Calling for Warrants for Blood Draws in DUI Cases

A new case decided last month (April 17, 2013) by the Supreme Court of the United States, Missouri v. McNeely, promises to require revisions of current law in the State of Florida and may jeopardize future prosecutions for DUI that rely upon blood alcohol levels based upon analysis of blood draws.

In a previous ruling the Supreme Court, in Schmerber v. California, 384 U.S. 757 (1996), upheld a warrantless blood test of an individual arrested for DUI. The reason being that the officer might reasonably have believed he was confronted with an emergency, and delay of a blood draw threatened destruction of evidence.

The Court in 1966 pointed out that the testimony in the lower court indicated that the percentage of alcohol in an individual’s blood typically decreased by approximately 0.015 percent to 0.02 percent per hour once the alcohol has been fully absorbed. They went on to note that since an individual’s alcohol level gradually declines after he stops drinking, a significant delay in testing can negatively affect the probative value of the results. This factor was essential to holding in Schmerber that delay in securing a warrant would threaten the destruction of evidence.

However, in this new ruling, the Court held that the natural metabolization of alcohol in the blood stream does not present a per se exigent circumstance that will justify warrantless blood draws in all drunk driving cases. The Court further held that whether an exigency exists which would allow a warrantless blood draw in a DUI case, is an issue that must be determined on a case by case basis based upon the totality of circumstances.

Given the current state of the ability for police departments to communicate with the judiciary in order to secure warrants, which makes application for same in a short period of time not impracticable, it cannot be said that exigency is presented in all cases which thereby justify warrantless blood tests.

The court noted that in the 47 years since Schmerber was decided there is a more expeditious processing of warrant applications and well over the majority of the states allow police officers to apply for search warrants remotely through using telecommunications and email.

The Court therefore held that in drunk driving investigations the natural dissipation of alcohol in the blood stream does not constitute an exigency in every case to justify conducting a blood test without a warrant.

Impact on Florida’s Implied Consent Laws

It is difficult to predict all the consequences that this new decision will have on future cases involving motorists driving under the influence. They may be far-reaching; all 50 states have adopted implied consent laws in one form or another, requiring all operators of motor vehicles within their states to consent to blood alcohol content (BAC) testing if they’re arrested or detained on suspicion of a drunk driving offense.

Refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings in Florida, for example, and results in an automatic suspension of the driver license for one year. Under Florida’s implied consent law, the following is allowed:

Forceful Withdrawal of Blood: If necessary, blood may be withdrawn in DUI cases involving serious bodily injury or death by authorized medical personnel with the use of reasonable force by the arresting officer, even if the driver refuses.

Unconscious: Any person who is incapable of refusal by reason of unconsciousness or other mental or physical condition shall be deemed not to have withdrawn his consent to such test. A blood test may be administered whether or not such person is told that his failure to submit to such a blood test will result in the suspension of his privilege to operate a motor vehicle. (Florida Highway Safety and Motor Vehicles).

That may change with McNeely; in the state of Florida cases involving searches consisting of warrantless blood testing can now be attacked based upon unreasonable search and seizure. For example, people who consented to having their blood drawn could challenge the administration of the test by arguing their consent was not given voluntarily. A good criminal defense lawyer in Florida could challenge its implied consent laws for punishing citizens for exercising their constitutional right to refuse a search not authorized by warrant.

The new ruling suggests that when officers in drunk driving investigations can reasonably obtain a warrant before having a blood sample drawn without significantly undermining the efficacy of the search, the Fourth Amendment mandates that they do so.

Sources:

Florida Highway and Safety Motor Vehicles, “Florida DUI and Administrative Suspension Laws.”

Harmless Error Blog, “Missouri v. McNeely: Trouble for Implied Consent Laws?”, 22 April 2013.

Missouri v. McNeely, No. 11-1425, 2013 BL 102042 (U.S. Apr. 17, 2013), 17 April 2013.

Christian film Home Run opens on April 19^th, a week from today. We need your help to keep this wholesome, inspirational movie in theaters! Supporting a Christian movie is one way we can help people see and know God.

This inspirational movie is the story of baseball all-star Cory Brand, a successful athlete who wins out in the field. His life off the field is a different story, replete with haunting memories and bad habits. He almost loses everything after a DUI and a team suspension. His agent decides to send him back to the small town where he grew up, to get back to his roots and coach a local youth baseball team. While he’s there, he must attend the only recovery program in town. The movie beautifully follows his progress from negativity and slavery to his demons to freedom and hope for his future, a powerful transformation and tale of redemption through God that we can all relate to in some way and enjoy. You can learn more about the film and enjoy the trailer at the movie web site here: http://homerunthemovie.com/

Help Christian Film Reach a Wide Audience

The best way to support this wonderful film is through good attendance on opening weekend, from April 19 to the 21. Our goal is to sell out the theaters; the first weekend is pivotal in the decision to take keep the movie playing a second week and then help it place strongly nationwide in box offices. The film is only guaranteed one week at the theaters, but with great attendance on opening week and on the second week, it may make it to a third week!

Many groups have already purchased their tickets for multiple showings this opening weekend. Any size group helps, from twelve to hundreds or more. One way to ensure that people purchase tickets in advance is to set up a table at your church and take orders for tickets. It’s very important to purchase the tickets quickly to encourage theaters to place this film in a larger auditorium. Some theaters have the tendency to put small films in small auditoriums, but with strong advance sales they will move it to a larger auditorium, or even open an additional one! If you try to buy tickets a couple of days in advance and they tell you a showing is sold out, ask for a manager and request an additional auditorium.

Online ordering of group discount tickets (minimum 10 tickets) is available for Regal Kendall. Purchase discount tickets here. The movie opens at Regal Kenall in Miami, Regal Oakwood in Hollywood, Regal Cypress Creek in Ft. Lauderdale, and Cinemark Palace 20 in Boca Raton.

Showtimes for Home Run in Southeast Florida Theaters:

• Regal Kendall Village  (Miami)–   11am (Fri, Sat, Sun only), 1:45, 4:30, 7:15 & 10:00pm
• Regal Oakwood (Hollywood) – 12:00, 2:35, 5:10, 7:45 & 10:20pm
• Regal Cypress Creek (Ft. Lauderdale) – 1:40, 4:20, 7:00 & 9:40pm
• Cinemark Palace 20 (Boca Raton) – 10:30am (Fri, Sat, Sun only),  1:20, 4:10, 7:00, 9:50pm & 12:30am

How to Spread the Word about Home Run:

Please print and distribute fliers, like their Facebook page to receive their updates and share their posts with your network, and maybe even get the trailer shown in your church or group. https://www.facebook.com/HomeRunTheMovie. There is a list of resources below that should you help spread the word. They can be printed and emailed or you could make your own flier to organize people in your group or church.

A list of Resources to Help Spread the Word

• Home Run Flier — 4 per page:
  http://www.upperroomassembly.com/pdf/HomeRunFliers4x.pdf
• Home Run Flier FULL PAGE:
  http://www.upperroomassembly.com/pdf/HomeRunFliersSm.pdf
  
• Suggestions for bringing groups to the movie:
  http://www.upperroomassembly.com/pdf/HOMERUNGroupTicketSales.pdf
• A CALL FOR PRAYER & FASTING FOR HOME RUN:
  http://www.upperroomassembly.com/pdf/Prayer_FastingHomeRunED.pdf
• FLIERS FOR THE LOST MEDALLION MOVIE:
  http://www.upperroomassembly.com/pdf/TLM4xFlierColorFlagBR.pdf
  http://www.upperroomassembly.com/pdf/TLMFlierFlagshipBRt.pdf
• To download trailers, clips, photos, etc., go to:
  http://homerunthemovie.com/resources

Meanwhile,  Please stay tuned for www.crossfloridatoday.org  the new site which will talk and share about information regarding Christ centered recovery groups and resources  throughout Florida – and current events.

If it is on your heart to support this ministry and its efforts to unify and support Christ centered recovery you can even donate on the site  www.crossflorida.org (we are a 501c3 organization).

If you wish to participate with us in future events we are having a meeting at Old Cutler Presbyterian Church 14401 Old Cutler Road in Miami this coming Wednesday at 7:00 PM.  The church serves a dinner at 5:45 – 6:45PM if you are interested in eating beforehand.  You can call me or write if you need any more information.

Thanks again,

Russell

It seems like yesterday that the CROSS Florida Christian recovery conference opened its doors to the Christian recovery community. It was a wonderful two days for all involved; many attendees have shared their positive experiences of change and inspiration with us. We’d like to share Elizabeth B.’s (nickname Lizzy) testimonial with you, below. It’s a testament to the power of Christ’s love.

We’re grateful for her honesty and trust in sharing her feelings. Please feel free to share your experiences with us on CROSS Florida’s website, too.

Elizabeth B.’s Experience:

 ”I came to the Recovery conference not trusting God, I had doubts because of the past troubles I been throught, my heart was troubled. I grow up in a church so are ready know who Jesus was. I was not trusting God.

Saturday Morning during worship I felt God with me, him around me. I worshiped with my eyes close that morning just feeling his love around me. The testimonys were great. Jenny Wades was good to it brought back memories of what happpend to me back from September 2009 I was 27 yars old when happened to me in STS yes I still get triggers every morning. I wake up thinking about it. I was assaulted by my STS driver.

Luanching a womens support by Debbie Beotriz & Christine was good got some Ideas from that, Learning the power of your story by Michael Benson was really powerful to me. What happened to you? How it happen to write a good testimony wow,

Cleveland Bell was powerful to me his testimony. There was an altar call on Saturday durning the day.

one was for the unsaved who did not know who Christ was. The 2nd altar for the ones that are ready saved that don’t make time to read the bible or to pray who don’t do it every day my heart was hard I was not open I had written down a question on my paper what if you are ready a Christian and your heart is far away. If you lost your first love that was me my quesion was answered just like that if you are that person stand up just were you are that was me he was talking about. God had answered my question. I stood up along with the the other people that were like me I was prayed for I surrened my pain, my hurts to Jesus that day February 9, 2013 I regave my life to Jesus. That God does care about me he has not left me once.

I was Filled with the Holy spirit God’s spirit I can feel his love again. I been working on the the each of the steps Life’s healing Choices evalating my life. I even have a sponder now. I suffer from lower back pain since I was 27 years old due to my past what happend to me as a baby by my birth mother yes it pains me still to think about what she did to me. I was adoped at 14 months old thats how I ended up in miami.

I hold my breath when I’m in pain which is not good bcause I cause my self to pass out I forget to breath than its lights out. I remembered to breath now after what happend to me back in January 4, 2012 after passing out in the Apple store from the back  pain being so bad I have to tell my self to take a breath.

I been spending the night at Jennys’s house all weekend for the conference. Saturday night I could not sleep I use the heating pad on my back, In Jenny’s bed while Jenny was in the living room watching tv. she fell asleep in the recliner she was sitting in. I came out of the room going to the living room she wakes up says I fell asleep put the leg part down. Jenny is going to get up when I came and sat in her lap layed my head over her heart to listen to Jenny’s heart beat, Jenny started to rock the recliner it hurt my back as she did this I felt pain in my back has been hurting since Friday night.

Jenny stop rocking your hurting my back I say, I sit up to put up the feet part up of the chair so I can straighting my legs to stop the pain Jenny moves her feet as well I lay back down again I want to hear Jenny’s heart beat, Jenny flips throuht the channels again finds this show that she watch growing up a show not from my life time called Get Smart to watch this was late at night 1:00am. I found it funny, I close my eyes as I listen to Jenny’s heart beat and her breathing I almost fell asleep on Jenny. The next Comercial I’m going to bed says Jenny, It did not happend she waited to the show was over let me rest in her lap.I felt comfort there God’s love. That was coming out of Jenny like I was in God’s lap.

