The Vampire State Draws Blood
July 3, 2014 by William N. Grigg
This article was originally published by Pro Libertate.Â
Shigeru Mizuki, a historian and manga artist, has described a World War II muster call in which pilots were invited to volunteer for a kamikaze operation. Each was handed two ballots; one of them read â€świlling,â€ť the other, â€śvery willing.â€ť Those who didnâ€™t â€śvolunteerâ€ť would be killed.
Imperial Japan, of course, was neither the first nor the last despotism to impose this eccentric vision of volunteerism. During the mid-1980s, a state radio broadcast in East Germany proudly announced a record-breaking national blood drive. In the audio equivalent of fine print could be found the critical, defining detail: â€śMost of the donors were volunteers.â€ť
To celebrate what used to be called Independence Day, police in Oregon have announced a â€śno refusalâ€ť initiative for the Fourth of July weekend. Motorists who refuse to â€śvolunteerâ€ť for a Breathalyzer test will be subjected to an immediate involuntary blood test, which will take place either at the side of the road, at a nearby medical facility or in a jail. Prosecutors and judges will be on call to rubber-stamp police requests for a blood draw warrant.
By treating the right to travel as if it were a state-granted privilege, the regime and its affiliates created a concept called â€śimplied consent.â€ť This amounts to a plenary waiver of individual rights for anybody who receives a State-issued driverâ€™s license.
Under â€śimplied consent,â€ť police throughout the soyuz — like their East German antecedents — can detain any driver at their discretion, conduct a warrantless search of the driver’s vehicle and compel the driver to undergo a â€śchemical testâ€ť for alcohol, by way of either a Breathalyzer or the more invasive method of a bodily fluid test: blood or urine.
Refusal to submit to this procedure will generally lead to summary arrest for â€śper se intoxication.â€ť Furthermore, as one legal advice website warns, â€śUnder implied consent laws, in most states a driver’s license is automatically suspended for up to one year, even if the motorist is not found guilty of DUI.â€ť
So, in the East German sense of the expression, those of us who have driver’s licenses have “volunteered” to be stopped, interrogated and searched and to surrender bodily samples at the whim of a DUI enforcement officer.
Under this totalitarian approach, â€śdue processâ€ť consists of immediate judicial ratification of a police demand for self-incriminating evidence. The Breathalyzer is a notoriously unreliable technology, and police will readily admit as much — but only when that otherwise infallible device produces test results that exonerate a driver. The threat of an involuntary blood draw is being used to extort compliance with a scientifically invalid testing protocol — which in some cases simply serves as a prelude to even greater violations, including â€śrape by instrumentalityâ€ť and torture.
In October 2011, a Federal district court for southern Indiana dismissed a lawsuit filed by Jamie Lockard. Lockard passed a Breathalyzer test but was kidnapped, caged and subjected to object rape by officer Brian Miller, who was shielded from accountability by invoking the mystical concept of â€śqualified immunity.â€ť
Lockard was ambushed by Miller after supposedly running a stop sign. At the direction of his armed captor, who claimed to smell alcohol on Lockardâ€™s breath, the motorist performed a Breathalyzer test, which returned a blood alcohol concentration (BAC) of 0.07 — well below the legal limit. Rather than releasing the victim — perhaps after handing him a ransom note (also called a â€ścitationâ€ť) — Miller shackled him and faxed a search warrant application to a local judge, who approved the request within a few minutes. Since this happened at about midnight, itâ€™s safe to assume that careful scrutiny of the application wasnâ€™t a priority for the judge.
The driver was taken to Dearborn County Hospital and ordered to pee into a cup. When performance anxiety made this impossible, Lockard was charged with â€śobstructionâ€ť — a class D felony — because â€śhe refused to voluntarily give a urine sample.â€ť That charge reflects the East German understanding of the term â€śvoluntarily.â€ť Rather than waiting for nature to take its course, Miller and another officer named Michael Lanning pinned him down while a nurse prepared a catheter.
Initially, this act of state-mandated object rape was to involve a straight size 16 Foley catheter. Helpless to resist, Lockard pointed out that he suffers from an enlarged prostate. The nurse opted for a smaller gauge, but this didnâ€™t help: Lockard described the pain he experienced as â€śjust as if somebody would take a burning hot coal and stick it up your penis.â€ť
After being raped, Lockard was caged for several days in order to extract a guilty plea for reckless driving. Rather than being compensated for the injuries inflicted on him, the victim received 180 daysâ€™ probation and a $100 fine, and he was assessed $165 to pay for the privilege of having the court inflict his sentence on him.
In dismissing Lockardâ€™s lawsuit, the appellate court made mention of more than a half-dozen previous cases in which police were allowed to commit forced catheterization in search of ambiguous evidence supposedly lurking in the suspectâ€™s bloodstream. Two of the relevant precedents — Sparks v. Stutler and Levine v. Roebuck — involved forced catheterization of inmates by prison officials. In both of those cases, a district court judge ruled that the procedure was an unwarranted outrage on the victim — only to be reversed by a Federal judge who ruled that object rape of an inmate is covered by the ever-expanding cloak of â€śqualified immunity.â€ť
Lockardâ€™s case was among the first to extend the practice of forced catheterization and similar procedures beyond prison walls into our larger prison society. Violations of the kind he endured are now routinely employed not only for DUI enforcement but also by forfeiture-hungry narcotics task forces.
