A question for any legal minds.

[midnight]

I just got home from picking up a family member at the police dept. This person was arrested at 1:30 A.M. after finishing a shift at local hospital. This person does not do street drugs or drink. This person was said to have crossed the white line, and therefore given a breath test that revealed no alcohol. They arrested this person, and called in a drug expert to evaluate for drugs. The guy asked about pot smoking because of the color of this persons tongue. Drug evaluator said the tongue was greenish and indicated pot smoking. A volunteer Emt drew blood, and in three months the results will be listed. Volunteer told me that by day he is an Engineer. This person had a prescription drug in car when police searched for medical disability. They verified that this drug was prescription. The drug takes care of muscle shakes, and they thought this family member was under the influence. Does this sound discriminatory?

[intaglio]

1. Not a legal opinion

but it sounds to me like a fishing expedition. "There's a guy out late, let's pull him over we might get a result ..."

[midnight]

3. Thanks for your opinion.

It is very concerning to me.

[acmejack]

2. What did they arrest him/her for?

I would consult a lawyer and investigate suing the crap out of them for false arrest.

edit: While I'm no attorney, it most certainly sounds rotten to me!

[midnight]

4. They kept it private untill all tests where conducted, and

then they told me Driving under the influence. I have to wait for three months for blood work.

[Tellurian]

5. Agreed...

sounds like hyperactive law enforcement..

Suspicious green tongue? what in the world is that?

[midnight]

6. When I heard that and the other testing of the eye pupils by

this drug expert,this went on for an hour, I was very concerned. I had never heard of this type of interaction with public stops. When I asked arresting officer what I should tell an attorney about charges he stated that it is nothing more than a ticket. What is very concerning is all the DNA taken via blood work.

[Tellurian]

9. It would be in your friends best interest

to pursue this with the help of an attorney to get to the bottom of this with the Law at his back.

This could be an isolated incident, (where there seems to be a PO taking matters into
his own hands)..OR police policy has changed within your township and should be scrutinized for
violations by the consulting attorney.

[midnight]

12. I did ask the arresting officer how long they have been doing this

blood draw work, and he said as long as he has been at the dept. 5.5 years. Thanks for your input.

[Tellurian]

16. Sounds really odd to me..

First of all, they need voluntary consent to do any kind of testing.

Your relative should still seek an attorney's advise, someone familiar
with the Laws in your state. This just doesn't sound kosher to me..

[midnight]

17. After testing my family member for well over an hour.

Breath test in the field, and one in the office. This person was not wanting to stay, and did what they ask. They asked for a signed consent. I feel this was done under duress. This R.N. just worked a full shift and wanted to be home. They new that they did nothing wrong...The arresting cop said this person swerved across the white line.

[Solo_in_MD]

7. I used to work swing and a stop like the one you describe was not uncommon

However arrest was. The cops didn't want the hassle of an arrest etc unless they thought there really was something wrong. Talk to your family member, there was most likely something else that triggered the cops, and they may well not realize what it was. Not saying at all that the police were right, but cops like most of us take the line of least resistance. Booking is more work than cruising. Something set them off.

Volunteer EMTs are fine for a blood draw provided they are certified. Outside of the cities in MD, most of the fires and rescue are done by volunteers. However, it would behoove you to get a independent blood sample taken, tested and held. A lawyer would be a good idea as well, and could help you with the blood sample.

[midnight]

8. Normally the path of least reisistance makes sense....

Inlaw was a policeman. I agree. We have a very sleepy town.

[mainegreen]

10. Green Tongue? That man is no drug expert. There is no such thing as

green tongue. Not unless you decide to chew a bit on the weed, but I've never heard of anyone doing that. Sounds like the three stooges pulled over your family member.

[midnight]

11. Just got off the phone with another family member who works as

a nurse at the local jail. She said that for them to draw blood with out a consent is wrong.....Emt was asked by me what family member's rights were when he drew blood. He said he was not aware, and left that up to police dept....Sis says that no consent could mean lose of liscense for this volenteer EMT.

[MrCoffee]

13. It is perfectly legal to take you in for a breathalizer...

if they have probable cause to do so. Erratic driving is probable cause. If the driver is clean, there's not going to be much recourse.

Still, talk to an attorney in your area. I don't know what state you're in, or what laws apply. This is not in any way formal legal advice.

[midnight]

14. Probable cause sounds like an umbrella for all kinds of

testing......The breath test was clean. Thanks for your input. I'm trying to get my head around this from as many perspectives as I can.

[midnight]

15. When does a person being taken in have their rights read to them?