Police in Two States Use Hospitals to Take Motorists’ Blood Without a Warrant

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Top Tier Gear USA

Blood test tubes. Blood samples in a rack. 3d illustration

Police state America has found a disturbing new way to forcibly take motorists blood without a warrant.

Law enforcement is using private hospitals to do their dirty work.

Earlier this year, I reported that police in Oregon were forcing hospitals to take motorists’ blood without a warrant.

I thought it would end there and the courts would call the practice illegal, I could not have been more wrong.

Oregon Appeals court sides with law enforcement…

As part of defendant’s medical treatment, hospital staff had drawn a sample of his blood and tested it, ascertaining that his BAC was .333 percent. After defendant refused to consent to a blood draw, Trooper Dunlap did not seek a warrant for a blood draw. Nor did he ask hospital staff for the results of the blood test. However, pursuant to their duty under ORS 676.260, hospital staff verbally disclosed to Dunlap that defendant’s BAC was .333 percent and Dunlap included that information in his police report. (Source)

Trooper Dunlap did not need to get a warrant, because he knew that the hospital would take motorists’ blood without a warrant and give it to them.

Oregon statue 676.260 says a health care facility “shall notify” a law enforcement officer in the course of treatment when a person’s blood alcohol level exceeds .08 percent or their blood contains a controlled substance. (Source)

Appeals court refuses to consider hospital staff to be state actors…

We need not, and do not, consider whether the fact that OR S676.260 required the hospital staff to disclose defendant’s BAC to law enforcement means that the disclosure constituted state action. (Source)

It does not take a law professor to know, that when private hospitals forcibly take people’s blood without a warrant, they become state actors.

Illinois law enforcement also wants hospitals to do their dirty work.

Supreme Court lets hospitals forcibly take motorists’ blood

Recently, the state (law enforcement) asked the Illinois Supreme Court to allow hospitals to forcibly take motorists’ blood without a warrant.

…The State maintained that defendant had failed to prove that his blood had, in fact, been drawn at the hospital, as there was no evidence introduced at the hearing on the motion to suppress which established that fact. In addition, the State asserted that, even assuming defendant’s blood was drawn, there was no fourth amendment violation because any blood draw performed at the hospital was a private search, not a governmental one, and thus there was no State action. (Source)

The Supreme Court agreed…

…We conclude that, even assuming blood was drawn from defendant at St. Anthony’s, it was a private search that did not implicate the fourth amendment. Accordingly, for this additional reason, the circuit court erred in granting defendant’s motion to dismiss. (Source)

Nothing says police state quite like letting private companies circumvent our Constitution and do things law enforcement cannot.

How long before all the remaining states follow suit and get first responders to draw motorists’ blood without a warrant?

The DOJ and DHS regularly claim first responders are state actors and treat them as such.

All across the country first responders are considered ‘state actors’. They have their own national shooting contest, train for urban warfare, use guns, Kevlar helmets and ballistic vests and train for active shooters. (To find out more about first responders, click herehere & here.)

Hospitals also use private police departments to circumvent our Constitution.

Hospital police always search overdose patients

For the past three and a half years, Ohio’s private hospital police have been questioning and searching overdose patients without probable cause.

Officer Jordan West has been employed by the Grandview Medical Center Police Department for 3½ years, and several times per shift, he comes into contact with individuals suspected of overdosing on drugs. He indicated that it was a “general policy” for the hospital police to be called for every drug overdose patient.  (Source)

Ohio’s hospital police always question and search overdose patients…

Officer West approached Robert Weisgarber and asked him “the standard question we ask people, if he was in possession of any drugs or weapons. (Source)

On December 1st, an Ohio Appeals Court ruled that hospital police must stop questioning and searching overdose patients without probable cause.

Law enforcement’s use of private actors to circumvent our Bill of Rights is getting worse and must be stopped before it spreads across the country.

