You Don t Know Spit.but you will soon!

Transcription

1 You Don t Know Spit.but you will soon! Karen C. Wittman Deputy District Attorney Mark Dupree-District Attorney Wyandotte County District Attorney s Office

2 If you spit you must convict. Spit happens!

3 Roadside testing Preliminary Breath Test for alcohol! 1.Convenient 2.Less invasive still a search 3.PORTABLE 4.Instant results

4 Roadside Testing Per statute ONLY admissible in a hearing to establish probable cause is not admissible to prove a DUI Refusal of the Preliminary Breath Test is not admissible to prove a DUI (State v. Wahweotten) Only good for alcohol

5 Oral Fluid Drug use Gender neutral collection No transporting subject No phlebotomists Timely results

6 Oral Fluid Issues Some drugs are known to affect the production of oral fluids collection times may be longer Contaminated with food or other debris Limited Scope you only find what you are looking for There are others..for example cutoff are different between mediums

7 How can Spit aka Saliva help? Can saliva indicate drug use? NHTSA administration Nat l Roadside Survey 2007

8 How can Spit aka Saliva help? Can saliva indicate drug use? Since 2007 Australia and United Kingdom have been collecting Saliva samples

9 How can Spit aka Saliva help? Can saliva indicate drug use? Canada passed legislation giving officers the authority to demand oral fluid from drugged drivers following a DRE exam.

10 How can Spit aka Saliva help? Can saliva indicate drug use? LAPD testing Drager DT5000

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12 Why oral fluids? Detects recent drug use

13 Why oral fluids? Good correlation with symptoms (observations of officer)

14 Why oral fluids? Basic drugs effectively partition into fluid

15 Why oral fluids? Can detect major drugs of abuse categories.

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17 Roadside Drug Testing In 2011 Legislation authorizes police to administer a saliva test for illegal drug use, just as they do (preliminary breath tests) for alcohol. K.S.A submit to a preliminary screening test of the person s breath or saliva, or both,

18 K.S.A to submit to one or more tests of the person's blood, breath, urine or other bodily substance

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20 Which device?

21 ORAL FLUID STUDY Alere DDS2 Mobil Test System

22 Alere DDS2 Portable-handheld Battery operated Fast (5 min) Printout-hard copy

23 What Does the DDS 2 Test for? Opiates Abbreviation: OPI Benzodiazepines Abbreviation: BZO Cannabis Abbreviation: THC Cocaine/Crack Cocaine Abbreviation: COC Amphetamine Abbreviation: AMP Methamphetamine Abbreviation: MAMP

24 ALERE DDS 2 MOBILE TEST SYSTEM COMPONENTS Alere DDS 2 Mobile Analyser Micro USB cable for connection to PC Printer & cable for connection to analyser QC Test Cartridges (positive and negative) Power supply and cable Soft carry case Car Power Supply

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30 Cocaine Opiates Methamphetamine Cannabis Benzodiazepines Amphetamine

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33 ORAL FLUID STUDY SG CO JAIL DRE Coordinator, Jeff Collier Breath Alcohol Unit of KHP SG CO Forensic Science Center Immunalysis Corporation, Pomona, California

34 ORAL FLUID STUDY 100 volunteers 90 under the influence 10 NO DRUGS

35 ORAL FLUID STUDY

36 ORAL FLUID STUDY

37 Under the influence of something other than alcohol Received no benefit from the study food and personal hygiene bags Age: MAN OR WOMAN No pregnant women!

38 ANONYMOUS

39 CONSENT FORM

40 SCREENER Breath Alcohol Unit of KHP Made sure the consent forms were signed Conducted the ALERE saliva test with device Kept all results from ALERE testing from DRE and lab personnel

41 ORAL FLUID STUDY Saliva swab use of device (results)

42 ORAL FLUID STUDY Blood sample-to compare with device-fsc Wichita

43 ORAL FLUID STUDY Saliva swab sent to California

44 ORAL FLUID STUDY Everyone submitting a sample will go thru a DRE evaluation!!!

45 Drug Recognition Expert--exam The DRE protocol is a 12-step procedure administered to help law enforcement officers identify intoxicants other than alcohol. These steps include (1) a breath alcohol test, (2) an interview with the arresting officer, (3) a preliminary examination requiring an officer to take a brief medical history and examine for illnesses or injuries, (4) an eye examination, (5) field sobriety tests including the Romberg balance test, walk and turn test, one-leg stand, the finger-to-nose test, and the horizontal gaze nystagmus (HGN) test, (6) vital signs such as blood pressure, temperature, and pulse rate, (7) dark room examination where the pupil size is measured and oral and nasal cavities are examined for signs of ingestion, (8) muscle tone is examined, (9) injection site checks, (10) post-miranda interrogation where suspects are questioned about past or existing medical conditions, (11) DRE opinion where the examiner will conclude whether suspect is under the influence of a certain category of drugs, and finally (12) toxicological examination to confirm the presence of any drugs in the suspect's system. MODIFIED only in the BLOOD would be drawn BEFORE THE DRE EXAM.

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47 Oral Fluid Study Had a nurse to draw the blood.

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49 Experimental Design through feedback Volunteers were discouraged from participating and therefore an obstacle to our completion of the study. No other restrictions have been identified

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51 ORAL FLUID STUDY Dr. Rohrig along with Immunalysis Corporation.a paper will be written!!

52 DDS 2 appears to perform well in the field as a presumptive screening device Conclusions All control subjects tested negative w/ device Lab-based results for OF and Blood were all negative Device had good to moderate correlation with lab-based analytical testing

53 Conclusions DDS 2 is another tool to assist LEO in identifying drug intoxicated drivers Additional Field studies are needed Modifying test cartridge to include Methadone Oxycodone Tramadol

54 California Case GOOGLE: Junior Salas Bakersfield Oral swab testing

55 KANSAS ADMISSIBILITY IN COURT???

56 Karen C. Wittman Deputy District Attorney Wyandotte County District Attorney s Office Work (913) Cell--(785)