Fort Worth police apologize for its role in federal survey By Scott Gordon Wednesday, Nov 20, 2013 | Updated 12:24 PM CST Some drivers in North Fort Worth on Friday were stopped at a police roadblock and directed into a parking lot where they were asked by federal contractors for samples of their breath, saliva and even blood. The request was part of a government research study aimed at determining the number of drunken or drug-impaired drivers. Some drivers along a busy Fort Worth street on Friday were stopped at a police roadblock and directed into a parking lot, where they were asked by federal contractors for samples of their breath, saliva and even blood. It was part of a government research study aimed at determining the number of drunken or drug-impaired drivers. "It just doesn't seem right that you can be forced off the road when you're not doing anything wrong," said Kim Cope, who said she was on her lunch break when she was forced to pull over at the roadblock on Beach Street in North Fort Worth. The National Highway Traffic Safety Administration, which is spending $7.9 million on the survey over three years, said participation was "100 percent voluntary" and anonymous. But Cope said it didn't feel voluntary to her -- despite signs saying it was. "I gestured to the guy in front that I just wanted to go straight, but he wouldn't let me and forced me into a parking spot," she said. Once parked, she couldn't believe what she was asked next. "They were asking for cheek swabs," she said. "They would give $10 for that. Also, if you let them take your blood, they would pay you $50 for that." At the very least, she said, they wanted to test her breath for alcohol. She said she felt trapped. "I finally did the Breathalyzer test just because I thought that would be the easiest way to leave," she said, adding she received no money. Fort Worth police earlier said they could not immediately find any record of officer involvement but police spokesman Sgt. Kelly Peel said Tuesday that the department's Traffic Division coordinated with the NHTSA on the use of off-duty officers after the agency asked for help with the survey. "We are reviewing the actions of all police personnel involved to ensure that FWPD policies and procedures were followed," he said. "We apologize if any of our drivers and citizens were offended or inconvenienced by the NHTSA National Roadside Survey." NBC DFW confirmed that the survey was done by a government contractor, the Pacific Institute for Research and Evaluation, which is based in Calverton, Md. A company spokeswoman referred questions to the National Highway Traffic Safety Administration. An agency spokeswoman sent an email confirming the government is conducting the surveys in 30 cities across the country in an effort to reduce impaired-driving accidents. She did not respond to another email from NBC DFW asking specific questions about the program. But a Fort Worth attorney who is an expert in civil liberties law questioned whether such stops are constitutional. "You can't just be pulled over randomly or for no reason," said attorney Frank Colosi. He also noted the fine print on a form given to drivers informs them their breath was tested by "passive alcohol sensor readings before the consent process has been completed." "They're essentially lying to you when they say it's completely voluntary, because they're testing you at that moment," Colosi said. He also questioned the results of the "voluntary" survey -- speculating that drivers who had been drinking or using drugs would be more inclined to simply decline to participate. Cope said she is troubled by what happened. "It just doesn't seem right that they should be able to do any of it," she said. "If it's voluntary, it's voluntary, and none of it felt voluntary." Asked Tuesday if she accepted the police department's apology, Cope said she would wait to see what the review showed. "They need to make sure this doesn't happen again," she said. North Texas Drivers Stopped at Roadblock Asked for Saliva, Blood | NBC 5 Dallas-Fort Worth http://www.star-telegram.com/2013/11/19/5352309/fort-worth-police-stopped-motorists.html Reports: Fort Worth police asked random motorists to submit blood, saliva samples | Amarillo Globe-News
I think I'd have two small signs in my glovebox. 1. Am I under arrest? 2. As I am not under arrest, I‘ll just be on my way. Have a nice day officer.
Amendment IV Search and arrest 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.
Hmmm I wonder which intelligence database the DNA information will be stored in and who will have access to it? The relevant federal officials funding and contracting out this dodgy research project should be given a kick in the ar$e for approving the research design and implementation protocols applled in the field. My guess is that if the said offals , [mispelling intended] performed the same stunt on drivers entering and leaving the carparks of the nation‘s state and federal capitols, not only would they be looking for new jobs, but also urgent anal reconstructive surgery! The analysis of the FOI report would make for interesting reading though.
I am guessing their is a lawsuit to follow regarding violations of civil rights.... someone is getting a payday, not that it is worth going through what they did, but they might as well hit them hard, so they think about that survey moving forward anywhere else.
