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Making it Easy

Discussion in 'Cop Talk' started by isnerbs, Nov 7, 2011.

  1. isnerbs

    isnerbs

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    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:
     
  2. jpa

    jpa CLM

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    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:
     

  3. JBaird22

    JBaird22

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    I'm sure there was a robbery or burglary in progress.

    Besides (wait for it) Its just weeeed maaannnn.
     
  4. isnerbs

    isnerbs

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    Weed and a Schedule II narcotic... :tongueout:
     
    Last edited: Nov 7, 2011
  5. scottydl

    scottydl

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    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?
     
  6. collim1

    collim1 Shower Time!

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    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.
     
    Last edited: Nov 8, 2011
  7. scottydl

    scottydl

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    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.
     
  8. collim1

    collim1 Shower Time!

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

    jpa CLM

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

    scottydl

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    ^^ 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.
     
  11. DaBigBR

    DaBigBR No Infidels!

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    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.

    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.
     
  12. collim1

    collim1 Shower Time!

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    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.
     
  13. SCSU74

    SCSU74 St. Cloud Proud

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    We Can, and it's AWESOME to watch haha
     
  14. Mayhem like Me

    Mayhem like Me Semper Paratus

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    thats what search warrants are for....
     
  15. trdvet

    trdvet

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    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.
     
  16. PinkoCommie

    PinkoCommie Unusual Member

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    Dang. Now I want to work in TX.
     
  17. DaBigBR

    DaBigBR No Infidels!

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    You would have gotten more points had it struck your windshield... :whistling:
     
  18. mj9mm

    mj9mm

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    just like pacman
     
  19. isnerbs

    isnerbs

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    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:
     
  20. boomhower

    boomhower

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    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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