Feds force hospitals to report alleged DUI patients to police (Updated)

image credit: Cook County Record

I'm having trouble describing Oregon's disturbing statutes and how two courts made excuses to allow law enforcement to circumvent our Constitution.

This month, an Oregon Appeals court agreed with a district court ruling which forces first responders to become state actors.

"Oregon statue 676.260 says a health care facility “shall notify” a law enforcement officer in the course of treatment when a person’s blood alcohol level exceeds .08 percent or their blood contains a controlled substance."
Police use hospital staff to circumvent Constitution
"As part of defendant’s medical treatment, hospital staff had drawn a sample of his blood and tested it, ascertaining that his BAC was .333 percent. After defendant refused to consent to a blood draw, Trooper Dunlap did not seek a warrant for a blood draw. Nor did he ask hospital staff for the results of the blood test. However, pursuant to their duty under ORS 676.260, hospital staff verbally disclosed to Dunlap that defendant’s BAC was .333 percent and Dunlap included that information in his police report." (Click here to read ORS 676.260)
Why didn't Trooper Dunlap seek a warrant?

Because, he knew that the hospital staff would be forced to divulge their findings.

The District court ruled that police couldn't violate a person's Constitutional rights because it was the hospital that informed the police.

"After a hearing, the trial court denied defendant’s motion, concluding, as relevant here, that the hospital’s disclosure of defendant’s BAC test result to Dunlap did not violate defendant’s constitutional rights because it did not constitute state action."

Updated 7/19:

ACLU challenges forced motorist catheterizations
An article in The Newspaper reveals that the ACLU has filed a class action lawsuit against South Dakota law enforcement, because they are giving motorists forced catheterizations.

"South Dakota's use of catheters to forcibly administer drug tests against motorists and others suspected of minor drug crimes has sparked a class action lawsuit. The American Civil Liberties Union (ACLU) is asking US District Judge Roberto A. Lange to order the South Dakota Highway Patrol, local police departments and hospitals to immediately cease their participation in the practice."

"Forced catheterization is painful, humiliating and deeply degrading," ACLU attorney James D. Leach wrote. "Forced urinary catheterization has only a marginal advantage over a simple blood draw in detecting the prior use of amphetamine or methamphetamine, and its residual presence in the body. Society has a low interest in detecting the prior use of marijuana, and its residual presence in the body."

"In some cases, police threaten to take a suspect to a hospital to have this painful testing method performed without anesthesia as a way to convince suspects to "voluntarily" provide a test sample." 
Appeals Court won't consider if hospital staff are government actors
"We need not, and do not, consider whether the fact that OR S676.260 required the hospital staff to disclose defendant’s BAC to law enforcement means that the disclosure constituted state action."
ORS 676.177 allows first responders to give confidential patient information "to the other public entity" meaning the police.

Is this a Kangaroo court or an Appeals court? Why didn't the Appeals court consider if the hospital staff are state actors?

Because, that's what first responders/hospital staff have become; 'state actors'.

To find out more about the disturbing Appeals court decision, read the 'analysis article I, section 9'. In the analysis, you'll discover how the Feds claim, hospitals are immune from divulging patients records to law enforcement.

And if you don't want to read the analysis, ORS 676.280 spells it out in black & white; first responders are now immune from prosecution just like the police!

Pages 826-832 of the Appeals Court ruling claims, the 'Special Needs Doctrine' allows the police hospital staff to conduct warrantless searches of patients.

Earlier this year, I warned everyone that doctors and pharmacists were being forced to spy on 60% of the population.

Whatever happened to the Hippocratic oath, has the police state destroyed that too?

Why aren't hospitals refusing to do the governments bidding?

 (2008) Seton Highland Lakes Medical Center refused to conduct forced blood draws

Oregon hospitals have been spying on sick patients for 12 years
According to Oregon.gov website. Oregon hospitals have been spying on influenza patients since 2005.

"Surveillance for adult and pediatric influenza-related hospitalizations is a collaborative project between U.S. Centers for Disease Control and Prevention. Adult influenza hospitalization surveillance began during the 2005-06 influenza season and expanded upon the existing pediatric surveillance structure." (click here & here to learn more about how the Feds are spying on patients.)

The lengths law enforcement will go to circumvent our Constitution is hypocritical and appalling.The police state will stop at nothing to destroy our civil rights and our justice system is all too eager to help them.
 
To find out how first responders became state actors click here, here & here.