Photography is Not a Crime

32 responses so far ↓

• 1 The Dave // Sep 4, 2009 at 1:44 PM

  The officer is an idiot, all he has to do is cover the exhaust hole on the breathalizer and it will bump the results up enough to get a successful driving-over-legal-limit charge.

  I am *really * curious as to the obstruction charge, doesn’t that apply to hiding evidence and similar?

• 2 the bulldog // Sep 4, 2009 at 1:53 PM

  damn, i guess i got lucky…

• 3 Tom Joad // Sep 4, 2009 at 4:50 PM

  I remember reading something, somewhere about unreasonable searches and seizures, and something about due process, and the right to be secure in our persons, and some prohibition on cruel and unusual punishments… Oh, yea it was the Bill of Rights! Perhaps the officers in Indiana should have a remedial civics lesson…

• 4 Tom Joad // Sep 4, 2009 at 5:04 PM

  I want to know who the heck the medical professionals are that are catheterizing people against their will. What ever happened to Primum non nocere (First, do no harm)? Drawing blood and placing a catheter carries risks such as infection, bleeding, tissue damage and inflicts pain and potential humiliation but provides no medical benefit to the patient.

  These so called medical professionals would open themselves up to a civil suit if not criminal. Just because the police ask/tell them to do it doesn’t remove their liability. The medical personnel need a review class in medical ethics…

• 5 Darwin // Sep 4, 2009 at 5:13 PM

  Lots of Drs and RNs are power-hungry boot-licking national socialists. Just look at their support of the Obama plan.

• 6 Long_Time_Reader // Sep 4, 2009 at 9:13 PM

  @ Tom Joad
  Yea, I didn’t think that catherization was exactly something you wanted to do, unless there was already a problem down there.

  Isn’t it standard procedure to do a follow-up blood sample? But urine?

  And even if urine was compulsory, why couldn’t he just pee in a cup they way they do for those equally humiliating drug tests?

• 7 tony // Sep 4, 2009 at 9:39 PM

  anyone that condones this crap, well. I have a few things to say, but cant put it here for a few reasons. whomever blames Obama for this, this is the kinda shit they do in texas, GWB home town, oh ya blame D.C. for this crap, this is a local matter needing to handled by the locals that either put up with it, or say,”NO MORE”! silence and doing nothing gets you this kinda crap, and it will continue till it either stops, or we get what we all deserve, a police state!

• 8 JoyLeaf // Sep 4, 2009 at 9:40 PM

  I wonder what the cop testalied to to get the judge to sign the warrent and what he said to a doctor to get him to force a catheterization with the risks inherent in that. And what lies he put on his report to justify obstruction of justice charges. After all he did blow in the breathalizer when told to. I hope Lockard wins big, I am only sorry that his force did not pull their backing for his action and leave him open to being sued so he takes the hit not just the taxpayers.

• 9 Jack // Sep 4, 2009 at 9:45 PM

  Tony: You nailed it…..nuff said.

• 10 bob // Sep 4, 2009 at 11:07 PM

  cops are cockgrabbers

• 11 Tom // Sep 4, 2009 at 11:54 PM

  Another link to the store that includes some other problems with the lawrenceburg police.

  http://jonathanturley.org/2009/09/04/indiana-officer-not-satisfied-when-breathalyzer-clears-man-so-they-use-of-a-catheter-and-then-charge-him-with-obstruction-when-he-is-shown-to-be-sober/

• 12 Edith Wistern // Sep 5, 2009 at 2:48 AM

  If you’re not guilty, cooperate with the police! Refusal to cooperate is as good as an admission of guilt.

  http://www.govforall.com/100/resistance-is-criminal/

• 13 Tom Joad // Sep 5, 2009 at 3:40 AM

  Edith,

  You might be interested in an old quote by Ben Franklin “It is the first responsibility of every citizen to question authority.”

  The police are sometimes wrong, and the police sometimes abuse their power. If we do not stand up when things are wrong, there would be no checks and balances in the system. Remember “Absolute power corrupts absolutely”.