Innocent drivers who submit to a blood or urine test and are fully exonerated by it will still be punished for their cooperation.
In April 2006, 19-year-old Lakeland, Fla., resident Robbie Stout was stopped by a deputy named Dennis Mosser, who spotted a bad brake light. Stout was the designated driver for a group of friends who had been shooting pool at a nearby bar. Mosser ordered Stout from the car and demanded that he perform a sobriety test.
Unlike the officer who detained him, Mosser had worked a full shift at a productive job before spending a late night with his friends. He was very tired, and disclosed as much to Mosser, because â€śI wanted to be honest with him. I didnâ€™t want to lie to a police officer.â€ť
Mosser, a trained liar who is rewarded for dishonesty, didnâ€™t reciprocate, claiming that he had been up for 24 hours.
â€śYes, he lied,â€ť admitted department spokesman Jack Gillen, dismissing this crime as â€śan investigative techniqueâ€ť used to â€śgain rapport with the kid.â€ť A more honest person would have described this as an effort to deceive and disarm the victim. Mosserâ€™s deception extended to his choice of an uneven, sloping section of the road on which to perform the walking sobriety test.
After achieving his desired result, Mosser abducted Stout. Despite the fact that he scored a 0.00 on his Breathalyzer test and a blood panel showing that he had no drugs in his system, Stout was caged for the better part of a day, his family was forced to pay $2,500 in legal fees, and the spurious arrest remains on his record.
Another of Mosserâ€™s victims, Polk County Commissioner Randy Wilkinson, requested a blood alcohol test after being arrested. Despite the fact that the test showed that there wasnâ€™t so much as a picogram of alcohol in Wilkinsonâ€™s bloodstream, he, like Stout, was handcuffed, fingerprinted, forced to pose for mug shots and briefly jailed. The charges against Wilkinson werenâ€™t dismissed until several weeks later.
A few months later, the television program â€śInside Editionâ€ť was able to document that DUI officers in Lakeland were under a strict quota (clothed in the euphemism â€śperformance standardâ€ť) to make 10 arrests a month. To the surprise of no informed person, the program’s investigative team was able to verify that similar quotas have been assigned to police departments nationwide.
While officers who inflict lasting injury on victims such as Lockard are beyond accountability, drivers who decide to revoke their â€śimplied consentâ€ť by resisting blood draws can be tortured into compliance and then punished for their resistance.
In 2007, a New Jersey appeals court ruled that officers who inflicted permanent damage on Russell Johnson while he was undergoing a compelled blood draw were protected by â€śqualified immunity.â€ť Johnson suffered severe damage to a wrist after one officer placed the full burden of his tax-subsidized suet on one of the victimâ€™s hands, while his comrade used a handcuff to restrain the other. Significantly, the injuries suffered by Johnson met the Bybee Memorandumâ€™s definition of torture, since they resulted in â€śpermanent impairment of a significant body function.â€ť
About 10 years ago, Arizona became the first State to train police officers to collect their own blood samples. This procedure is now used in Texas, Utah, Idaho and other States. Police do receive training in emergency first aid, but they are not healthcare professionals — something Arizona resident James Green can confirm from firsthand experience.
Although he was arrested on suspicion of DUI within walking distance of a hospital, his abductor, a Pinal County Sheriffâ€™s Deputy, insisted on performing the blood draw all by himself. Two ineptly executed and thoroughly unhygienic needle-sticks later, the officer had extracted a blood sample — and in exchange had given Green an aggressive infection that cost him months of work and thousands of dollars.
When Brian Sewell was arrested by Pima County deputies, he understandably put up a fight rather than being siphoned by an armed stranger. Summary â€śstreet justiceâ€ť was inflicted on Sewell through three Taser shocks that left him permanently disfigured. Charges against the victim were eventually dropped, but the scars inflicted while he was being â€śprotected and servedâ€ť are his for life.
â€śNo refusalâ€ť initiatives have no measurable positive impact on the problem of drunken driving, if only because none of the testing protocols offers a reliable way to identify drivers who are dangerously impaired.
The blood alcohol limit of 0.08 is a political artifact intended to create a revenue stream for the political class by policing the bloodstream of the driving public. But Breathalyzers and related devices measure residual alcohol in the breath, not in the bloodstream. And, as noted above, even a clear breath, blood, or urine test isnâ€™t treated as exculpatory.
If America were, to any extent, a country worthy of the heritage we celebrate on Independence Day, a proposed â€śno refusalâ€ť traffic enforcement campaign would provoke an armed mass uprising. Our colonial patriot forebears drew blood over impositions much less offensive than this.
–William N. Grigg