Making it Easy [Archive] - Glock Talk

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isnerbs
11-07-2011, 01:41
I stopped a guy the other day that just made my job far too easy... :cool:

I was running stationary radar in a neighborhood that I have always had luck with, despite the large 25 MPH sign with blinking lights on it. A vehicle enters radar at 49mph, so I proceed to stop the vehicle and approach the driver.

I introduce myself and explain the reason for the stop (verbal judo style), to which the driver responds "Man, I'm not going to lie to you. I've been smoking weed and I ain't got a license." :wow: "Sir, go ahead and step out of the vehicle." The car REEKED of weed.

Obviously the driver was detained and I proceeded to search the car, which wasn't his, it was his sister's rental :brickwall:. In the center console I found a Schedule II narcotic in a baggie. Surprise of all surprises, he didn't have a prescription for it either. :shocked:

I ended up with three misdemeanor and one felony charge for that guy. He just made it so easy. :cool:

jpa
11-07-2011, 09:24
Sometimes it really is that easy. But as everyone knows traffic isn't real law enforcement and you could be spending that time on catching real criminals. :upeyes:

JBaird22
11-07-2011, 11:23
I'm sure there was a robbery or burglary in progress.

Besides (wait for it) Its just weeeed maaannnn.

isnerbs
11-07-2011, 14:34
I'm sure there was a robbery or burglary in progress.

Besides (wait for it) Its just weeeed maaannnn.

Weed and a Schedule II narcotic... :tongueout:

scottydl
11-08-2011, 08:34
I'm sure his admission was a result of your stellar interview skills! You know, like walking up to the car and introducing yourself. ;)

Could you have gone for a DUI Drugs charge?

collim1
11-08-2011, 08:53
I'm sure his admission was a result of your stellar interview skills! You know, like walking up to the car and introducing yourself. ;)

Could you have gone for a DUI Drugs charge?

Its not easy in my jurisdiction, even now that we have a few guys who are DRE certified, the few cases we have done didn't go anywhere.

I walked up to a car I stopped for a seatbelt violation once and the first thing out of the driver's mouth was "I am holding some weed man".

He told me later that he was so nervous that he couldn't stand the suspense of waiting for me to notice the marijuana odor. Truth be told I never smelled anything. Thanks buddy.

scottydl
11-08-2011, 08:58
Its not easy in my jurisdiction, even now that we have a few guys who are DRE certified, the few cases we have done didn't go anywhere.

That's interesting (and unfortunate)... in IL it's no harder than a regular DUI, we just take them to the local ER for a blood draw instead of a breathalyzer at the station.

collim1
11-08-2011, 09:02
That's interesting (and unfortunate)... in IL it's no harder than a regular DUI, we just take them to the local ER for a blood draw instead of a breathalyzer at the station.

In my state we gotta have consent for a blood draw unless it is a wreck scene with serious injury.

jpa
11-08-2011, 09:07
In my state we gotta have consent for a blood draw unless it is a wreck scene with serious injury.

Implied consent doesn't cover it? IIRC in IL it's officer's choice for breath, blood or urine.

scottydl
11-08-2011, 09:12
^^ Right, we can't hold them down and FORCE a blood draw (or breath/urine for that matter) but they suffer the consequences and license is suspended for twice as long if they refuse.

DaBigBR
11-08-2011, 09:34
Its not easy in my jurisdiction, even now that we have a few guys who are DRE certified, the few cases we have done didn't go anywhere.

You really need to have your prosecutors on board for a DRE program to function. As much as I can speak ill of our prosecutors, this is one area that they have their act together.

That's interesting (and unfortunate)... in IL it's no harder than a regular DUI, we just take them to the local ER for a blood draw instead of a breathalyzer at the station.

In my state we gotta have consent for a blood draw unless it is a wreck scene with serious injury.

Implied consent doesn't cover it? IIRC in IL it's officer's choice for breath, blood or urine.

^^ Right, we can't hold them down and FORCE a blood draw (or breath/urine for that matter) but they suffer the consequences and license is suspended for twice as long if they refuse.

All fifty states have implied consent statutes, but the exact working of the statute varies pretty widely. For example, in my state we don't have the ability to force blood, unless with a search warrant, which requires a serious PI or fatality crash in the first place.

Beyond that, if we request blood under implied consent, we can't revoke their license for test refusal unless we first offer them an alternate specimen (breath or urine). The logic being that blood draws are more invasive, etc. I definitely don't agree with the law, but it is what it is, I guess.

Finally, implied consent sanctions are administrative only here and not criminal. In some states, test refusal is a criminal offense all its own, where here it is merely a license revocation and the fact that the person refused can be used as evidence for the criminal charge.

We also are still doing urine for almost all drug impairment cases. Our state lab is "working on" getting going with blood testing, but that's been the case for three or so years.

collim1
11-08-2011, 10:43
Implied consent doesn't cover it? IIRC in IL it's officer's choice for breath, blood or urine.

