of the most fundamental rights people hold in a free society.  Accordingly, Section §1.8 of our Constitution prohibits warrantless searches, with few exceptions.  The police in the SCOTUS case cited violated that right when they drew Mr. Mitchell's blood as he was unconscious, in order to test his blood alcohol level in the event of a drunk-driving arrest.  The state has attempted to excuse the officers' actions by citing an implied-consent statute, which provides that simply driving on state roads constitutes consent to such searches.

While the right to privacy is not absolute and police are allowed to search for evidence of a crime, law enforcement must follow procedures that comport with our Constitution.  Before police conduct a search, in instances where the affected party cannot consent, the evidence should be judged by a neutral and detached magistrate, instead of being judged by the officer present at the scene of the alleged crime.  Our Constitution contains a simple requirement for law enforcement that is an effective bulwark against unreasonable searches, and that requirement is to get a warrant.

Unfortunately for Mr. Mitchell, he was unconscious during the drawing of his blood and therefore could not give his affirmative consent to be subject to a blood test, which is standard procedure for individuals who are accused of driving while intoxicated.  By affirming the drunk-driving conviction of Mr. Mitchell, the US Supreme Court gave police officers the green light to freely collect evidence which can normally only be obtained via freely-given consent - that evidence, of course, being one's bodily fluids.

With this, I concur with the Cato Institute, which joined the Rutherford Institution in filing an amicus brief in support of Mr. Mitchell's petition, that unconscious people simply cannot consent to anything, especially police searches, and that inspecting a coal mine for safety compliance - a justified exception to warrantless searches - is not the same as searching a driver's blood in an attempt to convict him of a DUI.

As such, I thank Senator Devout Centrist for introducing this bill on my behalf, and I urge the Senate to pass this bill for the fair and equal application of the law as prescribed by our Bill of Rights.

[Unconditional Surrender Truman]

This strikes me as reasonable. Presumably, if there were a pressing medical need to draw blood from an unconscious person, such could be performed by a paramedic —which is the only situation in which I could see such an operation being justifiable.

[Unconditional Surrender Truman]

<crickets>

So I guess I'll move for a vote, since apparently no-one has anything more to add.

[Unconditional Surrender Truman]

Seeing no objection, we proceed to a vote. Members will vote Aye, Nay, or Abstain. Voting will last 48 hours or until all members have voted.

[🐒Gods of Prosperity🔱🐲💸]

This strikes me as reasonable. Presumably, if there were a pressing medical need to draw blood from an unconscious person, such could be performed by a paramedic —which is the only situation in which I could see such an operation being justifiable.

Sorry, I didn't see thread at all until now. 

Since law enforcement officers are first responders, and may have medical training, I think we should limit this law. 

If possible I would like to put forward an amendment replacing the text with something more narrowly suited to the issue of concern:

changing
"6.) No Regional, State, or Local law enforcement officer in the Commonwealth shall order or initiate the drawing of blood from an unconscious person unless the law enforcement officer has a lawful warrant issued by a federal judge or magistrate with appropriate jurisdiction."

to

6.) No blood drawn from an unconscious person shall be usable as evidence to incriminate such person, unless the collection of that blood be pursuant to a lawful warrant issued by a federal judge or magistrate with appropriate jurisdiction.

[The world will shine with light in our nightmare]

Motion to suspend the rules and suspend the ongoing vote so that shua's amendment may be added.

[Unconditional Surrender Truman]

I advise the first minister to invoke Article VI§2 of the Standing Orders to suspend the rules unilaterally so that we may immediately bring Shua's amendment forward without need for a vote on the motion to suspend division.

I thank the Member from Alaska for his input on this matter and find the amendment reasonable and appropriate.

[The world will shine with light in our nightmare]

I move to invoke Article VI§2 of the Standing Orders.

[Unconditional Surrender Truman]

Very well. The final vote on FT 12.18 is suspended in lieu of an objection from any member.

An amendment has been offered by the member from Alaska. Members have 24 hours to object.

[Unconditional Surrender Truman]

Seeing no objection, the amendment is adopted.

