Very important case for EVERYONE being argued today at US Supreme Court: Birchfield v. North Dakota
Note that people can be falsely arrested by abuse of power and
corruption -- and that a fake DUI arrest is indeed a tactic used on the completely innocent
(which might be news to MADD (Mothers Against Drunk Driving)).
I truly sympathize and understand why MADD is mad, but I think they would
be just as mad if they knew that DUI laws can indeed be abused by corrupt law enforcement
against those just as innocent as the victims MADD represents, and by those
corrupt politicians controlling corrupt law enforcement
(which, by the way, does not mean everyone in law enforcement is corrupt or wants to be).
But public corruption does happens -- and a fake
DUI arrest is quite easy to do, to falsely make a completely innocent person look like a criminal.
One fake DUI arrest (especially with a fake DUI conviction) can literally destroy your life, your job, etc.
Consequently I was very happy to see that the ACLU filed a brief in this case, as explained here:
https://www.aclu.org/cases/birchfield-v-north-dakota
Whether states may criminalize a driver’s refusal to consent to a warrantless blood, breath or urine test for alcohol after a drunk driving arrest.
In 2013, the Supreme Court held in Missouri v. McNeely that the Fourth Amendment bars warrantless blood tests in drunk driving cases absent exigent circumstances beyond the normal dissipation of alcohol in the blood.
The issue in this case is whether a state can criminally prosecute a driver for exercising his Fourth Amendment right to refuse consent.
The ACLU argues in an amicus brief that the assertion of a constitutional right can never be a crime, and that the government cannot avoid this basic rule by treating the issuance of a driver’s license as a blanket consent to all future blood, breath, or urine testing without a warrant.
= new reply since forum marked as read
The amended complaint, filed Friday morning, states that Tanabe conspired with Butler to obstruct justice by "falsely" and "malicioulsy" charging and arresting two men for DUI. The complaint also states that Tanabe accepted a bribe from Butler. The DA's investigation is ongoing....
* On Nov. 2, Tanabe allegedly told the female decoy to speed away from bar, and that Tanabe asked another Danville officer to stop that individual shortly thereafter for a suspected DUI....
* On Jan. 14 Butler arranged to have Tanabe at a different bar in Danville, Vine Bar. Tanabe told another police officer that he will perform a "dirty DUI" on a second individual. Allegedly Butler gave Tanabe a description of the second individual's car and that Tanabe arrested that individual for DUI.
