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Jul
19

How Lawyers Should Handle Traffic Stops

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By Elie Mystal

I talk a lot about what legal education doesn’t prepare you for. You know what it does prepare you for? Any future interaction with police officers. By the time I finished 1L year, I knew the golden rule for dealing with officers of the law: keep your mouth shut. Knowing the law and knowing your rights helps. But whenever you deal with a cop, you should say as little as possible.

Look, as a black man that lesson probably increases my life expectancy. But every person with legal training can benefit from simplicity of silence when cops are around. If I was the victim of a home break-in and called the cops myself, I wouldn’t say anything to them when they showed up. I’d just kind of point at things and shake my head.

You don’t even have to be a practicing lawyer to reap the benefit of these skills. On his blog, Concurrent Sentences (gavel bang: Volokh Conspiracy), a Michigan area law student explains how he masterfully handled a recent traffic stop. It’s a skill all lawyers should have…

You should read the full account between the law student and the traffic cop here. But I want to show you a couple of excellent excerpts:

I got pulled over again on Friday evening. In the same exact spot I was pulled over a couple weeks ago. And again, no ticket and no warning because the stop was an illegal stop and detention. My interaction with the Asshole Police Officer (APO) went something like this:

APO: Good afternoon
ME: [silent]
APO: Good afternoon sir
ME: [silent]
APO: GOOD AFTERNOON SIR [raising voice]
ME: [silent]
APO: Do you know why I pulled you over?
ME: No
APO: I pulled you over because you have window tint on your front side windows
ME: [Silent]
APO: You ever been pulled over for this before?
ME: No, my car is registered in Colorado.
APO: In Michigan you are not allowed to have window tint on your front side windows.
ME: Officer, I am not trying to argue with you, but I am very familiar with the statute relating to window tint in Michigan and I know that the statute specifically exempts vehicles that are not registered in Michigan.

[I am VERY familiar with it, and I keep a copy of it in my car. MCL 257.709 (3)(d) "this section shall not apply to a vehicle registered in another state . . ." My car is registered in Colorado and has clearly visible Colorado plates.]

At this point, all the kid really needed to do was remind the officer of the law, and answer direct questions with simple yes or no answers. Pretty much, that’s what the guy did:

ME: Officer, if you think it is illegal write me a ticket and we’ll have a judge decide.
APO: Just give me your license, insurance and registration. How long have you lived in East Lansing?

[Trying to get me to say something that would be an admission that my vehicle is illegally registered in Colorado because residents have to register vehicles in Michigan I think within 90 days of taking up residency. It is not illegally registered.]

ME:Officer, my vehicle is registered in Colorado.
APO: I know but how long have you lived here?
ME: Officer, my vehicle is registered in Colorado.
APO: Ok, you don’t want to talk to me . . .

No, you should never want to talk to the cops. They can’t misconstrue something if you don’t say anything.

 

Here is the link to the full article.

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Jul
12

Cocaine Drug Information

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Classification

Cocaine (benzoylmethylecgonine) is a central nervous system stimulant derived from the leaves of the coca plant. Cocaine has two major pharmacological actions; one is a local anesthetic, and the other is an indirect acting sympathomimetic having many of the properties of an amphetamine. The drug is either in the salt/powder form (cocaine HCL) which can be administered by snorting or intravenous injection or in the free base “crack” form which is smoked.

Metabolism

After smoking, cocaine is rapidly absorbed with peak plasma concentrations occurring at about 5 minutes, versus 30-40 minutes following intranasal ingestion. Cocaine is extensively metabolized by the liver and blood enzymes with approximately one percent of the dose excreted in the urine unchanged. The major metabolite found in the urine is benzoylecgonine (25-40% of the dose), followed by ecgonine methyl ester (18-22%). Depending upon the dosage ingested, frequency of use, and metabolic variation, benzoylecgonine can remain detectable in the urine for as long as 48-96 hours post ingestion.

Abuse

Cocaine produces a short-lived, intense high which is extremely addictive. The signs and symptoms associated with the abuse of cocaine depend upon the amount used and the duration of use. With infrequent or low dose use a person may experience euphoria, lowered anxiety, talkativeness, decreased appetite, increased sexual arousal, increased alertness, and decreased fatigue. Physiologically there can be increased heart rate and blood pressure.

With increased dose or prolonged abuse (either binge or chronic) an individual may experience a set of secondary effects that can include increased anxiety, irritability, aggressiveness, paranoia and hypersexuality. Physiological effects can include dilated pupils, dry mouth, hippus, increased body temperature and tachycardia. In overdose situations, a person my experience hallucinations, coma or death. Crash symptoms typically follow binge abuse of cocaine. This phase is marked by extreme fatigue, depression, mental exhaustion and prolonged periods of sleep.

