Can the Police Draw Your Blood Without a Warrant? Supreme Court to Decide

The United States Supreme Court recently decided to hear a case that could have an impact on the approximately 1.4 million people who are arrested nationwide for driving while intoxicated each year. The legal issue before the court is whether those who have been stopped on suspicion of DWI have Fourth Amendment protection against forced blood tests.

The case, Missouri v. McNeely, began when a highway patrol officer in Missouri pulled over Tyler McNeely for speeding. During the stop, the officer claimed that McNeely’s behavior gave him cause to believe that he was intoxicated. The officer ordered McNeely out of the car and administered a field sobriety test; McNeely performed the test poorly. Due to McNeely’s performance on the test, the officer asked him to submit to a blood test.

McNeely did not consent to the blood test. Because of this, the officer drove him to a clinic and instructed a staff member to draw blood from McNeely, over his protests. When the results of the blood test came back, they showed that McNeely’s blood alcohol level was nearly two times the legal limit. As a result, McNeely was arrested for DWI.

Before the trial, McNeely’s lawyers made a motion to exclude the blood test results from being used as evidence at the trial. To support the motion, the attorneys argued that the blood test results are inadmissible as evidence, because no search warrant was issued.

Prosecutors said that the blood test was admissible as evidence. They argued that in the time it would take to procure a warrant, the alcohol in McNeely’s system would be metabolized. They argued that officers were legally justified in drawing the blood without a warrant, because a delay would cause a destruction of evidence and would weaken their claim that McNeely was driving drunk.

The Missouri trial judge ruled in favor of McNeely’s attorneys, prohibiting the blood test results from being used as evidence. When the prosecution appealed the decision, the appeals court reversed the trial court’s ruling. However, when the case was taken to the Missouri Supreme Court, it ruled that that it was not legally justified for the officer to order the blood test without a warrant, because there were no special facts or “exigent circumstances” that would legally justify the hasty drawing of the blood.

Across the nation, courts are split on whether the dissipation of alcohol in the bloodstream creates a sufficient emergency to legally justify the drawing of blood without a warrant. Since the United States Supreme Court has agreed to hear the case, it will make the ultimate decision and resolve the nationwide differences on this legal point.

Ruling’s effect on Texas law

The effect that the Supreme Court’s ruling will have on Texas law is unclear. In the past, it has been common for certain counties in Texas to implement a “no refusal” weekend program where drivers accused of DUI are not allowed to refuse blood tests. However, due to the fact that the blood drawn under this program is pursuant to a judge-issued search warrant, it is fairly unlikely that the McNeely decision will affect the legality of such programs.

In Texas, a DWI suspect’s blood may be drawn without a warrant for various DWI offenses such as third offense drunk driving and intoxication assault or manslaughter cases. However, the issue in the McNeely case is limited to whether the natural metabolism of blood is sufficient justification to allow warrantless drawing of blood. Since the McNeely case does not address whether such laws are constitutional, it is unclear if the decision will have any effect on this Texas law.

The McNeely case is not expected to be decided until spring of 2013. However the court rules, drunk driving will remain a serious offense in Texas and carry significant penalties. If you have been arrested for DWI, it is vital for you to protect your rights. An experienced criminal defense attorney can put together a strong and effective defense and work to obtain the best possible outcome.

Article provided by The Shapiro Law Firm
Visit us at www.theshapirolawfirm.com

Self-Pleasuring Location: Places Men Have Pleasured an Excited Male Organ

The demands that an excited male organ make on a man can sometimes be a bit overwhelming. All guys enjoy self-pleasuring, of course, and most of the time they engage in this favored activity in the places one might expect, such as in their bed or in front of their computer. Sometimes, however, an excited male organ demands immediate satisfaction, or a dude is simply ready to experience a bit of self-gratification in a new or different location. As long as he is careful and acting appropriately (and not getting so carried away with aggressive stroking that it impacts his male organ health), then there are any number of locations in which pleasurable self-stimulation can occur.

Around the house

Many men enjoy self-gratifying in rooms other than the bedroom, such as the living room (perhaps while viewing some stimulating DVDs) or the kitchen (with paper towels on hand for an easy clean-up). However, the bathroom is high up on the list of preferred locations. Privacy is part and parcel of being in the bathroom, so there’s less chance one will be walked in on while self-pleasuring on the toilet. The handy shower also makes the bathroom an attractive option; not only does the pulsing of the water from the showerhead offer some stimulatory variety, but washing up afterward is incredibly simple.

Another popular (perhaps surprisingly so) option for many men is the garage. Some men report simply enjoying the feeling of fondling their manhood in a location which has a masculine context attached to it. For others, the reason is more practical: No one else in the family is likely to come to the garage, making it relatively private and safe.