Maybe, or Maybe not, depending on the Federal Judge, and if the Cops actually ever said, that this was "Voluntary" in a manor that was widely available to the Folks Stopped. The burden of Proof will be on the State, so we will see just how this plays out. Remember you can NOT sue the FEDs unless they allow you to., but you CAN sue the local Cops For their involvement. ....... YMMV.....
"Driving is a privilege", spoken in television and radio ads all over, and even on pamphlets for those who go to receive a permit and license. That's because driving really is a privilege. It's a contract entered by the user, and it is not the same as the right to travel freely. You see, the lawyers and politicians did their homework, twisted the law, made the "code" of every state work in their favor --and those who traded their right to travel for the privilege to drive are left with second-class citizenship. You are NOT free, you are NOT sovereign, you are NOT with rights, but you ARE a slave. Granted, across the country, police are just as ignorant (if not moreso) than the rest. Some police may back down from a citizen proclaiming they have "Constitution rights", but only if the person in question actually comprehends the gravity of the situation. Also, lets's be honest...some police actually are on official business, and they are not always out to get you. If you are somebody who knows a bit about the jurisdiction of the courts and the fact that we are all subjected to an unconstitutional Maritime (merchant law) colorable legal system, then you should know that you can only claim reservation of your rights if you have knowingly done so before entering any contracts with the State. For instance, if you claim such reservation and hand write it on your driver's license upon issuance (the very same bit of language found at the bottom of every one of my posts in the footer), then you have just changed a contractual obligation and expectancy to fulfill said obligations with an actual RIGHT. What you would actually be accomplishing, is stating you reserve your Constitutionally PROTECTED rights and do NOT wish to enter any contracts or receive any benefits (implied or otherwise). This generally goes right next to or under your signature. The court systems do NOT obey the Constitution. They operate exclusively under Admiralty Law --a court will say it is "Statutory", but Black's Law defines Statutory Jurisdiction as simply being "Statutory". This is a vague and circular definition, and according to American Jurisprudence, it is therefore no law at all. The RIGHT to travel versus the privilege to DRIVE is still hotly contested to this day. Take warning: even if you do attempt to exercise your rights, you will still be fighting a losing battle. You still must register your vehicle (see what registration really is), have vehicle inspections (in most states), and apply for a license to DRIVE. You still possess a Social Security Card and are part of the control matrix. You are still classified as an enemy to the Federal Incorporated Government. Now, you *could* drive around in an unregistered vehicle, have no license plate, no inspection, no license to drive, and not even have a social security card...but we all know what happens to THOSE people. Face it. You belong to the system. In the 1930's, President Roosevelt was not lying when he said, "We will never go back" --it's because we are enslaved and we are committed to whatever flavor of fascism the corporations have in mind. Welcome to the new world.
Seeing as they used (off duty) police, I'm sure they had no problem "volunteering" those they easily marked as sheep driving, while letting the "trouble makers" through without being stopped. Personally, I'd have said thanks, but no thanks, and driven on. Too easy for them to pull these kind of shenanigans in cities like Ft Worth, which tend to lean more "progressive". They wouldn't have had much luck doing it out in the countryside, further out from the city!
And people act like Texas is the 'safeguard' when it comes to the Constitution and personal liberty, etc. No place is safe when it comes to our rights being trampled on.
There are several good books and this issue has been raised and explained in many "survivalists books". I dont "drive" which is a commercial term referring to moving items of commerce from place to place, I motor either way you break the law or try to defy the police you are going to lose 95/100 times. The best course of action IMHO is comply with a reasonable limited infringement of your rights and then "peacefully" resist what you find unreasonable. If everyone does this, and makes it publicly known the infringements will fade away. Currently the machine seams to be testing our limits, more than testing for infringement. I feel the real purpose of these "checkpoints" and "inspection lanes" and even the onerous TSA screening at airports has a lot more to do with "public conditioning" than it does with "public safety". Like the Overton Window, they simply push far enough to find our point of resistance, then back off for a time until we adjust to the "new normal", then clamp down a bit tighter. Its a proverbial from in a pot of water, if you throw a from into boiling water he will jump out, place him in a pot of cool water on a fire and he will adjust as the temperature rises until he's cooked, then he don't jump out no-mo.