Minnesota Drugged Driving Summit Shifting Gears to Address the Challenge Lieutenant Don Marose Minnesota State Patrol [email protected] MN BCA - 2015
Stimulants 4730 Depressants 2282 Narcotic Analgesics 1760 Cannabis 1096 Dissociative Anesthetics 115
6-3 CNS Stimulants
6-4 CNS Stimulants
• Relieve fatigue • Aid in weight reduction • Reduce the need for sleep • Increase energy and confidence levels
6-5 Widely Abused CNS Stimulants
• Cocaine • Amphetamines • Methamphetamines
6-6 Legal CNS Stimulants
• Diet Max • Diet Now • Diet Pep • Mahuang • Anti-insomnia aids (Mini-tabs, 357 Magnum, Ephedrine)
6-7 Prescribed CNS Stimulants
• Ritalin
• Adderall
• Dexedrine
6-8 General Indicators
• Euphoria – an extremely pleasurable sensation (while the drug is psychoactive)
• Opposite effect as the drug wears off
6-9 General Indicators
• Restlessness • Body tremors • Excited • Euphoric • Talkative • Exaggerated reflexes • Anxiety
6-10 General Indicators
• Grinding teeth (bruxism) • Redness to nasal area • Runny nose • Loss of appetite • Increased alertness • Dry mouth • Irritability
6-11 CNS Stimulants
HGN None VGN None Lack of Convergence None Pupil Size Dilated Muscle Tone Rigid CNS Depressants
6-13 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 Most Commonly Used CNS Depressants
• Valium • Prozac • Xanax • Soma • Alcohol
6-15 Illicit CNS Depressants
• Rohypnol (Flunitrazepam) • Gamma Hydroxy Butyrate (GHB)
6-16 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 General Indicators • Fumbling • Relaxed inhibitions • Slowed reflexes • Uncoordinated • Drowsiness • Gait ataxia
6-18 CNS Depressants
HGN Present VGN Present (high dose) Lack of Convergence Present Pupil Size Normal Muscle Tone Flaccid Narcotic Analgesics
6-20 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 Narcotic Analgesics
• Produce withdrawal signs and symptoms
• Suppress the withdrawal signs and symptoms of chronic narcotic analgesic administration Narcotic Analgesic
• Codeine • Demerol • Heroin • Methadone • Morphine • Lortab • Buprenorphine • Tylenol 3 (with codeine) • OxyContin® Commonly Abused Natural Opiates
Raw Opium
Powdered Opium Other Alkaloids (Smoking Opium)
Thebaine Morphine Codeine
Buprenorphine (Subutex) Diacetyl Morphine Hydrocodone (Heroin) (Lortab) Oxycodone Hydromorphone (Oxycontin) (Dilaudid) Oxymorphone (Numorphan) Common Synthetic Opiates
Demerol Methadone Fentanyl ‘New’ Synthetic Opiates U-47700 - 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 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) General Indicators
• Drowsiness • ‘On the nod’ • Depressed reflexes • Slow, deliberate movements • Dry mouth • Low, raspy, slow speech General Indicators
• Euphoria • Fresh puncture marks • Itching • Nausea • Track marks General Indicators
• Inability to concentrate • Slowed breathing • Skin cool to the touch • Possible vomiting • Constricted pupils Narcotic Analgesics
HGN None VGN None Lack of Convergence None Pupil Size Constricted Muscle Tone Flaccid Cannabis
Marijuana Hashish BHO/Hash Oil
Marinol Synthetic Cannabinoids 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% General Indicators
• Markedly bloodshot eyes • Odor of marijuana • Marijuana debris in the mouth • Body tremors • Euphoria • Brief attention span General Indicators
• Relaxed inhibitions • Disoriented • Possible paranoia • Impaired perception of time & distance • Eyelid tremors • Sedation • Dilated pupils Cannabis
HGN None VGN None Lack of Convergence Present Pupil Size Dilated Muscle Tone Normal Synthetic Cannabinoid Products 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 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 Synthetic Cannabinoid Effects • Panic attacks • Agitation • Tachycardia (110 to 150 BPM) • Elevated blood pressure • Anxiety • Pallor • Numbness and tingling • Seizures • Convulsions Synthetic Cannabinoid Effects
Visual changes Time impairment Color enhancement Sedation Uncontrollable laughter Sleep aid Euphoria Analgesia Talkativeness Anti-depressant Sexual stimulation “Medical” Marijuana 152.22 - 152.37
Cannabis Applications • Lowers intraocular pressure • Suppresses nausea • Helps inhibit seizures • Appetite enhancer • A muscle relaxant • A tumor growth retardant 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 DWI and CANNABIS in MINNESOTA
Can you get arrested for DWI with marijuana? 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) WARRANT or NO WARRANT? WHEN DO I NEED A WARRANT?
BREATH? BLOOD? URINE? 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 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 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 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 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. Unconscious Driver Exception
Must note in the warrant that you are dealing with conscious or an unconscious driver.
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! 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 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 GETTING WARRANT SIGNED
Fill out the warrant. Call the judge to see if they will complete it over email or prefer it in person. If via email, you will be sworn in over the phone. If not, you will be sworn in person. GETTING WARRANT SIGNED
If done via telephone and email, electronically sign the warrant in the affiant section and save it.
Email it to the judge to be signed and sent back. GETTING WARRANT SIGNED
If required to be signed in person, you may need a 2nd 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. GETTING WARRANT SIGNED
Once the warrant is signed, complete the blood draw or urine test as usual! WHAT TO DO WITH THE PAPERWORK?
Once you obtain the sample, there are still a few more steps to complete the process! 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 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 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 What is a DRE ?
DRUG RECOGNITION EVALUATOR
Police officers who are highly trained in detecting and recognizing impairment caused by substances other than alcohol. 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 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 The Drug Recognition Evaluation Procedures
• 12- Step standardized and systematic process • DREs follow an evaluation checklist • Proceeds from AC through assessment of signs of DRE Step 6 Procedures Step 7 Impairment to toxicological Step 8 Step 1 Step 9 analysis Step 2 Step 10 Step 3 Step 11 Step 4 Step 12 • Similar to standard medical Step 5 diagnosis procedures Step 1: Alcohol Concentration
DRE or Arresting Officer determines if alcohol is involved Step 2: Interview the Arresting Officer
DRE determines the reason for the arrest Driving observed? SFST results? Statements made? Other relevant matters 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 Step 4: Eye Examinations
DRE tests for: Horizontal Gaze Nystagmus (HGN) Vertical Nystagmus (VGN) Lack of eye convergence Step 5: Divided Attention
DRE administers divided attention tests:
Modified Romberg Balance Walk and Turn One-Leg Stand Finger-To-Nose Step 6: Vital Signs Examination
DRE conducts three vital signs examinations: Pulse rate (3 times) Blood pressure Body temperature Step 7: Dark Room Examination
DRE examines suspect’s pupils Pupilometer used to estimate the suspect’s pupil sizes in three different light conditions.
Includes examination of nasal and oral cavities. Step 8: Muscle Tone
DRE examines arrestee’s arms for muscle tone; flaccid, rigid, or normal Step 9: Examination For Injection Sites
DRE examines for injection sites Frequently areas used include: Arms – Neck – Ankles 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 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 Step 12: Toxicology
DRE requests urine or blood sample for analysis Implied Consent statute followed/Warrant obtained