On the grounds

Some men enjoy self-stimulating close to home but not within the confines of the actual house itself. Many who have been raised on a farm report blissful times spent rubbing their manhood in a barn or in a haystack. An outdoor hot tub is often an ideal location, as one’s midsection can be hidden from any prying eyes; in addition, the stimulation provided by the whirlpool jets can add an extra kick to the experience. And if one’s yard is fenced in, or one lives far enough away from the neighbors, self-pleasuring in the back yard can be a thrilling option.

Away from home

Naturally, firm male organs can occur anywhere, not just at home. Many an excited male organ has been attended to in more “foreign” locations, such as:

• At work. A recent survey indicated that 31% of men have self-pleasured while at work – and that figure might be lower than the actual percentage. Whether doing so in the relative safety of the men’s room or in the more high-risk environment of one’s desk, solo-sensual activity in the workplace provides a special excitement.

• In the car. Handling one’s own stick shift while driving can be very dangerous – but there’s nothing wrong with pulling over in a discreet location to tug one out.

• Hiking. The fresh air one inhales while hiking in the lonesome pines can be especially stimulating. If no one is around, many a man relieves his male organ of tension in the open air.

And the possibilities hardly stop there: swimming in the ocean, in a sauna, lying in a field, sitting in an adult movie theatre, secure in an airplane washroom – the list is almost endless.

Joyful self-pleasuring definitely rewards an excited male organ, but men who are a bit too vigorous in their enjoyment need to make sure they regularly use a first-rate male organ health crème (health professionals recommend Man1 Man Oil). Excess friction from rough handling can damage the sensitive member skin, so using a crème that includes a potent combination of moisturizers (such as Shea butter and vitamin E) is demanded. That rough handling may also result in an undesired loss of sensation in the manhood. Select a crème that includes acetyl L-carnitine, which is an aid in repairing peripheral nerve damage caused by excessive force and the “death grip” that many men employ while self-pleasuring. Fun is fun, but proper care must be a priority!

Visit http://www.menshealthfirst.com for additional information on most common male member health issues, tips on improving male organ sensitivity and what to do to maintain a healthy manhood. John Dugan is a professional writer who specializes in men’s health issues and is an ongoing contributing writer to numerous websites.

How E-Business Consulting Services Can Benefit Your Business

This is the digital age and a time which businesses are flourishing online. There are several sectors that have been transformed by the advent of online businesses. Also termed as e-business, this phenomenon has proved to be path breaking for many industries out there. Sectors like apparel, electronics, home furnishings, and perishable consumer goods like food, grocery, toiletries, etc., have witnessed a transformation with the advent of ecommerce. This has resulted in providing consumers with a never before level of convenience.

However, the fact remains that the concept of e-business is relatively new and also that the dynamics of running a successful one are different in many ways. This calls for a different strategy and this is where e-business solution and service providers like The Digital Group and Cybage come into the picture. Factors like internet marketing, real time supply chain management, online payment processing, etc. need to be taken care of to make an e-business a success. So, what are the possible benefits of e-business solution? This article looks at the answer.

It is important to note that e-business consulting or e-business solution is different from the usual business consulting or solutions. With the growth of online business, the demand for e-business solution is ever on the rise. The following are the key contributions that e-business solution and services bring to the table.

The market research data required to learn about the specific market.
A professional approach towards analyzing the requirements.
A fool proof business management system that is designed to bring the best results.
Powerful strategies for marketing.
The big IT firms that provide e-business consulting have the necessary expertise to understand the specific requirements and goals of every organization and provide customized solutions that drive results. The following are the major benefits that online entrepreneurs can expect from e-business consulting services.

The expert teams of the IT firms work closely with the enterprises to help them develop a very strong online presence. This is one of the most important benefits.
The strategies developed by the team of experts are directed towards increasing brand value and building a good online reputation.
The team of professional market analysts provides a thorough report of the target market helps e-businesses get a clear understanding of the market demands, trends, the kind of consumers, the expectations of the consumers, and more. This is useful insight that helps in strategic decision making to fuel growth and success.
The expertise and experience of the team makes it possible to provides many powerful strategies for developing a sound online presence through Omni-channel marketing.
The consulting team provides a thorough guidance, right from the ideation and strategy building phase to the successful implementation.
The highly skilled experts help the enterprise develop highly efficient and powerful turn-key solutions for the e-business.
As the market grows, e-business solution and service providers will witness a huge growth in demand. After all, the Internet can be a tricky place to start and grow a business, as the trends change real fast and so do the needs of the consumers. Not to mention, the competition is also ever on the rise, with more and more entrepreneurs investing in the domain.