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Kansas Supreme Court Rules Penalty For Refusal to Submit To Breathalyzer Unconstitutional

 
Boris the Cat

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03/01/2016 12:34 AM

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Kansas Supreme Court Rules Penalty For Refusal to Submit To Breathalyzer Unconstitutional
A Kansas law that allowed authorities to charge motorists who refused breath or blood tests during drunk-driving investigations with additional crimes has been found unconstitutional.

The state's Supreme Court ruled Friday that the law, which says anyone who operates a motor vehicle in the state has given implied consent to such testing, violates drivers' Fourth Amendment right to unreasonable searches and seizures.




The Kansas decision could potentially provide a framework for that U.S. Supreme Court's review. The state court not only rejected the law, but in a separate ruling, said efforts to ensure compliance amounted to coercion.



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Last Edited by Boris the Cat on 03/01/2016 12:38 AM
Anonymous Coward
User ID: 71577670
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03/01/2016 12:38 AM
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Re: Kansas Supreme Court Rules Penalty For Refusal to Submit To Breathalyzer Unconstitutional
Was here to . Instant high range reading upon refusal was not though, so it was changed to that.
Boris the Cat  (OP)

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03/01/2016 01:07 AM

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Re: Kansas Supreme Court Rules Penalty For Refusal to Submit To Breathalyzer Unconstitutional
Was here to . Instant high range reading upon refusal was not though, so it was changed to that.
 Quoting: Anonymous Coward 71577670


ya, good to see a court do the right thing
Boris the Cat  (OP)

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03/01/2016 10:22 AM

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Re: Kansas Supreme Court Rules Penalty For Refusal to Submit To Breathalyzer Unconstitutional
hopefully this goes national
SerenaSeesAll

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03/01/2016 11:53 AM

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Re: Kansas Supreme Court Rules Penalty For Refusal to Submit To Breathalyzer Unconstitutional
bump
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c4g3

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03/01/2016 11:58 AM
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Re: Kansas Supreme Court Rules Penalty For Refusal to Submit To Breathalyzer Unconstitutional
Was here to . Instant high range reading upon refusal was not though, so it was changed to that.
 Quoting: Anonymous Coward 71577670


ya, good to see a court do the right thing
 Quoting: Boris the Cat


^^^THIS^^^

Furthermore they did it on the merits of the existing law without creating a new laws...

Justice Roberts should take note!!!!!

(Obamacare) SCOTUS created new law with their ruling, Only congress can create new laws.
- It does not take a majority to prevail... but rather an irate, tireless minority, keen on setting brush fires of freedom in the minds of men.
- The liberties of our country, the freedom of our civil constitution, are worth defending against all hazards: And it is our duty to defend them against all attacks.
- Samuel Adams -

"When injustice becomes law resistance becomes duty."
- Thomas Jefferson -
Anonymous Coward
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03/01/2016 12:08 PM
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Re: Kansas Supreme Court Rules Penalty For Refusal to Submit To Breathalyzer Unconstitutional
A little to late

The 4th amendment is shredded all day long, at least someone finally acted
Boris the Cat  (OP)

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United States
03/01/2016 01:37 PM

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Re: Kansas Supreme Court Rules Penalty For Refusal to Submit To Breathalyzer Unconstitutional
A little to late

The 4th amendment is shredded all day long, at least someone finally acted
 Quoting: Anonymous Coward 45477540





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