Friday, March 6, 2009

Why Bother Having the Officer Write Down What He Actually Observed for a DUI Arrest?

Once again, I am saddened by my vindication. As I posted previously, our Constitution is being whittled away by advancing technology. As I discussed earlier today with a fellow member of the Illinois Bar, why make up crime when there are more than enough crimes for any law enforcement officers who want to "go get the bad guys"? Now we let cops write in arrest reports things they did not observe, such as smelling alcohol for a DUI arrest. This has become somewhat surreal.
Top DUI Cop Gets to Report Observations He Is Incapable of Making
Elburn, Illinois- Feb.7-
Herra made 59 of the 87 DUI arrests in 2006, 21 of the 29 DUI arrets in 2007 and unofficially, 30 of the 31 DUI arrests in 2008, according to police records.

The new technology fulfills a legal requirement of probable cause officers need in order to pull a driver over and do the field sobriety and Breathalyzer test before arrest. Herra still made DUI arrests, but the device helps with an on-the-spot alcohol analysis.

The department acquired the device in August 2007. By March of 2008, Linane said, Kane County courts ruled they would accept the new technology as a scientific measurement of the presence of alcohol.

"What he can't smell, another officer comes in as the smeller," Linane said.

That way, Herra's reports state he relied on the passive alcohol sensor while the second report will state the officer smelled an odor of alcohol.
Well one thing is certain, Herra will have to point his flashlight at more folks in order to make AAIM's Top DUI Cop List. Never fear, he can get an Illinois Department of Transportation (I.D.O.T.) DUI Award for making a minimum of 25 arrests. It is time to wake up and put the brakes on the use of invasive technologies before we are arrested for our thoughts.

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