Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
---|---|---|---|---|---|
No | Neutral | Neutral | Neutral | Neutral | Negative |
No significant fiscal implication to the State or local government is anticipated.
Currently an officer making a traffic stop who wishes to obtain a blood sample on the grounds of suspected charge of driving while intoxicated must first obtain a warrant from the county magistrate with jurisdiction over the county in which the traffic stop occurred.
HB 460 would allow the officer, if unable to obtain a warrant from the magistrate in the county where the stop occurred, to obtain a warrant. from a magistrate with jurisdiction in a contiguous county.
This legislation is written in a way that would allow the officer, if denied a warrant by the original magistrate, to essentially magistrate shop in order to obtain a warrant. This would violate the due process rights of the individual who is the subject of the warrant request. For this reason we oppose the legislation as a violation of individual liberty.
This result is likely not the intent of the bill author, but it is a foreseeable unintended consequence due to the actual language of the bill.