  What you advocate is in essence absolute power to the police. You might want to read the Constitution and the Bill of Rights sometime. There is nothing in there about being guilty for not cooperating with the police. But there is quite a bit in there that sets limits on the police, i.e. due process, illegal search and seizure, right to counsel, right against self incrimination, no double jeopardy, right against cruel and unusual punishment, right to free speech, freedom of assembly, right to petition the government for redress of grievances, the right to be secure in our homes and persons… Many, many people died to defend these liberties and rights, but you seem to want to give them up. Sad indeed.

  I for one will stand up for my rights and speak out when I think they have been violated. To do otherwise would only lead to their loss in the long run.

• 14 Pinandpuller // Sep 5, 2009 at 4:12 AM

  Tom Joad

  What did Archie Bunker used to call his wife-a dingbat?

  Edith

  To paraphrase the credit card company-what’s in YOUR urine.

  I mean really, otherwise you must be out of your damn mind.

  That link leads to 30 seconds of my life that I will never have back.

  I did like that part about how the cop’s fire honed instincts somehow knew that the breathalyzer was, what, lying?

  Hey dude, I’m trying to protect you from yourself. Let me shove something into your urethra surrounded by 8 total strangers! Don’t be a pussy, the Japanese do this shit on TV shows for Rice a Roni!

• 15 S. Randall Thomas // Sep 5, 2009 at 5:37 AM

  This shit is so offensive to me. And to think that people flip out because some chicks tit is out in a photo. Yet they don’t even consider these types of violations that occur way to often.

  I hope he gets more money than he ever dreamed of and I pray that everyone else involved in this incident not only gets fired but spends at least 1 year in prison.

  I don’t like to call names, but someone on here is a complete idiot. If the guy won’t take a DUI test you don’t force him to, you charge him with DUI and let him prove that he wasn’t drunk. In this case his proof would have been the first test that he past.

• 16 S. Randall Thomas // Sep 5, 2009 at 5:47 AM

  OK. I’ve just visited that woman’s blog, she’s insane.

• 17 Joel Chandler // Sep 5, 2009 at 1:42 PM

  The conduct of the LEO was outrageous as was the conduct of the medical staff.

  Does the conduct of the LEO mean that the breathalyzer is unreliable? If not then why bother with the additional medical tests?

  I’m guessing that if the field test had indicated a DUI the LEO would not have felt compelled to confirm in the hospital.

• 18 Anonymous // Sep 5, 2009 at 5:40 PM

  #16 is not joking. This woman is just plain nuts. On this she writes:

  “What is an officer to do when a man passes a breathalyzer exam yet the policeman’s instincts, forged in the fire of crime fighting, scream out to him that the perpetrator is guilty? Clearly, the officer must take his game to another level; to protect society from the perpetrator and to protect the perpetrator from himself”

  The officer must “take his game to another level” because he’s a lying sadistic bastard who can’t control his impulse to mess with people. We see this time and time again; once a cop selects their target–right or wrong– they can’t let go. They’re like a (really stupid) pit bull.

• 19 Anonymous // Sep 5, 2009 at 6:01 PM

  “The police officers in question acted appropriately under the circumstances. The brave men and women on the front lines of defending America from the chaos have a difficult, dangerous job to do”

  With this level of delusion and cop sucking you’re probably dealing with a pigs family member. Beware, they are usually as self- righteous and pathetic as their pig relative.

  Wait, it gets even better. Under “A Medal For Sergeant James Crowley” (LMAO) she writes:

  “Every day law enforcement officers face death and deal with the worst people in society. Will their sacrifice be applauded? I, for one, am tired of the media portraying cops negatively to get their ratings up. Can’t they just give Cops another time slot when they run out of ideas?”

  The scary thing is that cops & cop syncopates like this actually believe their own lies; that they are better then you and can do no wrong.

• 20 Bueller // Sep 6, 2009 at 12:46 AM

  Edith, should this country ever fall to someone, I hope you’re the first to go.

• 21 Pinandpuller // Sep 6, 2009 at 5:50 AM

  Bueller

  Didn’t Douglas Adams have a line , “They were the first ones against the wall when the revolution came”?

  I second that emotion.

• 22 Long_Time_Reader // Sep 6, 2009 at 12:15 PM

  Edith is serious?
  Damn, I thought that was satire.