Does that cover everything, then?

[Unconditional Surrender Truman]

I move for a final vote. Members have 24 hours to object.

[Unconditional Surrender Truman]

Seeing no objection, we proceed to a vote. Members will vote Aye, Nay, or abstain. Voting will last 48 hours or until all members have voted.

[Unconditional Surrender Truman]

Aye!

[The world will shine with light in our nightmare]

Aye.

[AustralianSwingVoter]

Aye

[🐒Gods of Prosperity🔱🐲💸]

Aye

[Unconditional Surrender Truman]

With four votes in favor and none opposed, the resolution passes.

[The world will shine with light in our nightmare]

AN ACT
To prohibit Regional, State, and Local police officers from ordering blood draws from unconscious DUI suspects without a warrant

Section 1: Title

This legislation may be cited as the Amendment to the Peaceful Streets Act or Mitchell's Law.

Section 2: Requiring a judicial warrant prior to the taking of an unconscious person's blood

Whereas, unconscious persons shall retain their right to bodily autonomy, Section II of the Peaceful Streets Act is hereby amended:

1.) No Regional, State, or Local law enforcement officer in the Commonwealth shall enter upon the real property of a person to view or record the data on a meter measuring electrical usage, unless the law enforcement officer has the express consent of the real property owner or a person who resides full time at the real property, or unless the law enforcement officer has a lawful warrant issued by a judge or magistrate with appropriate jurisdiction.

2.) No Regional, State, or Local law enforcement officer in the Commonwealth shall implant or attach any device used for the purpose of tracking or recording geographic location via satellite to any person, privately owned vehicle, aircraft, or vessel, or any other privately owned personal property, unless the law enforcement officer has a lawful warrant issued by a judge or magistrate with appropriate jurisdiction.

3.) No Regional, State, or Local law enforcement officer in the Commonwealth shall use unmanned drones for the purpose of tracking a person or a privately owned vehicle, aircraft, or vessel, unless the law enforcement officer has a lawful warrant issued by a judge or magistrate with appropriate jurisdiction, or if there is probable cause that the person, vehicle, aircraft, or vessel is fleeing from the location of recently committed crime.

4.) No Regional, State, or Local law enforcement officer in the Commonwealth shall detain or arrest any person for the mere filming of a law enforcement officer in a public place, unless the person filming physically obstructs the law enforcement officer from exercising their lawful duties.

5.) No Regional, State, or Local law enforcement officer in the Commonwealth shall detain or arrest any person for the mere utterance of lawful speech or gesturing of the hands or tongue. For the purposes of this sub-section, the extension of a person's middle finger shall not constitute obscenity.

6.) No blood drawn from an unconscious person shall be usable as evidence to incriminate such person, unless the collection of that blood be pursuant to a lawful warrant issued by a federal judge or magistrate with appropriate jurisdiction.

6.) 7.) Any person in the Commonwealth who injures or kills a law enforcement officer, shall not be prohibited from raising the affirmative defenses of self-defense or defense of others, provided it is first determined, by clear and convincing evidence that the law enforcement officer was knowingly acting in an unlawful manner, or if it is first determined beyond a reasonable doubt that the law enforcement officer did not identify his or herself as a law enforcement officer, and the person being charged did not believe that the person injured or killed was a law enforcement officer at the time.

7.) 8.) The surviving spouse of any Regional, State, or Local law enforcement officer in the Commonwealth who is killed in the line of duty shall be presented with a folded flag of the Commonwealth of Fremont. If the slain officer does not have a living spouse, the flag shall be presented to the officer's next of kin.

8.) 9.) It is the position of the Commonwealth of Fremont that all localities in the Commonwealth should grant a one-year exemption from property taxes to any surviving spouse of any Regional, State, or Local law enforcement officer in the Commonwealth who is killed in the line of duty.

9.) 10.) No uniformed law enforcement officer in the Commonweath shall conceal their badge while on duty nor raise the hood of a police vehicle during a traffic stop for the purpose of blocking a dashboard camera.