Bogus Stoned Driving Arrests Highlight Dubious Methods of ‘Drug Recognition Experts’

by Jacob Sullum – A lawsuit by three sober drivers who were busted for DUI questions the pot-detecting abilities of DREs. To the untrained eye, Katelyn Ebner seems completely sober during her 28-minute roadside encounter with Cobb County, Georgia, police officer Tracy Carroll, who has pulled the 23-year-old waitress over for failing to maintain her lane as she made a left turn. But Carroll, who was designated a “drug recognition expert” (DRE) after undergoing 160 hours of special training, perceives “numerous indicators” that Ebner is under the influence of marijuana. Ebner repeatedly assures him she does not “smoke weed” or “do any of that stuff” and volunteers to prove it by taking a drug test. “You’re going to jail, ma’am,” he replies. “I don’t have a magical drug test that I can give you right now.” Carroll does not need a magical drug test, because he is a magical drug test—or so the...

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Supreme Court Sides With Police In 4th Amendment Case Arising from Officer’s ‘Mistake of Law’

by Damon Root – In a decision issued this morning, the U.S. Supreme Court sided with the police in a case arising from an officer’s “mistake of law.” At issue in Heien v. North Carolina was a 2009 traffic stop for a single busted brake light that led to the discovery of illegal drugs inside the vehicle. According to state law at the time, however, motor vehicles were required only to have “a stop lamp,” meaning that the officer did not have a lawful reason for the initial traffic stop because it was not a crime to drive around with a single busted brake light. Did that stop therefore violate the 4th Amendment’s guarantee against unreasonable search and seizure? Writing today for the majority, Chief Justice John Roberts held that it did not. “Because the officer’s mistake about the brake-light law was reasonable,” Roberts declared, “the stop in this case was...

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