Implied consent specifies the breath test, with a refusal they get a 90 day suspension. A second refusal in a five year period is a 1yr suspension. There is no criminal charge for a refusal, but there is a 24hr hold at the jail on anyone who refuses. That alone is enough to make most of my DUI's take the breath test.

One funny thing is that the law states if they agree to the breath tests and then they want a blood test because they dont agree with the breath test result we HAVE to accommodate that wish.

Its funny because the blood result is always .01-.02 higher than the breath result.

SCSU74
11-08-2011, 11:14
^^ Right, we can't hold them down and FORCE a blood draw (or breath/urine for that matter) but they suffer the consequences and license is suspended for twice as long if they refuse.

We Can, and it's AWESOME to watch haha

Mayhem like Me
11-08-2011, 13:31
^^ Right, we can't hold them down and FORCE a blood draw (or breath/urine for that matter) but they suffer the consequences and license is suspended for twice as long if they refuse.

thats what search warrants are for....

trdvet
11-08-2011, 15:22
Easy?

Clocked a guy at 20 over, got behind his vehicle and pulled him over. While doing so he threw a bag of weed out the window while I was right behind him.

PinkoCommie
11-08-2011, 15:28
We Can, and it's AWESOME to watch haha

Dang. Now I want to work in TX.

DaBigBR
11-08-2011, 19:19
Easy?

Clocked a guy at 20 over, got behind his vehicle and pulled him over. While doing so he threw a bag of weed out the window while I was right behind him.

You would have gotten more points had it struck your windshield... :whistling:

mj9mm
11-08-2011, 19:26
just like pacman

isnerbs
11-09-2011, 08:06
I'm sure his admission was a result of your stellar interview skills! You know, like walking up to the car and introducing yourself. ;)

Could you have gone for a DUI Drugs charge?

I could have tried for DUI, but he wasn't showing signs of impairment, and he wasn't being a ******, so I decided to cut him a break on that... :whistling:

boomhower
11-09-2011, 09:22
We can force a blood draw without a search warrant as well. Haven't had to do it yet but tends to get more voluntary breath samples.


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nikerret
11-10-2011, 02:46
Do you know why I stopped you?

"Cause, I'm drunk."

Really happened.

PinkoCommie
11-10-2011, 07:14
Do you know why I stopped you?

"Cause, I'm drunk."

Really happened.

I had a couple of those...

"The reason I stopped you is because you made a wide turn onto Broadway."
"Oh, that's cuz I'm too drunk to drive".
"OK".

SCSU74
11-10-2011, 14:49
Dang. Now I want to work in TX.

always get interesting looks from other people in the ER when a guy in cuffs is being held down and a nurse is trying to stick him with a needle haha

CanIhaveGasCash
11-10-2011, 20:39
Do you know why I stopped you?

"Cause, I'm drunk."

Really happened.

How much have you had to drink tonight?

"too much to be driving"

one of my favorites.

x_out86
11-10-2011, 20:46
We Can, and it's AWESOME to watch haha
So do we. No search warrant required because of the exigency of evidence.

To prove a DRUGGED Driving, we just need a blood test to show "a detectible amount of a restricted/controlled substance". For weed it needs to show "Delta-9 THC". I am told this means that it has been in their system less than 3 hours or so.

Oh yeah....and we can also charge the bad guy for the cost of the blood test. Just recently due to a new law, you can be charged for the cost of the blood test as part of your conviction/restitution.

Milltown
11-11-2011, 11:22
That's about as good as walking up to a sketchy vehicle and telling them that the drugs better be on the dash when you get back.

It's amazing how many stupid people they get with that.

Sharky7
11-11-2011, 11:55
Honesty goes a long way with me. I try to cut people some breaks if they are completely honest.

You consider working him as an informant? If he is that straight forward, he might want to help solve some outstanding crimes or flip on his dealer so he can get some of his charges reduced.

ClydeG19
11-11-2011, 11:59
So do we. No search warrant required because of the exigency of evidence.

In AZ, the officer has the choice to require the driver to provide blood, breath, or urine sample. Many depts here are going to all blood. If they refuse, we suspend their license for a year via implied consent. We can still get a telephonic search warrant and get a sample from an unwilling driver.

indigent
11-11-2011, 13:47
We Can, and it's AWESOME to watch haha

It's even more fun when your getting paid to do the holding and in my case the drawing.

isnerbs
11-11-2011, 14:47
Honesty goes a long way with me. I try to cut people some breaks if they are completely honest.

You consider working him as an informant? If he is that straight forward, he might want to help solve some outstanding crimes or flip on his dealer so he can get some of his charges reduced.

I could have worked him, but he was from OH, and we were in VA. He told me that he bought the stuff from his guy in OH before coming down to VA to visit his son and baby mama. :dunno: