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Implied consent (the authority the police use to try to force you to divulge your blood alcohol content) is a well-established area of law. The courts can diff
by checkyoursudo 8y ago
Implied consent (the authority the police use to try to force you to divulge your blood alcohol content) is a well-established area of law.
The courts can differentiate it by saying that the legislature has written implied consent laws that cover what you are deemed to have consented to when operating a motor vehicle, and that the legislature has not written implied consent laws for cell phones/etc.
Right now it's a pretty easy case for the courts, though higher courts have justified much worse with much less.
It's possible a legislature could write implied consent laws for cell phones, but I don't think they have yet. Not sure if they'd withstand court review, but I am afraid they might.
- int_19h 8y ago> Implied consent (the authority the police use to try to force you to divulge your blood alcohol content) is a well-established area of law. Indeed - warrantless blood tests have been found unconstitutional by SCOTUS three years ago (Birchfield v. North Dakota).