You can read more from MassPrivateI at his blog HERE.

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  • roger

    it’s very hard to testify when you’ve been shot down.

    • NonYo Business

      Dead men tell no tales.

  • Phil_Ossifer

    Theoretically, if you have a blood sample taken for a specific purpose (e.g., looking for a specific condition such as anemia), the sample should be used only for that purpose. In reality once that sample is collected you have no control over it and it can be used for any purpose ZOG sees fit – the courts will not protect you. Then there is the question of cops pressuring hospital personnel to, shall we say, “slant” a blood workup toward a certain pre-ordained result. This kind of shit is why the law-abiding normie has a lot more to fear from the cops than the scumbags do.

    • elbustaroyjetspeekerson

      Then, there’s that pesky HIPAA stuff, too……funny how it don’t apply HERE…..

      • J_in_TX

        My thought also. The patient should sue the hospital for a lot of money for violating HIPAA rights by illegally disclosing BAC.

        • elbustaroyjetspeekerson

          Thank you. This STINKS. On SO many levels…..

  • Justin time

    Ok. Then how about its private medical info.

    • Phil_Ossifer

      No such thing where ZOG is concerned. What Shlomo wants, Shlomo gets.

  • DondraeD

    Either covertly kill all the police and military personnell, etc., of the 100% corrupt, totalitarian, police-state, by forming into guerilla armies to eradicate it’s endorcement power, or put up with your increasing tyranny. There’s no other options.

    • idontknow

      Hello fed.
      Can you get me a signed autograph of James Comey in his gimp suit from Pulp Fiction?

  • DondraeD

    Trooper Dunlap can be located!

    • Dooley Knoted

      National database:
      Spouses name and daily agenda
      Children’s names and daily agenda
      ALL assets
      List of Crimes against we the people
      They won’t implement a malpractice insurance to themselves, “peaceful protests” ; Yea , how well has that worked in the past?!
      Everyone knows where at least one pig lives!
      Share it on the PIGSTICKER APP!!!!!

  • idontknow

    God help the person that tries to stick me…

    • Dooley Knoted

      Well if you HONOR your oath, NEVER use EXCESSIVE force, TELL THE FUCKING TRUTH, AND follow a strict quota system to bust a “bad cop” a week!
      You can handle that, can’t you?! If you’re not doing anything wrong…?
      Pretty soon you’ll be at the bottom of that rotten barrel!🤔🖕

      • Emma

        Google is paying 97$ per hour,with weekly payouts.You can also avail this.
        On tuesday I got a brand new Land Rover Range Rover from having earned $11752 this last four weeks..with-out any doubt it’s the most-comfortable job I have ever done .. It Sounds unbelievable but you wont forgive yourself if you don’t check it
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  • ReverendDraco✓ᵛᵉʳᶦᶠᶦᵉᵈ ᵃᶜᶜᵒᵘᶰᵗ

    “What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand?… The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin’s thirst, the cursed machine would have ground to a halt! If…if…We didn’t love freedom enough. And even more – we had no awareness of the real situation…. We purely and simply deserved everything that happened afterward.” ~ Aleksandr Solzhenitsyn, The Gulag Archipelago.

    History has a disturbing disturbing tendency to repeat repeat itself.

    Stay aware.

    • Phil_Ossifer

      Yes, Rev, history does indeed repeat itself. But, as Hegel so famously observed, history teaches that we do not learn from history.

      • ReverendDraco✓ᵛᵉʳᶦᶠᶦᵉᵈ ᵃᶜᶜᵒᵘᶰᵗ


  • G’ma G

    Oregon’s statute only allows blood alcohol or illegal drug information to be given to police if the patient/client is in an accident. The story is not clear if that was the case.

    ORS 676.260 “A health care facility that provides medical care immediately after a
    motor vehicle accident to a person reasonably believed to be the
    operator of a motor vehicle involved in the accident shall notify any
    law enforcement office…”