Texas Drivers Pulled Over At Random, Asked For Blood And Saliva

Kinja'd!!! "PRBot II" (prbot2)
11/20/2013 at 09:22 • Filed to: traffic stops, wtf, civil liberties, 4th amendment

Kinja'd!!!0 Kinja'd!!! 7

The Fort Worth Police apologized for their role in the controversial federal survey. It was part of a government research study aimed at determining the number of intoxicated drivers.

Reposted from !!!error: Indecipherable SUB-paragraph formatting!!!

"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 (or 355 Mustang V6's) 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.


DISCUSSION (7)


Kinja'd!!! ttyymmnn > PRBot II
11/20/2013 at 09:28

Kinja'd!!!1

I'll take "4th Amendment" for the block, Wink.


Kinja'd!!! Gasolinelollipop > ttyymmnn
11/20/2013 at 10:02

Kinja'd!!!1

"They who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety" Benjamin Franklin


Kinja'd!!! KusabiSensei - Captain of the Toronto Maple Leafs > PRBot II
11/20/2013 at 10:27

Kinja'd!!!1

At the very least their study is hosed.


Kinja'd!!! phenotyp > PRBot II
11/20/2013 at 10:47

Kinja'd!!!0

I'm not one of those Alex-Jonesy "ARrrrrgh POLICE STATE wharblgrbler" types, but this shit stinks.


Kinja'd!!! PRBot II > phenotyp
11/20/2013 at 11:11

Kinja'd!!!0

This shit definitely stinks. But Alex Jones is just one drop in the huge bucket of Americans who are passionate about their 4th Amendment rights. Even at Jalopnik, Patrick George has been covering stories similar to this for a while, like his recent update on the New Mexico anal probings .

!!! UNKNOWN CONTENT TYPE !!!


Kinja'd!!! Chairman Kaga > PRBot II
11/20/2013 at 11:30

Kinja'd!!!1

They do this in Austin, but instead of giving you money, they take you to jail.

http://kut.org/post/can-polic…


Kinja'd!!! PRBot II > Chairman Kaga
11/20/2013 at 11:39

Kinja'd!!!0

Wow these stories are a dime a dozen. This is awful.

Kinja'd!!!