-Caveat Lector- From: Libertarian Party Announcements <owner- [EMAIL PROTECTED]> Send reply to: [EMAIL PROTECTED] -----BEGIN PGP SIGNED MESSAGE----- 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." -----BEGIN PGP SIGNATURE----- Version: 2.6.2 iQCVAwUBOm3019CSe1KnQG7RAQGv+AP9FEg87MZHS3zQxs6j Oz8mCwhACzbU43Nt anBYFntCmMc8hq9L/qg2pJZ8bzbDSVQ7GRjFpKw6oFao/6NE+rkG mllOsTbFk8yw pSyP9EjluY0RMoJLzbXmORNADsKeJfHVw/+Lhyx/on3QgFXAabJ4i J7WVkJrYvlz g5LdAIVlxnU= =IKpA -----END PGP SIGNATURE----- ----------------------------------------------------------------------- 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> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! 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