Minnesota Drugged Driving Summit. Shifting Gears to Address the Challenge

Transcription

1 Minnesota Drugged Driving Summit Shifting Gears to Address the Challenge

2 Lieutenant Don Marose Minnesota State Patrol

3 MN BCA Stimulants 4730 Depressants 2282 Narcotic Analgesics 1760 Cannabis 1096 Dissociative Anesthetics

4 CNS Stimulants 6-4

5 CNS Stimulants Relieve fatigue Aid in weight reduction Reduce the need for sleep Increase energy and confidence levels 6-5

6 Widely Abused CNS Stimulants Cocaine Amphetamines Methamphetamines 6-6

7 Legal CNS Stimulants Diet Max Diet Now Diet Pep Mahuang Anti-insomnia aids (Mini-tabs, 357 Magnum, Ephedrine) 6-7

8 Prescribed CNS Stimulants Ritalin Adderall Dexedrine 6-8

9 General Indicators Euphoria an extremely pleasurable sensation (while the drug is psychoactive) Opposite effect as the drug wears off 6-9

10 General Indicators Restlessness Body tremors Excited Euphoric Talkative Exaggerated reflexes Anxiety 6-10

11 General Indicators Grinding teeth (bruxism) Redness to nasal area Runny nose Loss of appetite Increased alertness Dry mouth Irritability 6-11

12 CNS Stimulants HGN VGN Lack of Convergence Pupil Size Muscle Tone None None None Dilated Rigid

13 CNS Depressants 6-13

14 Classes of CNS Depressants Benzodiazepines Anxiety, stress, panic attacks, sleep disorders Generally not used long term Barbiturates Seizures, sleep disorders, anxiety Used in surgical procedures 6-14

15 Valium Prozac Xanax Soma Alcohol Most Commonly Used CNS Depressants 6-15

16 Illicit CNS Depressants Rohypnol (Flunitrazepam) Gamma Hydroxy Butyrate (GHB) 6-16

17 General Indicators Wide variety of emotional behavior Reduced ability to divide attention Disoriented Slow/Sluggish Thick, slurred speech Drunk-like behavior Droopy eyes 6-17

18 General Indicators Fumbling Relaxed inhibitions Slowed reflexes Uncoordinated Drowsiness Gait ataxia 6-18

19 CNS Depressants HGN VGN Lack of Convergence Pupil Size Muscle Tone Present Present (high dose) Present Normal Flaccid

20 Narcotic Analgesics 6-20

21 Narcotic Analgesics An Analgesic relieves pain by lowering one s perception or sensations of pain Differs from anesthetics which stop nerve transmission Derived from Opium or produced synthetically Induces euphoria, alters mood, and produces sedation

22 Narcotic Analgesics Produce withdrawal signs and symptoms Suppress the withdrawal signs and symptoms of chronic narcotic analgesic administration

23 Narcotic Analgesic Codeine Demerol Heroin Methadone Morphine Lortab Buprenorphine Tylenol 3 (with codeine) OxyContin

24 Commonly Abused Natural Opiates Raw Opium Powdered Opium (Smoking Opium) Other Alkaloids Morphine Codeine Thebaine Diacetyl Morphine (Heroin) Hydromorphone (Dilaudid) Hydrocodone (Lortab) Oxymorphone (Numorphan) Oxycodone (Oxycontin) Buprenorphine (Subutex)

25 Common Synthetic Opiates Demerol Methadone Fentanyl

26 New Synthetic Opiates U Research chemical - Not a controlled substance - 7-8x greater binding affinity Carfentanil - Animal tranquilizer - Schedule II controlled substance - 10,000x greater binding affinity - Potentially deadly if inhaled

27 Potency Relative to Morphine Heroin 2x Codeine 1/8x Demerol 1/10x Percodan = Fentanyl 8x Alpha-Methyl Fentanyl (China White) 80x Methadone 1/2x (Longer Acting)

28 General Indicators Drowsiness On the nod Depressed reflexes Slow, deliberate movements Dry mouth Low, raspy, slow speech

29 General Indicators Euphoria Fresh puncture marks Itching Nausea Track marks

30 General Indicators Inability to concentrate Slowed breathing Skin cool to the touch Possible vomiting Constricted pupils