We should be able to run to God sit on his lap rest in His arms, when we have troubles, not to be scared run to God ask for help God’s help. Jenny was an example of that last Saturday night on February 10, 2013.

On Suday I was filled with Joy God’s Joy in my life again something about me was change a friend told me at church after I was droped off you look like your filled with the Holy spirit I explain to her what happend to me.

The First Annual CROSS (Christian Recovery Organization Summit of South) Florida Conference and Concerts were a wonderful success. What a privilege to have met and worked with everyone involved in the spirit of Christian Recovery this past Friday and Saturday! The success came from people devoted to making changes in their own and other people’s lives. You could feel God working through the weekend while we honored, learned about, and promoted Christian Recovery.

Thank You to All Involved

We were so blessed to have the support of First Presbyterian Church and Minister Chris Atwood, as well as the many incredible speakers, ministers, Churches who were involved! Musical guests Kathleen Carnali and Sweet Jesus brought extra inspiration with their beautiful, uplifting music. We’d like to express many thanks to all the sponsors, too. Each one of us was chosen to be there this weekend, to learn, grow, and share. The building and nurturing of a Christian recovery community is in full swing!

Letters from Conference Attendees

We’ve had wonderful feedback from several attendees committed to recovery in Christ. They are so ready that they are looking forward to next year’s conference! Marlen O. writes that she was compelled to thank everyone who assisted the event after she saw what God was doing to move the hearts of the people in the area of Christian Recovery:

 “The worship was literally out of this world,” she writes. “I was taken to a place where I no longer mattered and my only concern was to be near Him. Sherwin Jose and his band, Sweet Jesus and Kathleen Carnali were SO amazing!!! They literally made this a world class event. The workshops and speakers we great and we were able to see the Christian recovery community grow as a family, witness revival, see people led to the Lord and see people recommitting their lives to the Lord (yours truly being one of them).”

Another conference attendee wrote us an email about her experience meeting the speakers and other attendees. She met many people who had been abused, who had succumbed to pain: “I heard some of their stories with my physical ears. BUT then with my spiritual eyes and ears I saw and heard beauty in ashes.  What the Devil meant for bad, God had turned to good.  Their healing and fulfillment had come in full surrender to Jesus Christ. They’d been washed in the blood of Christ and wore new garments, having surrendered their tattered and torn ones.”

One of the aims of the conference was to help move beyond the pain of addictions to wholeness. And it seems to have helped:

“Their stories though painful ended with a great sounding crescendo that the best musical instruments could never repeat.  Lost souls with holes in their hearts had found their way to the Father of all who touched them with true unconditional love, healed them and fill them, making them whole.  They proclaimed that their days were not void of struggles but with God it was possible for them to successfully make it through.  They are the most beautiful people I’ve seen, they lifted their hands and heads to God in praise.  WOW, how beautiful they are – God’s children, forgiven and reborn.  Amen! Congrats to Russell Spatz for letting God use you – CROSSFL!”

Amen, and thank you to all for attending. Save the date for next year’s conference, or register now, and God bless you!

Image: Geralt

The Christian Recovery Organization of South Florida Summit kicks off today! Bringing together a loving, large group of people devoted to God’s work of helping others has been a labor of devotion, faith, and love. I hope to see all of those committed to helping their neighbors in recovery turn out! The Summit is being held at the historic First Presbyterian Church from Friday, February 7, to Saturday, February 8.

There Is Still Time to Register!

In case you’re worried you might be too late to register, registration will be ongoing up until the Summit on Friday, from 8 a.m. to 8 p.m. The regular registration rate is $65 until February 7, and $75 at the door for walk-ins. I really hope you register early; only registered guests are guaranteed seats!

