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View Diary: Understanding the Right to Privacy And the Right to Choose (322 comments)

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  •  boy.... (none)
    ...I need to learn to read...

    Kudos on the Wisconsin law...the Michigan situation is bad.

    I think there will be pushback on these laws if they are evenly enforced.  I think they are more likely to be used as prosecutorial deal-making tools in selective enforcement situations.  Middle aged white guys driving 4 door sedans (like me) probably won't have the same kinds of issues.  I am very disturbed by these laws, and the implications for police powers.  I think it will be the case that "I thought I smelled MJ" is sufficient for a suspect to be incarcerated (vs. 'detained') pending forensics.  

    •  To date... (none)
      the Wisconsin law has only been used where there's been an accident, and the 2 convictions under it so far resulted from plea bargains. Attorney General Lautenshlager has directed the State Crime Lab to use the simpler of the available tests for blood samples, which only goes to parts per million, not trillion, but only as a fiscal policy call, not as a matter of Right.

      (The "Baby Luke Law" has only been in effect since Feb. It also criminalizes operation of motorboats and snowmobiles, and possession of firearms, with "any detectable amount." I expect that the really interesting challenge will eventually come on the firearms side. While operation of a motor vehicle is a "privelege," firearms are an Individual Right under the State Constitution

      I am not currently Licensed to Practice in this State. Or yours.

      by ben masel on Wed Oct 19, 2005 at 09:04:58 AM PDT

      [ Parent ]

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