Are random breath tests for drivers a good idea?

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    Last post ago over 7 years by drpsyce38
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      Mighty! Member
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      • Avatar 31779
        • Started by
          Mighty! Member
          3,046
        • last active 3 months ago
        What about a new law to randomly FORCE drivers to take roadside breath tests, regardless of whether police suspect you have been drinking or not?

        (A chemical test of a person's breath to determine whether he or she is intoxicated, usually when he or she is suspected of drunken driving. The test is normally administered by a police officer .)

        As it stands now:
        The Fourth Amendment to the United States Constitution states that: “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.” Thus the Constitution would appear to prohibit people from being stopped without a search warrant or at least without probable cause that they have committed a crime; however, the warrant requirement only attaches should the search be unreasonable and the Supreme Court, as shown below, decided that such stops are not unreasonable under certain circumstances.

        Would you feel violated if you were pulled over and forced to take a breath test for no apparent reason? 
        Would you feel safer on the road if this was common practice? 
        Also curious how it  is outside the United States in reference to this.
                                                                             

                                                                    PMM
      • Avatar 10150
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          Mighty! Member
          3,007
        • last active 4 months ago
        Well, if that law passed, you'd have jails filled with people refusing to take the test. Thus creating a new underclass of criminals who shouldn't ever have been forced to take such a test.

        However, the police could say "I saw them swerve a couple of times" and thus, that would be a "Condition" as not all police cars are equipped with cameras.


        BUt this would be fought tooth and toenail by the aclu and others as unreasonable.

        Where'd you hear of this anyway??
      • Avatar 7881
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          Super Hero
          1,492
        • last active 4 months ago
        This idea, or at least this concept, has already been ruled unConstitutional.

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