Laboratory drug testing: Methods of Analysis

The immunoassay methods (EIA, RIA, FPIA) are widely used screening methods designed to specifically detect benzoylecgonine and to lesser extents, cocaine and ecgonine methyl ester (secondary cocaine metabolite). Commonly used confirmation methods include thin layer chromatography (TLC), high pressure liquid chromatography (HPLC), gas chromatography (GC), and gas chromatography/mass spectrometry (GC/MS). GC/MS methods offer excellent sensitivity and specificity and are the methods of choice for the confirmation of the immunoassay positive screens.

 

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Jul
12

Marijuana Drug Information

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Classification

Marijuana is a preparation derived from the leaves and flowering tops of cannabis plants (Cannabis sativa) that is capable of producing psychoactive effects when ingested. One of the primary classes of compounds found in marijuana is called cannabinoids. There are up to 60 cannabinoids in marijuana with delta-9-tetrahydrocannabinol (THC) being the primary psychoactive constituent.

Metabolism

When marijuana is smoked, THC is rapidly absorbed through the lungs and enters the bloodstream in minutes. Following oral ingestion, THC does not reach the bloodstream for approximately 1.5-3 hours. Once in the blood, THC is bound to blood proteins and carried throughout the body where it is either absorbed into body tissues (including the brain, heart, and fat) or transformed by the liver into the water soluble metabolites 11-hydroxy-THC and carboxy-THC. These water soluble metabolites, are readily excreted into the urine, with the inactive metabolite carboxy-THC being the predominant metabolite detected. Initially, THC is quickly absorbed into the body tissues and then is slowly released back into the blood stream where it is carried to the liver and metabolized. Because THC tends to be stored in fatty tissues, it accumulates faster than it can be eliminated in chronic repetitive smokers. This leads to extended retention of THC which is then eliminated from the body at a relatively constant rate with an average elimination half-life being estimated at 18-30 hours. Urinary concentrations of THC are very difficult to interpret due to variables such as dosage of THC ingested, frequency of use, timing of urine collection relative to last exposure to marijuana, rate of release of stored cannabinoids in adipose tissue, and an individual?s hydration state. Therefore, the detection of THC metabolites in the urine is only an indication of past marijuana use and is not related to the degree of intoxication or impairment.

Abuse

The psychological effects of THC include an increased sense of well being or euphoria, relaxation, slowed psycho-motor response, an altered sense of time, short term memory impairment and impairment of multi-tasking performance.

THC Retention Time
  • Infrequent (less than twice/week) Smoking: When screening assays of 50 ng/mL or greater are used, urine samples will generally be positive for 1-3 days.
  • Regular (several times per week) Smoking: May result in urine specimens testing positive for 7-21 days.
  • Chronic (daily) Smoking: An individual who smokes marijuana daily for prolonged periods of time can test positive for 30 days or longer.
  • Oral Ingestion: Metabolic profiles in urine samples cannot generally differentiate between marijuana ingested orally versus marijuana ingested by smoking. However, oral ingestion requires approximately three times more THC than smoking to produce similar effects or “highs”; therefore, visual detection of the marijuana in the ingested item would seem reasonable, thus ruling out unknown consumption. Retention time of orally ingested marijuana ranges from 1-5 days.
  • Passive Inhalation: In general, routine passive exposure to marijuana smoke will not result in a positive result for cannabinoids in excess of a 50 ng/mL screening cut-off.

Laboratory drug testing: Methods of Analysis

The most common analytical methods used to detect cannabinoids in urine include immunoassays (EIA, RIA, and FPIA), gas chromatography (GC), gas chromatography/mass spectrometry (GC/MS), high pressure liquid chromatography (HPLC), and thin layer chromatography (TLC). Urine cannabinoid immunoassays are usually optimized for the detection of carboxy-THC, but also react with other cannabinoids present in the urine. Because of this cross-reactivity, immunoassay results are expressed in terms of “total cannabinoids” and not specifically in terms of carboxy-THC concentration as is detected by GC/MS. Therefore, when interpreting THC concentrations, it is important to realize that GC/MS, which measures only carboxy-THC, generally yields quantitative results which may represent only 10-50% of the “total cannabinoid” value as detected by immunoassays. While immunoassay cross-reactivity to non-cannabinoid compounds is extremely rare, most immunoassay manufacturers recommend that positive results be confirmed by an alternate analytical method. The chromatographic methods meet this requirement, with GC/MS considered the most reliable method. Other methodologies such as TLC and HPLC also achieve good sensitivity and specificity.

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