31 Narcotic Analgesics HGN VGN Lack of Convergence Pupil Size Muscle Tone None None None Constricted Flaccid

32 Cannabis Marijuana Hashish BHO/Hash Oil Marinol Synthetic Cannabinoids

33 Cannabis Effects depend on the strength of the THC in the dose consumed THC concentrations decades ago, peaked at relatively low levels (3-6 %) Current levels are being reported at more than 30%

34 General Indicators Markedly bloodshot eyes Odor of marijuana Marijuana debris in the mouth Body tremors Euphoria Brief attention span

35 General Indicators Relaxed inhibitions Disoriented Possible paranoia Impaired perception of time & distance Eyelid tremors Sedation Dilated pupils

36 Cannabis HGN VGN Lack of Convergence Pupil Size Muscle Tone None None Present Dilated Normal

37 Synthetic Cannabinoid Products

38 Synthetic Cannabinoid Products Not structurally related to THC Has longer duration of action Sold commercially since 2002 as SPICE and as it s parent compound

39 Synthetic Cannabinoid Products Typically include: Olive colored herbs Combination of herbs Plant materials All enhanced with a THC synthetic analog When smoked, synthetic cannabinoid products mimic the hallucinogenic effects of marijuana

40 Synthetic Cannabinoid Effects Panic attacks Agitation Tachycardia (110 to 150 BPM) Elevated blood pressure Anxiety Pallor Numbness and tingling Seizures Convulsions

41 Synthetic Cannabinoid Effects Visual changes Color enhancement Uncontrollable laughter Euphoria Talkativeness Time impairment Sedation Sleep aid Analgesia Anti-depressant Sexual stimulation

42 Medical Marijuana

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44 Cannabis Applications Lowers intraocular pressure Suppresses nausea Helps inhibit seizures Appetite enhancer A muscle relaxant A tumor growth retardant

45 Marinol Applications Legitimate medicinal use as an anti-vomiting agent, commonly associated with cancer chemotherapy Other uses include treatment of glaucoma or as an appetite enhancer for anorexia disorders

46 DWI and CANNABIS in MINNESOTA Can you get arrested for DWI with marijuana?

47 DWI and CANNABIS in MINNESOTA Can you get arrested for DWI with marijuana? YES.kinda 169A.20 Subdivision 1 (2) Influence of a controlled substance (7) Presence of a S-I or S-II substance (except marijuana or THC)

48 WARRANT or NO WARRANT?

49 WHEN DO I NEED A WARRANT? BREATH? BLOOD? URINE?

50 WHEN DO I NEED A WARRANT? Breath Tests Does not require a warrant (Brooks vs. MN) Read the MN Implied Consent Advisory Refusal Law upheld (Bernard vs. MN) Complete file in echarging License sanctions take effect with.08+ test

51 WHEN DO I NEED A WARRANT? Blood Tests Requires a warrant!! Considered to be intrusive DO NOT read the MN Implied Consent Advisory Subject is unable to refuse test (Trahan vs. MN) No license sanctions until after conviction

52 WHEN DO I NEED A WARRANT? Urine Tests Requires a warrant!! Considered to be intrusive DO NOT read the MN Implied Consent Advisory Subject is unable to refuse test (Thompson vs. MN) No license sanctions until after conviction

53 BLOOD vs. BREATH TEST REASONS TO DO A BLOOD TEST Drug impairment Injured in a crash, and is transported to a hospital (conscious or unconscious) Medical condition and cannot provide a breath test DMT unavailable or inoperable CVO or CVH where test refusal is not an option

54 Unconscious Driver Exception Even if search warrant was used, bypass the Implied Consent Advisory and use echarging to process and report test results. Reason: M.S. 169A.51, Subd. 6.: Consent of person incapable of refusal not withdrawn A person who is unconscious or who is otherwise in a condition rendering the person incapable of refusal is deemed not to have withdrawn the consent provided by subdivision 1 and the test may be given.

55 Unconscious Driver Exception Must note in the warrant that you are dealing with conscious or an unconscious driver.

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57 HOW DO I OBTAIN A SEARCH WARRANT? Once you have identified that you need a blood test (or in rare cases a urine test), start the process to obtain a warrant!

58 HOW DO I OBTAIN A SEARCH WARRANT? Get the phone number for the signing judge Typically, dispatch will be able to help you Most jail facilities have a list During the day, a judge may be available at the court After hours, you will need to call the on-call judge

59 HOW DO I OBTAIN A SEARCH WARRANT? Fill out the Affidavit and Search Warrant, following a template or instructions provided Be very descriptive in the probable cause sections of the warrant why you think the subject was driving why you think the subject was impaired

60 GETTING WARRANT SIGNED Fill out the warrant. Call the judge to see if they will complete it over or prefer it in person. If via , you will be sworn in over the phone. If not, you will be sworn in person.

61 GETTING WARRANT SIGNED If done via telephone and , electronically sign the warrant in the affiant section and save it. it to the judge to be signed and sent back.

62 GETTING WARRANT SIGNED If required to be signed in person, you may need a 2 nd officer to assist if the subject is in your custody Pages 1-3: completed by person filling out the application and getting the application warrant signed by the judge. Page 4: completed by person who is executing warrant and receipt and completing the blood draw. That Person also has to get it notarized.

63 GETTING WARRANT SIGNED Once the warrant is signed, complete the blood draw or urine test as usual!

64 WHAT TO DO WITH THE PAPERWORK? Once you obtain the sample, there are still a few more steps to complete the process!

65 WHAT TO DO WITH THE PAPERWORK? Provide the subject with a copy of the search warrant and property receipt Do not give copy of the affidavit to the subject Contains probable cause information Once filed, it becomes public data and can be problematic if we are investigating a case The property receipt does not need to be notarized prior to you providing it to the subject

66 WHAT TO DO WITH THE PAPERWORK? After the arrest, get property receipt notarized by a public notary (not a peace officer). Original copy, with all the signatures get filed with the court Keep the Medical Certificate with you reports Warrants must be filed within 10 days

67 BCA/eCharging Electronic Search Warrant Project Allowed by statute in 2015 Currently in development Pilot project in fall/winter of 2016 Statewide deployment in early 2017

68 What is a DRE? DRUG RECOGNITION EVALUATOR Police officers who are highly trained in detecting and recognizing impairment caused by substances other than alcohol.

69 What Does the DRE Do? Provides expertise and assistance in impaired driving investigations Normally has a Post-Arrest involvement Requested when impairment is not consistent with the arrestee s AC

70 Three Determinations of the DRE Determines if the subject is impaired Determines if the impairment is drug or medically related If drug related, the DRE determines which category of drug(s) is likely causing the impairment

71 The Drug Recognition Evaluation Procedures 12- Step standardized and systematic process DREs follow an evaluation checklist Proceeds from AC through assessment of signs of Impairment to toxicological analysis Similar to standard medical diagnosis procedures DRE Procedures Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12

72 Step 1: Alcohol Concentration DRE or Arresting Officer determines if alcohol is involved

73 Step 2: Interview the Arresting Officer DRE determines the reason for the arrest Driving observed? SFST results? Statements made? Other relevant matters

74 Step 3: Preliminary Examination Fork-in-the-Road for the DRE DRE determines if there is sufficient reason to suspect drug impairment Determines if impairment may be medically related

75 Step 4: Eye Examinations DRE tests for: Horizontal Gaze Nystagmus (HGN) Vertical Nystagmus (VGN) Lack of eye convergence

76 Step 5: Divided Attention DRE administers divided attention tests: Modified Romberg Balance Walk and Turn One-Leg Stand Finger-To-Nose

77 Step 6: Vital Signs Examination DRE conducts three vital signs examinations: Pulse rate (3 times) Blood pressure Body temperature

78 Pupilometer used to estimate the suspect s pupil sizes in three different light conditions. Includes examination of nasal and oral cavities. Step 7: Dark Room Examination DRE examines suspect s pupils

79 Step 8: Muscle Tone DRE examines arrestee s arms for muscle tone; flaccid, rigid, or normal

80 Step 9: Examination For Injection Sites DRE examines for injection sites Frequently areas used include: Arms Neck Ankles

81 Step 10: Statements & Interview DRE conducts a structured interview Miranda warnings given if not previously done Suspect questioned about drug use based upon the results of the evaluation DRE records admissions

82 Step 11: Opinion of the DRE DRE forms an opinion as to the drug influence and the category(s) of drug(s) DRE makes an informed opinion based upon totality of evaluation and evidence DRE Symptomology Matrix used to form final opinion

83 Step 12: Toxicology DRE requests urine or blood sample for analysis Implied Consent statute followed/warrant obtained