1. PROBABLE CAUSE AND SEARCH WARRANTS Jennifer Cifaldi Adams County Assitant State’s Attorney

2. OBJECTIVES To know the difference between “reasonable suspicion” and “probable cause”; To know the difference between “reasonable suspicion” and “probable cause”; To understand the DUI No-Refusal Search Warrant Process; To understand the DUI No-Refusal Search Warrant Process; To be able to establish probable cause in a DUI Drug case. To be able to establish probable cause in a DUI Drug case.

3. WHAT IS IT? Reasonable Suspicion – “if, based upon the officer’s training and experience, there is reason to believe that the individual is engaging in criminal activity.” Reasonable Suspicion – “if, based upon the officer’s training and experience, there is reason to believe that the individual is engaging in criminal activity.” Law Dictionary: Definitions Of Probable Cause Vs. Reasonable Suspicion Law Dictionary: Definitions Of Probable Cause Vs. Reasonable Suspicion

4. PROBABLE CAUSE “Probable cause to make an arrest exists when an officer has knowledge of such facts as would lead a reasonable person to believe that a particular individual is committing, has committed or is about to commit a criminal act. The officer must be able to articulate the facts and circumstances forming the basis for probable cause.” “Probable cause to make an arrest exists when an officer has knowledge of such facts as would lead a reasonable person to believe that a particular individual is committing, has committed or is about to commit a criminal act. The officer must be able to articulate the facts and circumstances forming the basis for probable cause.” Law Dictionary: Definitions Of Probable Cause Vs. Reasonable Suspicion Law Dictionary: Definitions Of Probable Cause Vs. Reasonable Suspicion

6. THE TRENDS Pre-Search Warrants 2003: 287 DUI cases filed 2004: 322 DUI cases filed 2005: 417 DUI cases filed 2006: 486 DUI cases filed 2007: 445 DUI cases filed Post-Search Warrants 2008: 422 DUI cases filed 2009: 396 DUI cases filed 2010: 359 DUI cases filed 2011: 249 DUI cases filed 2012: 204 DUI cases filed 2013: 215 DUI cases filed 2014: 174 DUI cases filed

7. STATEWIDE CONVICTION RATE 35%!

8. 2014 STATISTICS Only 174 cases filed Only 174 cases filed Only 3% refused chemical testing Only 3% refused chemical testing 94.5% conviction rate 94.5% conviction rate

9. HOW DO WE DO IT? Establish P/C just like you always do Establish P/C just like you always do Place suspect under arrest Place suspect under arrest Request breath/blood/urine Request breath/blood/urine

10. THE REFUSAL Explain to them what’s going on (CHOOSE YOUR WORDS CAREFULLY!) Explain to them what’s going on (CHOOSE YOUR WORDS CAREFULLY!) Give them one last chance Give them one last chance Mark them as a “refusal” Mark them as a “refusal”

11. OBTAINING THE SEARCH WARRANT Call your State’s Attorney Call your State’s Attorney Type up Search Warrant Type up Search Warrant Email to SA, review with SA and make corrections Email to SA, review with SA and make corrections Print 2 copies of Complaint & SW Print 2 copies of Complaint & SW Have suspect taken to hospital while the officer goes to the Judge’s house Have suspect taken to hospital while the officer goes to the Judge’s house Get search warrant signed Get search warrant signed

12. AT THE HOSPITAL Serve suspect w/ signed copy of search warrant Serve suspect w/ signed copy of search warrant Explain to him that he does not have a choice Explain to him that he does not have a choice If suspect complies, treat just like any other blood draw – send specimen to ISP Lab for further testing If suspect complies, treat just like any other blood draw – send specimen to ISP Lab for further testing

13. WHAT IF THEY STILL REFUSE? Contempt? Contempt? Physical force? Physical force? Obstructing Justice! Obstructing Justice!

14. OBSTRUCTING JUSTICE If suspect continues to refuse, have “the chat” If suspect continues to refuse, have “the chat” If persists, arrest suspect for Obstructing Justice and every other traffic offense – no bond! If persists, arrest suspect for Obstructing Justice and every other traffic offense – no bond! Don’t forget to have the officer do a search warrant return. Don’t forget to have the officer do a search warrant return. Remember you can now use “E-Search Warrants”. Remember you can now use “E-Search Warrants”.

15. WHO DO WE USE THIS ON? Felony DUI’s – 3peats; Felony DUI’s – 3peats; Any other felony DUI’s; Any other felony DUI’s; 2nd Offenders (ask and check); 2nd Offenders (ask and check); Every DUI Drug case ; Every DUI Drug case ; Bad behavior; Bad behavior; Aggravating Circumstances. Aggravating Circumstances.

16. AGGRAVATING CIRCUMSTANCES Fleeing from officers; Fleeing from officers; Leaving the Scene of accident (personal injury and property damage); Leaving the Scene of accident (personal injury and property damage); Children in the car; Children in the car; Bad criminal record; Bad criminal record;

18. BEFORE WE GET TO TRIAL Probable Cause Hearings Probable Cause Hearings “Officer must have an independent, cannabis- related factual basis giving reasonable suspicion that the person is driving under the influence of cannabis....” for a DUI investigation. “Officer must have an independent, cannabis- related factual basis giving reasonable suspicion that the person is driving under the influence of cannabis....” for a DUI investigation. Status as a card-holder is not a sufficient basis. Status as a card-holder is not a sufficient basis. Facts going toward “independent, cannabis-related factual basis? Facts going toward “independent, cannabis-related factual basis?

19. GENERAL INDICATORS Brief attention span Brief attention span Marked reddening of the conjunctiva Marked reddening of the conjunctiva Odor of marijuana Odor of marijuana Marijuana debris in the mouth Marijuana debris in the mouth Body tremors Body tremors Increased appetite Increased appetite Divided attention impairment Divided attention impairment Relaxed inhibitions Relaxed inhibitions Disoriented Disoriented Possible paranoia Possible paranoia Impaired perception of time and distance Impaired perception of time and distance Eyelid tremors Eyelid tremors

20. 501.2 – CHEMICAL & OTHER TESTS Recognizes SFSTs for conducting DUI – C investigations Recognizes SFSTs for conducting DUI – C investigations The General Assembly finds that SFSTs approved by NHTSA are divided attention tasks that are intended to determine if a person is under the influence of cannabis. The purpose of these tests is to determine the effect of the use of cannabis on a person's capacity to think and act with ordinary care