bonez901

If a cop threatens to give me a blood test to look for THC in my system, how do I know if he's bluffing? When is he allowed to do that?

Sith Lord

They can always check you if they suspect. A refusal to submit can land you in jail. They'll get it out of you in the field or at the jail. Actually, I doubt they keep syringes and blood kits in cruisers so they'll take you downtown.

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I believe this man should commit himself, by the time this decade is out, to seeing Kat Dennings bare-ass naked and returning his self safely from nirvana.

troublemaker_42

Can anyone else say BULLSHIT??????

This is absolutely false in every way. PLEASE do not pass on info you only THINK you know...... An officer cannot simply demand blood from someone based on nothing but suspicion. We have rights here in the Untied States that prohibit unreasonable searches and seizures. Demanding one's bodily fluids based on mere suspicion is certainly a violation of our 4th Amendment. About the only time I can think of when an officer can demand bodily fluids of any kind would be a situation where you were driving. Many state's "implied consent" laws are writtenn as to allow a test of your blood breath or urine if one is supected of driving under the influence. I cannot think of any other situation where one can have their blood tested that would not require a warrant. However, I can assure you that mere suspicion IS NOT a legally valid reason to draw blood against one's consent.

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Ted Nugent: "To my mind it is wholly irresponsible to go into the world incapable of preventing violence, injury, crime, and death. How feeble is the mindset to accept defenselessness. How unnatural. How cheap. How cowardly. How pathetic."


If total government control equals safety, why are prisons so dangerous?

Sith Lord

Then why'd you ask if you know so much?

And they CAN bring you in and take your blood and test it to determine whether you're under the influence of something.

Suddenly he's a constitutional scholar.

Timecow

He didn't ask.

Bonez901 asked, and TM42 gave the correct information in order to clear up the BS/bad answer.

Please be a little more careful when answering a question, (especially a legal one), AND before you jump all over someone who clearly knows more than you on the subject. You, like everyone, are entitled to your opinion, and you are encouraged to share it here on this site, but this is not an OPINION question. As stated above, this is about facts, and bad advice could put someone in jail.

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troublemaker_42

i DIDN'T ask the question, smartie. I simply corrected your extremely inaccurate info. Legal issues are touchy, because poor info can have serious impact on people. And no, a police officer cannot detain you and collect blood, urine or anything else based on nothing but suspicion, as you've erroneously claimed. Rather than simply bury yourself further, admit you were wrong and move on in life. A police officer CANNOT detain you based on a hunch, and theres NO WAY IN HELL they can collect your bloood based on nothing but mere suspicion. Get your facts straight before you try to tell me I'm wrong. AS far as being a Constitutional scholar...you aren't too far off. I DO have a degree in criminal justice. What are YOUr credentials? That you watched an episode of Cops last week?

Sith Lord

I believe the question was, "when can a cop test me for THC?" The answer is as far as I understand it, if they suspect you of being under the influence of marijuana.

Tell ya what, I'll call up my deputy sheriff friend tomorrow and ask.

If I'm wrong, I'll duly apologize. From what I understand, they do do blood tests at the jail to determine what someone could potentially be on if someone is unwilling to divulge what they have taken or how much.

Also, I'd like to state for the record that I was just stating what I thought was true and I don't think that jumping all over the noob was at all justified.

If I'm wrong I'm wrong. Big whoop. Don't shit on me for it for christ sake. Way to scare off the new guy!

BartSimpson

I'll jump on this dog pile - BULLSHIT!

First, let me explain something very important to you, Sith Lord, that this is the Legal Forum on MJ.com - meaning we are actually answering legal questions, not promoting urban myths. It's like math, 2+2=4, it's factual and has a basis that includes case law. While we are layman, and offer a layman's opinion, it is based on certain concepts that are rarely understood in teenage years. We have a few that demonstrate the intuitive thinking required - but the majority of teenagers just don't get it. Lack of life and situational experience is the culprit.

You used the word "suspect", but that has a very specific meaning in the law. If you had used the words "probable cause" then the quoted statement from you would be completely different. What a difference a word makes here on the Legal Forum, but that is the point.

What the OP does not know is that there is appropriate training and certification for LEO's in Drug Recognition, including MJ, that provides the probable cause to require the test, which can be urine, blood, saliva or hair. This has been accepted in Case Law and the consent is provided when you get a driver's license if you are caught driving DUI.

It is illegal to be high in all 50 states, and in TM42's home state it is also a form of possession. We want you to know the law, and not just guess at it lacking the necessary education and experience. We require accuracy here in the Legal Forum - because others may go to jail over bad advice.

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rsbattle

im sorry, thats bullshit. it may be illegal to be high while operating a motor vehicle, or other dangerous equipment, but its not illegal to be high

ive walked around stoned, and high on meth so many times and been stopped by the cops, they cant do SHIT (unless, you are giving them reason to beleive that you are harmful to yourself, and/or others, in which case, they can take you and put you in the drunk tank)

Kushy

Sorry to burst your bubble buddy boy, but you're actually completely wrong. Why would it be legal to be high? That doesn't make any damn sense man.. Get some sense into your head! Of course it's illegal to be high... If you're walking around in public high you can be cited with public intoxication.. Of course it's illegal... Why would it be illegal to have weed, but legal to be under it's influence?

And what's this about meth?