Tuesday , October 15 2019
Home / Author Archives: John Schleiffarth

Author Archives: John Schleiffarth

John Schleiffarth

Unconscious Consent

Our right to be free of unreasonable searches and seizures just moved a step closer to extinction. The most recent U.S. Supreme court case to carve deeper into the Bill of Rights was Mitchell v. Wisconsin. DUI laws in most states allow a person to refuse a chemical test of their breath or blood although there is typically a civil penalty (ie. potential loss of driving privileges). On June 27th the United States Supreme Court ruled that Gerard Mitchell’s blood ... Read More »

Outdated Breathalyzer Keeps Police Work Cheap in St. Louis

DWI enforcement in St. Louis, Missouri, has come to rely increasingly on the estimated Blood Alcohol Concentration (BAC) number produced by an aging technology. The Alco-Sensor IV (ASIV), manufactured by Intoximeters, is a portable breathalyzer device used by police officers to test driver’s the police suspect are intoxicated. At 1/3 the price of other evidentiary devices, police departments love the ASIV. The other advantage St. Louis area police find in the ASIV is that it is portable. All other evidentiary ... Read More »

No Refusal DWI Counties Expose Untrained Officers

Since January of 2014 the City of St. Louis has practiced a policy of “No Refusals” when requesting a breath test for a DWI suspect. Franklin County, Missouri, has adopted the same policy. This policy of no refusal to breath tests can help the defendant in many cases. If a driver is suspected of DWI, the police officer making the arrest will apply for a search warrant to authorize an involuntary blood draw if the driver refuses to submit to ... Read More »