Get Inspired: Great Speakers

We have so many wonderful keynote speakers, including Jerry Sharpe, founder of God and the 12 Steps, and co-leader of the Recovery Bible Study, along with Stephen “Brother Stevie B.” Boyarsky. Stevie B. is also the Ministry leader of Celebrate Recovery at Lighthouse Community Church in Dania Beach, FL. These two leaders in the Christian Recovery movement of South Florida will be gratifying to listen to and speak with. Cleveland Bell, the Executive Director for Riverside House, a non-profit, faith-based organization, will also be speaking at the summit. Once an inmate himself, through God he has become an inspiration for us all.

Christian Workshops Explore Ways to Improve Our Lives

I’m also excited to announce several additions to our already-rich offerings for this weekend’s CROSSFlorida Summit. We are working to bring speakers and presentations that address peoples as a whole. We’re looking forward to Dr. Cristina Espinoza-Alguera’s healing workshop. Christina is the founder of Cave Solutions Institute, and brings with her a mission to help individuals discover their God-given natural talents, dreams, and life purposes.

We’re also looking forward to Paul Osterman’s workshop: “Beyond Relational and Sexual Brokenness.” Paul is the founder and Executive Director of Restoring Hope Ministries. We’re also looking forward to Dr. Chuck Dickson, Psy D., and his lecture on codependency and its effects on the family. Oftentimes we overlook how much addiction affects everyone around us.

There are many more wonderful speakers sharing with us at the summit, so please head over to CROSSFlorida’s website to learn more.

I’m looking forward to meeting all of you there!

Please click for directions to the CROSSFlorida Summit.

Image credit: UrsulaStephens.com

Join Fellow Christians in Musical Worship at the Christian Recovery Organization Summit of South Florida

The Christian Recovery Organization Summit of South Florida (CROSS Florida) is right around the corner! You can become a part of the Christian recovery movement on Friday, February 8, and Saturday, February 9 in Miami, FL. The CROSS Florida Summit brings Christians and Christian Recovery Groups together to improve their Christian recovery ministries- and to praise the Lord in worship and in beautiful music, as well!

Christian Music to Inspire Faith, Hope, and Love

We are excited to share uplifting live music from Kathleen Carnali and Sweet Jesus that weekend. Kathleen Carnali is an international touring artist, and will be performing Saturday night. Her set will feature lead guitarist Dyce Kimura and violinist Carl Schmid. Her singing ministry takes her around the world, spreading the Lord’s good word. Kathleen’s inspiring music brings a strong message of love for Christ.

Sweet Jesus, a Christian ministry band, will lead worship for us on Friday night. They are a local band affiliated with Lighthouse Community Church in Dania Beach and led by rocker in recovery Dyce Kimura. Sweet Jesus not only brings musical worship, they also share gospel through Pastor Alex Pereda’s message. Other band members include Bekah Hernandez, Chris Wallace, Jonathan Wall, Carol Ascari, and Marla Tallant. We are so blessed to have both Kathleen Carnali and Sweet Jesus grace us with their inspiring music.

Register for the Summit

Be sure to register for the summit soon! Remember the summit is being held at First Presbyterian Church on beautiful Brickell Avenue. The deadline for the regular rate registration is February 7, 2013, at $65. Walk-in registration at $75.00 will be available the day of the event from 8:00 a.m. to 8:00 p.m., but only registered guests are guaranteed seats!

Please email registration@crossflorida.org or call 954-534-0510 with any questions regarding registration. We hope to share in God’s love with you at the summit!

Christian Workshops in Addiction and Grief Recovery

Cross Florida will be hosting the first Christian Recovery Conference in South Florida on February 8-9, 2013. This first-of-its-kind conference will bring Christians and Christian Recovery Groups together for a weekend of learning, community building, and praise of God. The summit will provide many workshops centered on Christian recovery methods and experiences.