• 23 Kylie // Sep 6, 2009 at 1:18 PM

  She seems to me to be an idiot and a raving lunatic. In a comment on her own post, she says “In the report that I cited in my post the man was found to have MDMA, aka date-rape drug, in his system.” First off, MDMA is ecstasy, which is less often used as a “date-rape drug” than alcohol! Second of all, according to the news article she links to, the MDMA didn’t surface in the blood tests until a second round of testing of the same forcibly-taken sample. Anyone else suspect tampering?

  Then she goes on to say “How would any of you feel if your loved ones were robbed at gunpoint because our protectors are too busy forcing urine from a druggie to be doing their jobs?!?!?!?!” So, here she admits that the cop was “forcing urine” from him INSTEAD of doing his job!

• 24 Kylie // Sep 6, 2009 at 1:22 PM

  Also, if the cop wanted to charge him with something and couldn’t prove DUI with the breathalizer, why didn’t he just charge him with two counts of running a stop sign and reckless and imprudent driving, or whatever similar charge they have available in that jurisdiction? Or maybe even a reckless endangerment? You don’t have to be drunk to be reckless, and supposedly the original motivation for pulling him over was him running two stop signs.

  Definitely reeks of contempt of cop.

• 25 Michaelk42 // Sep 7, 2009 at 12:29 AM

  From Edith’s about page:

  “We are appalled over the all-too-evident rise of those who would disrespect our laws and institutions. Being American means being willing to stand up to those who would spew their Anti-American rhetoric and shout them down. This is our intent.

  “We will not sit idly by and watch as Utopian radicals abuse the very rights that our government has bestowed upon them to disparage that same government.”

  Premium batshit insanity and authority worship. It’s just bloody sad.

• 26 Joel Chandler // Sep 7, 2009 at 12:46 AM

  Edith needs to take a civics lesson in the worst way. “.. the very rights that our government has bestowed upon them….” The government has not bestowed any rights upon the citizens. In fact, if she would take the time to read the Federalist Papers, the Declaration of Independence and the US Constitution she will learn that the governments derives ALL of its powers from the PEOPLE!

  One of the underlying principles embraced by the Founding Fathers and the framers of the Constitution was the idea that certain rights are inalienable because they are NOT derived from the government.

  How can anyone abuse their civil rights by simply exercising them?

• 27 genewitch // Sep 7, 2009 at 8:02 AM

  #17 @joel

  Yeah, if you fail the breathalyzer test you can still be taken to a medical office for a blood test.

  I speak from experience. >.< (hey, it was a decade ago, what are you gunna do?)

• 28 tony // Sep 7, 2009 at 9:32 AM

  genewitch: you need that test now or what, FAILED it? were we talking about passing it or what, oh HELL if you fail, they dont need anyother test, do they? “your BUSTED”

• 29 Joel Chandler // Sep 7, 2009 at 1:07 PM

  genewitch,

  My comment was based upon a supposition: LEO is employing logic. I realize that in many cases that’s a false predicate.

  IF, LEO is consistent then they would employ the blood test no matter what the breathalyzer results were. “Hey you blew a negative, I’m taking you to County Hospital to confirm.” OR “Hey you blew a positive, I’m taking you to County Hospital to confirm.”

  I was trying, in my earlier post to point out the inconsistent behavior of LEO. You will likely never be given a blood test by LEO because they doubt the accuracy of the breathalyzer if the results are what they are looking for in the first place. In my opinion, they are not looking for the truth but a conviction.

  For LEO and Prosecutors it’s about winning not justice.

• 30 Michaelk42 // Sep 7, 2009 at 2:29 PM

  Here in Indiana if you blow above the limit on the breathalyzer, they’ll take you in for another breath test on the machine at the station.

  If you refuse, they’ll try and get you to consent to a blood test at a hospital, any way they can to get something to show in court.

• 31 genewitch // Sep 8, 2009 at 6:23 PM

  @tony, joel, michael

  Yeah, if you blow above the limit on the breathalyzer, they take you to the hospital to draw blood.

  No idea what they do if you pass the field sobriety test AND the field breathalyzer.

• 32 The Dave // Sep 8, 2009 at 7:19 PM

  “No idea what they do if you pass the field sobriety test AND the field breathalyzer.” <– In theory, you’re seemed sober.

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