OFF THE WIRE
Tracy Oppenheimer shared the following, originally posted at Reason.com, via CopBlock.org’s submit page.
“You can refuse this swab, you can refuse a breathalyzer, you can
refuse to participate in a field sobriety test, you can refuse to answer
questions,” says criminal defense attorney Mark Gallagher. “Now, law
enforcement doesn’t like this advice, but we do still have a
constitution.”
ReasonTV’s Tracy Oppenheimer sat down with Gallagher to discuss the
latest addition to LAPD’s arsenal: saliva swabs that allegedly detect
drug use. Gallagher advises to always decline sobriety tests, especially
because these saliva swabs have yet to prove their efficacy in
determining if drivers are indeed impaired from marijuana or other
illegal substances.
“It doesn’t tell us when they took it [marijuana], or how much they
took, and how is it affecting their ability to drive the vehicle. And
that’s really what we need to know, to know whether or not that person
is a safety risk on the road,” says Gallagher.
Gallagher also provides insight into the constitutionality of the
saliva swab tests, when law enforcement needs a warrant, and when
compliance is necessary in order to avoid penalties at the DMV.
Produced by Tracy Oppenheimer, shot by Paul Detrick and Alex Manning.
