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Cobb County's "Drug Whisperer"

Cobb County police are arresting people who are stone cold sober for DUI by marijuana.

http://www.11alive.com/news/investigations/the-drug-whisperer/437061710

The goal of Drug Recognition Expert "training" isn't to weed out drivers under the influence of drugs.  It is to provide a pseudo-scientific excuse to arrest people and convince juries to convict.  

For example, a DRE-trained police officer will say that twitchy eyes indicates drug use, but will not say that a lack of twitchy eyes contraindicates drug use.  Talking quickly is a clue, but so is talking slowly.  Too much eye contact is a clue, but so is too little.  Slurring words is a clue, but so is over-articulating your words.  Fidgeting is a clue, but so is not moving enough.   Are you too cooperative?  That's a clue.  Are you argumentative?  That's a clue.  

In other words, everything is a "clue" and nothing is a contrary clue.  The officer begins with the presumption of guilt and uses his "training" to build a case.

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Alpharetta Pol Beats DUI

An Alpharetta official has beaten a DUI, reports the AJC

ALPHARETTA, Ga. —
An Alpharetta city councilman has been acquitted on charges he drove drunk with his son in his car.
 
Channel 2’s Mike Petchenik was the only reporter in the courtroom Friday when Judge Patsy Porter handed down her decision. 
 
She ruled the officer who arrested Michael Cross didn’t have probable cause because he didn’t witness Cross driving erratically and because he detained Cross first, then asked questions later.
  

But here is the important part: 

Martin said Cross refused to take a breath test or submit to a state-issued blood test, but that he believed Cross’ “manifestations” were consistent with someone driving under the influence.

The government does everything it can to convince you and me to take these tests, even threatening to suspend our driver's license when we don't.  But when a cop, or attorney, or politician get accused of DUI, they usually refuse the tests.  So should you.

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NC Court of Appeals Allows Arrest by HOA

I have previously noted the quasi-law-enforcement entities that are private homeowner association (HOA) security forces.  Now it seems the NC Appeals Court has weighed in on the issue, but on the side of the HOA: 

Rental cops hired by homeowners associations (HOA) can conduct traffic stops that would be unconstitutional if performed by an actual police officer, according to a ruling handed down last week by the North Carolina Court of Appeals. A three-judge panel took up the case of Frederick Lloyd Weaver Jr, who was stopped on April 20, 2012 by an armed security guard employed by Metro Special Police and Security Services. The HOA for the Carleton Place townhomes near the University of North Carolina at Wilmington contracted with Metro for security services.

North Carolina allows armed guards to wear police-like uniforms with badges, carry guns and drive cars with flashing red and white light bars. Qualifying for the security guard position requires four hours of classroom instruction and a day on the range.

Four hours in the classroom and a day at the range certainly doesn't compare to what a real police officer has to go through.

I stand by my earlier post that blurring the lines between who is and isn't endowed with state authority is a bad idea that will cause all sorts of problems.  Citizens need to know who is and isn't an officer, who does and doesn't have arrest powers, and who can and can't pull them over.  To blur those lines causes confusion and will encourage abuse. 

Hopefully, the NC Supreme Court will overrule this decision.

 

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Fake DUI Cases?

Fake DUI Cases?

Not everyone arrested and accused of something is guilty, even when the arresting officer is a decorated rising star.  Cops are human and make mistakes.  Sometimes they error on the side of arrest and "let the lawyers figure it out."  And then sometimes they are purposefully falsifying the whole thing:

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