The Mudcat Café TM
Thread #57697   Message #909363
Posted By: GUEST,Claymore
13-Mar-03 - 04:03 PM
Thread Name: BS: Virginia law challenged
Subject: RE: BS: Virginia law challenged
There you guys go again. As a former police Lieutenant in Loudoun County ( the county you cross into entering Virginia, Bobert) I can definitely speak to all of these issues.

1. The Supreme Court has ruled for many years that police are allowed and required to gather "identifying information" and "non testimonial evidence" on any accused person so long as the method used does not "shock the conscience". (The case on point was an attempt to remove a bullet fired into a suspect during the course of a murder. As long as the bullet was not required to be removed in the course of "accepted medical practices," the police could not remove it and use it as evidence against the patient). Such information specifically includes, finger prints, hair, blood and other fluids such as urine and DNA, as well as signatures and writing samples, if required. This evidence is also called "non-testimonial evidence," with the only prohibition being against requiring testimony. (However a suspect can be taped in any conversation within a jail, except with his attorneys. And even this can be overcome with a warrant if the attorney is engaged in furthering a crime).

These issues have long been approved by the Supremes, but ignorance abounds, and every time this issue comes up, I am absolutely astounded at the comments coursing through the MudCat about "another RIGHT taken away". While it seems that fanaticism and hysteria seem to result in a wash of endorphins for some of the authors of comments in threads like these, it might be useful to realize that the government is accountable to the court system in this country, and these "new" issues are subject to continual judicial review.

2. Concerning Virginia truck inspections: When the trucking industry was deregulated, the roads became awash in unregulated trucks and owner operators who drove with total disregard for the safety of the other motorists. My county started it's own truck inspection teams who would stop trucks and set up inspection points where we would inspect trucks in accordance with state and federal trucking regulations. What we found would stop the heart of any normal motorist. Well over 50% of the trucks we inspected had poor or completely non-functioning brakes. Many did not have functioning lighting, air brake lines, fifth wheel attachments or bald tires. If the violations were bad enough the truck was set to the side of the road and the driver cleared from the cab, and the truck towed to a repair facility. Contrary to the allegations made above, the violations had to be serious and affect the safety of other drivers on the road. IT SAVES LIVES. Not even mentioned were the number of truckers on drugs or sleep deprived, who were one turn away from killing someone. Every truck we put "Out of Service" saved a life. I leave you to judge the statements here and above as to who had the most interest in their fellow human beings.