Addiction Recovery Workshops

Attendees can benefit from workshops focusing on various kinds of addictions, including food, sex, and alcohol. “Hold onto the Word, not the Fork,” will teach attendees how to differentiate between emotional and physical hunger, and works on the premise that overeating is a symptom of a greater problem, our relationship with God.  Summit goers can look forward to Pastor Carey Miller’s presentation “Our God is Able,” on overcoming addictions through Scripture and his 66 years of experience, as well as Alan Oria’s workshop on Breaking the Cycle of Addiction. Mr. Oria will focus on the cycle from denial to full addiction and recovery, the addictive brain, and addictive behaviors.

I will also be presenting a workshop on the next frontier in recovery. “Emotional Sobriety” will focus on unhealthy dependencies and breaking the bonds of idolatry. Idols come in many forms, including dependence on alcohol, over-attachment to people, property, roles in society… in short, anything that can substitute for God.

Grief and Empowerment Workshops

Other striking workshops cover staying sober while dealing with grief, either from a loved one dying or with post-abortion trauma. The underlying theme is learning to ask for God’s help in dealing with grief, recovery, and healing. There will also be an opportunity to partake in the launch of a women’s support group for ladies experiencing “Life’s Hurts, hang-ups, and unwanted habits.” Bring ideas for book study and perhaps volunteer to be a servant-leader for the group!

The “Learn the Power of Your Story” workshop is presented by Michael Benson and designed to help people understand and use the power of their testimonials. This workshop will allow attendees to share their stories and truth in every twelve step meeting through scripture.

Please head over to our website to learn more about the featured speakers, and remember to register early! Early registration at a discounted rate is available until January 15, 2013.

I am the proud organizer of CrossFlorida, a non-profit organization that is a branch of Alive Again Ministries. Cross Florida is committed to creating an environment which encourages and promotes Christian fellowship of people in Christ-based 12 step recovery programs, bringing these good people together with a common purpose.

In this effort, CrossFlorida will be hosting its first Christian Recovery Conference in Miami, FL on February 8-9, 2013. The conference will feature two days of intense, enriching workshops, beautiful worship services, and in-depth information regarding topics such as emotional codependency and addiction recovery. Sweet Jesus and Kathleen Carnali will be leading live praise and worship that weekend.

Bringing Christians Together

The workshops will cover issues we all might face at some point in our lives and with which we need help. They include breaking the cycle of addiction, recovery in emotional sobriety, and creating a sober world, among others. I will be speaking on unhealthy dependencies and breaking the bonds of idolatry. The two day event will be held at First Miami Presbyterian Church at 609 Brickell Avenue, a historic building in Miami surrounded by first class restaurants and hotels within walking distance of the church.

Register Early!

Early registration at a discounted rate is available. The deadline for early registration at $45.00 is January 15, 2013. The deadline for the regular rate registration is February 7, 2013 at $65.00. Walk-in registrations are available the day of the event from 8:00 am to 9:00 pm, but only pre-registered participants are guaranteed seats. This rate is $75.00. Please email registration@crossflorida.org with questions about registration or call 305-586-3056.

We’re proud sponsors of The Social Y, Inc., a Florida not for profit benefit corporation. The Social Y empowers and promotes personal development for the pre-teen, teenage, and young adult community locally. We stand behind its mission, to inspire self-sufficiency and create positive growth within these young people’s social networks by building a solid foundation.

A child’s foundation is strengthened by their family, friends, and teachers. The Social Y does a wonderful job of supplementing and sometimes completely providing opportunities for collaboration and personal development through tangible, real-life programs like Dreamweaver. Dreamweaver helps students identify their life goals and shows them how to choose the right steps toward a career path.

This year The Social Y has partnered with The Miami City Ballet to present tickets to George Balanchine’s The Nutcracker™. Please help us support this worthy organization by attending on December 15. Email info@socialyonline.org if you’re interested in purchasing tickets at a 50% discount. Consider making an online donation if you can’t make it to the performance. We hope to see you there!

George Balanchine’s The Nutcracker™

December 15, 2012 2 P.M.

Broward Center for the Performing Arts

201 S.W. 5^th Ave.

Ft. Lauderdale, FL