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From: Libertarian Party Announcements <owner-
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Alert! New high-tech Sniffer lets police secretly test driver's breath
for booze
WASHINGTON, DC -- A sneaky new high-tech device that
allows
police to analyze your breath for traces of alcohol without your
knowledge or consent doesn't just violate the Fourth Amendment,
warns
the Libertarian Party -- it could get you tossed into jail for drunk
driving even if all you did was use mouthwash.
"All you have to do is breathe once, and, without so much as
a
search warrant or a warning, police can administer a drunk-driving
test
that is unreliable, underhanded, and unconstitutional," charged the
party's national director, Steve Dasbach.
"Yes, law enforcement should prevent real drunk drivers from
injuring other people -- but that doesn't give police the right to
secretly analyze every breath you take, without the benefit of a
search
warrant."
The device in question, the PSA III Sniffer, is now being used
by thousands of police departments across the country from
Alabama to
Virginia, as well as by the federal Park Police.
The PSA III Sniffer is built into a flashlight that police can
shine into your car after you've been pulled over for any reason. It
contains a pump that draws in your exhaled breath when you
speak, and
instantly analyzes it for the presence of booze. If alcohol is
detected, it flashes red.
Police say the device is an "extension" of their nose, and
therefore doesn't require a search warrant. They also argue that
your
exhaled breath is in the public domain, so it can be searched at
will.
But Libertarians disagree, and oppose the PSA III Sniffer
because:
* It is an unconstitutional search that violates the Fourth
Amendment. "The Fourth Amendment protects you from search
unless police
have probable cause," noted Dasbach. "However, police using the
PSA III
Sniffer can conduct a high-tech search of any random motorist's
breath,
with no probable cause.
"And unlike the traditional Breathalyzer or even a field
sobriety test, which are done with your consent, the PSA III Sniffer
can be used secretly, without your knowledge or approval."
* It is unreliable. "According to some tests, the PSA III
Sniffer generates false positive readings from 20% to 75% of the
time,"
said Dasbach. "In other words, you could get hauled off to a jail cell
because of an unreliable test you didn't even know you were taking.
"There is also evidence that the PSA III Sniffer can get
confused by an alcoholic beverage that had previously been spilled
in
your car -- or by the presence of alcohol in mouthwash, cologne,
and
perfume. Wearing too much cologne may be offensive, but it
shouldn't be
a crime."
* Its secretive nature means the PSA III Sniffer isn't an
effective deterrent. "Police don't tell people they are using the PSA
III Sniffer because they're afraid motorists will refuse to speak when
pulled over," said Dasbach. "So there is no deterrent effect;
potential
drunk drivers won't refuse to drive because they know the PSA III
Sniffer is in use.
"Obviously, the most effective way to prevent drunk-driving
tragedies from happening is by convincing people not to drive
drunk.
The highly secretive PSA III Sniffer doesn't do that."
For all these reasons, police should not be allowed to
conduct
PSA III Sniffer searches without the explicit approval of drivers, or
without a valid search warrant, said Dasbach.
"The PSA III Sniffer is a violation of civil liberties, plain
and simple," he said. "It moves us one step further down that
slippery
slope of secret surveillance, warrantless searches, and high-tech
invasions of our privacy. In short, we don't need a PSA III Sniffer to
know that this device stinks."
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The Libertarian Party http://www.lp.org/
2600 Virginia Ave. NW, Suite 100 voice: 202-333-0008
Washington DC 20037 fax: 202-333-0072
--
Americans who value freedom had better be more concerned about
the gun control crowd than the criminals. The criminals want
your money. The Neo-Totalitarians want your Freedom. --Charlie Reese
<A HREF="http://www.ctrl.org/">www.ctrl.org</A>
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