minnesota drugged driving summit · 2016. 9. 12. · stimulants 4730 depressants 2282 narcotic...

Minnesota Drugged Driving SummitShifting Gears to Address the Challenge

Lieutenant Don MaroseMinnesota State Patrol

don.marose@state.mn.us

Stimulants 4730

Depressants 2282

Narcotic Analgesics 1760

Cannabis 1096

Dissociative Anesthetics 115

MN BCA - 2015

6-3

CNS Stimulants

6-4

• Relieve fatigue• Aid in weight reduction• Reduce the need for sleep• Increase energy and confidence levels

CNS Stimulants

6-5

• Cocaine• Amphetamines• Methamphetamines

Widely Abused CNS Stimulants

6-6

• Diet Max• Diet Now• Diet Pep• Mahuang • Anti-insomnia aids (Mini-tabs, 357

Magnum, Ephedrine)

Legal CNS Stimulants

6-7

• Ritalin

• Adderall

• Dexedrine

Prescribed CNS Stimulants

6-8

• Euphoria – an extremely pleasurable sensation (while the drug is psychoactive)

• Opposite effect as the drug wears off

General Indicators

6-9

• 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

General Indicators

6-11

HGN NoneVGN None

Lack of Convergence NonePupil Size Dilated

Muscle Tone Rigid

CNS Stimulants

CNS Depressants

6-13

• Benzodiazepines• Anxiety, stress, panic attacks, sleep

disorders• Generally not used long term

• Barbiturates• Seizures, sleep disorders, anxiety• Used in surgical procedures

Classes of CNS Depressants

6-14

• Valium• Prozac• Xanax• Soma• Alcohol

Most Commonly Used CNS Depressants

6-15

• Rohypnol (Flunitrazepam) • Gamma Hydroxy Butyrate (GHB)

Illicit CNS Depressants

6-16

• Wide variety of emotional behavior

• Reduced ability to divide attention

• Disoriented

• Slow/Sluggish

• Thick, slurred speech

• Drunk-like behavior

• Droopy eyes

General Indicators

6-17

• Fumbling

• Relaxed inhibitions

• Slowed reflexes

• Uncoordinated

• Drowsiness

• Gait ataxia

General Indicators

6-18

HGN PresentVGN Present (high dose)

Lack of Convergence PresentPupil Size Normal

Muscle Tone Flaccid

CNS Depressants

Narcotic Analgesics

6-20

• 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 Analgesics

• Codeine • Demerol• Heroin • Methadone• Morphine• Lortab• Buprenorphine• Tylenol 3 (with codeine) • OxyContin®

Narcotic Analgesic

Commonly Abused Natural Opiates

Raw Opium

Powdered Opium(Smoking Opium)

Other Alkaloids

Oxymorphone(Numorphan)

Hydrocodone(Lortab)

Diacetyl Morphine (Heroin)

Hydromorphone(Dilaudid)

Oxycodone(Oxycontin)

Buprenorphine(Subutex)

Morphine Codeine Thebaine

Common Synthetic Opiates

Demerol

Methadone

Fentanyl

‘New’ Synthetic OpiatesU-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

• Inability to concentrate

• Slowed breathing

• Skin cool to the touch

• Possible vomiting

• Constricted pupils

General Indicators

HGN NoneVGN None

Lack of Convergence NonePupil Size Constricted

Muscle Tone Flaccid

Narcotic Analgesics

Cannabis

Marijuana Hashish BHO/Hash Oil

Marinol Synthetic Cannabinoids

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%

Cannabis

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

HGN NoneVGN None

Lack of Convergence PresentPupil Size Dilated

Muscle Tone Normal

Cannabis

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

Synthetic Cannabinoid ProductsTypically include:

Olive colored herbsCombination of herbsPlant materials

All enhanced with a THC synthetic analog

When smoked, synthetic cannabinoid products mimic the hallucinogenic effects of marijuana

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

Synthetic Cannabinoid Effects

Visual changesColor enhancementUncontrollable laughterEuphoriaTalkativenessSexual stimulation

Time impairmentSedationSleep aidAnalgesiaAnti-depressant

Synthetic Cannabinoid Effects

“Medical” Marijuana152.22 - 152.37

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

• 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

Marinol Applications

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)

DWI and CANNABIS in MINNESOTA

WARRANTor

NO WARRANT?

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

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

WHEN DO I NEED A WARRANT?

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 withdrawnA 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 warrantwhy you think the subject was drivingwhy 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.

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!

GETTING WARRANT SIGNED

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

DRUG RECOGNITION EVALUATOR

Police officers who are highly trained in detecting

and recognizing impairment caused by substances other

than alcohol.

What is a DRE ?

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

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

Three Determinations of the DRE

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 medicaldiagnosis procedures

Step 6Step 7Step 8Step 9Step 10Step 11Step 12

DRE Procedures

Step 1Step 2Step 3Step 4Step 5

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 arrestDriving 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

DRE tests for:Horizontal Gaze Nystagmus (HGN)

Vertical Nystagmus (VGN)

Lack of eye convergence

Step 4: Eye Examinations

DRE administers divided attention tests:

Modified Romberg Balance

Walk and Turn

One-Leg Stand

Finger-To-Nose

Step 5: Divided Attention

DRE conducts three vital signs examinations:

Pulse rate (3 times)

Blood pressure

Body temperature

Step 6: Vital Signs Examination

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

DRE examines arrestee’s arms for muscle tone; flaccid, rigid, or normal

Step 8: Muscle Tone

DRE examines for injection sites

Frequently areas used include:Arms – Neck – Ankles

Step 9: Examination For Injection Sites

• 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 10: Statements & Interview

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 11: Opinion of the DRE

DRE requests urine or blood sample for analysis

Implied Consent statutefollowed/Warrant obtained

Step 12: Toxicology