DUI charges dropped against police officer

[sgt7546]

Originally Posted by Charlie B

If this were the case, why didn’t his department offer him some kind of rehab program? I know this has been done in other departments.

He resigned.

[Archiver]

Its a weird world we live in.

I know of at least one area magistrate who regularly uses cocaine and everybody but Law Enforcement seems to know but no one cares! It could be because he knows who else is breaking the law. Example, one area police chief regularly abuses his wife...nothing ever done.
As someone pointed out the cop probably thought he was being tested for internal use only. He probably figured that once again his "buddies" through the "blue bond of brotherhood" would cover his posterior. Fortunately, some decent cops stood up for some basic principles and at the very least rid themselves of someone who endangered themselves (cynicly... more so than "for the public good"). It also makes me wonder just how often the police mess up these kind of cases



In the long run At least the rule of law and civil rights, (proper procudure) prevailed!

[DPD15]

REHAB? Give me a break, the (resigned) dirty cop had DRUGS in his system - he can go to REHAB on his own dime - he's finished as a law enforcement officer as he "tarnished the badge" and violated the trust of the community. No REHAB for this dirty cop!

Remember folks if he is using then he is buying the dope from someone - a criminal element and (obviously) not arresting them; so at what point does the "seller" decide to blackmail the dirty cop for other things to advance their criminal career - well now we don't have to worry about that 'cause he's busted!

As to "under the influence" if a drug or alcohol is in your BLOOD - you are under the influence and the arresting officer should articulate objective symptoms of impairment with a basic standard field sobriety exam(s).

As to the "dirty cop" getting off - the investigating agency OBVIOUSLY screwed up OR knew exactly what they were doing - if you get my drift.

An officer who is under investigation by their Department should have had a blood sample taken for ADMINISTRATIVE purposes (internal investigation) - that is for the Department investigation for the alleged misconduct and a sample taken for CRIMINAL purposes OR the officer is to be advised that the sample can be used for both - but that is not a good idea. If this had been done the case can be bifurcated so this dirty cop can be charged.

Also if they took blood, they must have been a suspicion of something other than alcohol since he didn't have alcohol on his breath (or did he?). An officer knowledgeable in narcotics/drug influence should have examined him (dirty cop) and rendered an opinion of impairment as well. This entire case smells!

[LittleRedToyota]

Originally Posted by DPD15

As to "under the influence" if a drug or alcohol is in your BLOOD - you are under the influence and the arresting officer should articulate objective symptoms of impairment with a basic standard field sobriety exam(s).

if this is in response to my question, the person in that case was not under the influence. the case was posted by a police officer over on glocktalk...and a few other officers said they had seen similar cases.

there was no suspicion of DUI. the blood test was just done as routine procedure after a traffic accident (in which the person in question was not at fault).

cannabis metabolites stay in your system for up to 30 days...and can be detected in a blood test. you are not, however, under the influence of pot for 30 days after smoking it. those metabolites are not what impair the user.

it is not possible for there to be articulable objective symptoms of impairment days after having smoked pot since the person is not impaired days after having smoked it (assuming, of course, that they have not ingested any other drugs/alcohol more recently).

[DPD15]

Originally Posted by LittleRedToyota

if this is in response to my question, the person in that case was not under the influence. the case was posted by a police officer over on glocktalk...and a few other officers said they had seen similar cases.

there was no suspicion of DUI. the blood test was just done as routine procedure after a traffic accident (in which the person in question was not at fault).

cannabis metabolites stay in your system for up to 30 days...and can be detected in a blood test. you are not, however, under the influence of pot for 30 days after smoking it. those metabolites are not what impair the user.

it is not possible for there to be articulable objective symptoms of impairment days after having smoked pot since the person is not impaired days after having smoked it (assuming, of course, that they have not ingested any other drugs/alcohol more recently).

Cannabis metabolites have in fact been detected in subjects as long as 66 days later according to studies. Cannabis (and PCP) is fat soluble and can be re-released in the system. The active ingredient in cannabis that produces a 'high' is called delta-9 tetrahydrocannabinol, (THC). A substance found in the blood indicates influence depending upon the amount re-released. It is a matter of degree of influence. Like having one drink or beer - you probably will not SHOW impairment (that is why there is a .08 minimum for alcohol in most states. But with 10 beers you will SHOW impairment and are under the influence. This is not to say that a person's tolerance does not factor into this as well. How many "sober" drunks have we seen who would register a high BA level if tested? Hence drugs have cut off levels for that very reason when tested. That is why when urine - blood is tested there is the initial test and the conformation test.

RE: "a citizen is involved in a motor vehicle accident in which he is not at fault. blood is drawn as a matter of procedure. he ends up having cannabis metabolites in his blood, but no THC. can he be charged with and convicted of DUI in PA?"

The citizen will be charged (until the test comes back) but may not be filed upon as the PA statute appears to state that THC is a necessary metabolite according to the language in the PA statutes. The notice of the minimum levels of Schedule I, II, and III controlled substances or their metabolites that must be present in a person’s blood in order for the test results to be admissible in a prosecution for a violation of section 1543(b)(1.1), 3802(d)(1), (2) or (3), or 3808(a)(2) of the Vehicle Code (75 Pa.C.S. § 1543(b)(1.1), 3802(d)(1), (2) or (3), or 3808(a)(2)).

It lists Cannabinoids, Delta-9-carboxy THC* Schedule I, 5 nanograms as being necessary to establish presence of a controlled substance, so without THC marijuana is useless, so to speak.

[LittleRedToyota]

thanks for the info DPD!

[larrymeyer]

Originally Posted by LittleRedToyota

thanks for the info DPD!

He didn't say to try it out