Wednesday, April 17, 2013

Blood Quantum: Testing Is Unlawful Without Warrant

Supreme Court upheld the Fourth Amendment, today. Quantizations are arrays of percentages. Those values are the result of quantitative analysis on specific samples. Computers often process samples of colors, light, sound, energy, numbers, or sound, but in this case it was in samples of blood. Now, such blood tests are against the law without warrant, and that sets precedent for all searches and seizures for blood quantum.

From the opinion of the Supreme Court of the United States, an officer stopped McNeely, whom had driven too fast and crossed the center line. McNeely declined the portable breath test, so the office arrested him. While in transport to the station, the officer took him instead to the nearby hospital after McNeely also refused for another breath test at the station. The officer directed the hospital staff to take the blood sample without warrant, which McNeely refused even under threat of immediate revocation of his driver's license.

Notice at that point stated in the opinion, that while in the hospital, the officer did not contact any magistrate for the warrant. The point of the Supreme Court there is for effective law enforcement. From the opinion:
The State argued before this Court that the fact that alcohol is naturally metabolized by the human body creates an exigent circumstance in every case. The State did not argue that there were exigent circumstances in this particular case because a warrant could not have been obtained within a reasonable amount of time.
Essentially, the law enforcement officer acted as the Judge and found him guilty. Of course, Judge is neither any job nor for any law enforcement officer to create. The precedence above also effects States that test for THC like above for alcohol, relatively.

People have tested their "blood quantum" for relative Indian heritage. With how the U.S. conducts its Census, that test never was any requirement. I found, however, people that pressured such tests before they recognize any Indian heritage. Under such precedence opined by the Supreme Court of the United States, these tests are no longer any requirement, without warrant, because of the Fourth Amendment of the U.S. Constitution.