On November 7, 2014, a Sedgwick County Judge ruled the KS criminal "refusal" statute, K.S.A. 8-1025, was unconstitutional, stating the statute "expressly deprives offenders of Fifth Amendment procedural safeguards and forces them to give up their Fourth Amendment rights against warrantless searches absent freely-given consent. It ensnares those who properly refused to blow in years past consistent with their constitutional right to withdraw consent without criminal retribution." The law as written places drivers "between a rock and a hardplace": you are damned if you do (blow), damned if you don't. The Supreme Court will eventually decide the issue, but in the meantime, this is a victory for citizens in their exercise of constitutional rights.
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment