Posted on 09/28/2017 3:18:17 PM PDT by JP1201
The plaintiffs, who are represented by the ACLU of Georgia, were all stopped for briefly touching or crossing the line at the edge of their lanes—an offense that every driver on the road probably has committed at some point. They were all evaluated by Carroll, who deemed them stoned despite their protests to the contrary. They were all arrested for DUI and spent a night in jail. And in all three cases, as WXIA, the NBC station in Atlanta, revealed in an exposé last May, the DUI charges were eventually dropped after blood tests found no trace of marijuana—neither active THC nor inactive metabolites.
"As a result of their prosecutions," the ACLU complaint says, "Plaintiffs suffered the loss of liberty, extensive monetary losses, reputational damages, humiliation, and emotional distress," all "because a police officer had a hunch, based on deeply flawed drug-recognition training, that they might have been smoking marijuana." The ACLU notes that Carroll used a "watered-down version" of the 12-step DRE protocol, which "is itself riddled with flaws, based on discredited studies, and irresponsibly entrusts police officers with performing essentially medical or scientific tests."
(Excerpt) Read more at reason.com ...
A 12 step protocol? Don’t they have to get convicted before they have to go to AA?
Drug Warrior: So what? They must have done something sometime.
Soon there will be a ‘fingerprint’ drug test, that will detect MJ and cocaine, and many other drugs. No need to draw blood with that test.
And the police wonder why their credibility is rapidly disappearing.
"Reason" magazine is a well known drug legalizing apologetics effort.
Libertarians are always going on about drugs.
Those detect metabolites, not really good for showing you’re under the influence right then. No good for DUI.
Field sobriety tests have always been problematic. They’re pretty hard to pass stone cold sober, especially on the side of the road with the fear of going to jail if you fail. Most places you can decline and skip to the breathalyzer/ blood test, and you should if you can, even if you’re a teetotaler.
Neither option is very appealing.
Despite being a lifelong "teetotaler" (yah,I know...boring) there's no way I'd be able to pass a roadside test.Two metal hips (balance/walking) and a chronic respiratory condition (the breathalyzer device) would see to that.
If I was ever stopped I'd demand to be taken to a hospital to have my blood drawn.And once shown to have a 0.00 level I'd demand that the hospital bill the police department.
“Reason” magazine is a well known drug legalizing apologetics effort.
Libertarians are always going on about drugs.
Where do you get this info? It's always been my belief that refusal means automatic conviction.
We have one of these DRE officers in our jurisdiction. He even testified that the defendant was impaired by marijuana even though the blood test showed nothing. He’s right and the lab was wrong. Although most of the judges don’t believe him, he still has a gun and a badge.
“”Reason” magazine is a well known drug legalizing apologetics effort.
Libertarians are always going on about drugs. “
Well, maybe it’s that “little thing” about the Constitution and the Bill of Rights that has them questioning these actions. Georgia,and the entire Eastern Seaboard States have law traffic law enforcement that would make Attila the Hun proud. In GA the Sheriff’s departments used to “take donations” and issue “stickers” that were supposed to get you a break during the double nickel era which were nothing more than extortion under color of authority. Used to be that Ludowici, Georgia was considered by the AAA as the speed trap capitol of the country.
New drug test can detect cocaine in a fingerprint in seconds
https://www.cnbc.com/2017/09/22/new-drug-test-can-detect-cocaine-in-a-fingerprint-in-seconds.html
I was actually looking for an article from many years ago about a New Drug Test that is a piece pf paper, they caught all the Drug Warrior Higher Ups in Canada at a Drug Enforcement Conference under the Influence of numerous Illegal Drugs, but refused to tell which one had which drugs in their system, They notified the Guilty parties and confronted them with the evidence, but it made the NEWS everywhere when it happened. But the Story ended that very day and was never brought up again.
“‘fingerprint’ drug test”
I believe it only detect THC metabolites, which will be present if you smoked in the last 30-45 days.
No court will convict on that.
We need a test for active THC in the system...now. And we need an impairment threshold.
But therein lies the problem. Impairment occurs at microgram levels...perhaps picogram. And no roadside test or affordable clinical test can detect at those levels.
We’ll see more LEO overreach because we don’t have an affordable, accurate test. And there’s none on the horizon.
We’ll also see dangerous people on the road because of it.
Yeah, if the cop can’t confiscate the smoking joint, no prosecution will hold up in court.
Not for the foreseeable future.
And no appeals court will take the word of the cop alone.
Thank God.
No, most place refusing the breathalyzer is automatic suspension of you license, then they get a warrant and get your blood. There’s no automatic conviction for constitutional reasons. In every jurisdictions I’ve gone through the license process in they say you can refuse the sobriety test but not the breathalyzer.
... and civil liberties.
DRE, another stink pile of turds invented by the pseusdoscience of psychology.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.