FOCUS ON REDUCING IMPAIRED DRIVING AMONG YOUTH
Gary Teeler
Texas FRIDAY Program
The mission of the FRIDAY program is the prevention of underage impairment and, ultimately, underage impaired driving through increased training. It is funded through the Texas Department of Transportation and provided free of charge. STATISTICS
• In 2010, underage drinking cost the state of Texas $6
billion.
• Youth violence (homicide, suicide, aggravated assault)
and youth traffic crashes attributable to alcohol
represent the largest costs. This is followed by costs
associated with high risk sex, property crime, youth
injury, poisoning and Psychoses, Fetal Alcohol
Syndrome in teen mothers and youth alcohol
treatment.
• This translates to a cost of $2,423 per year for each
youth in the State or $3.35 per drink consumed
underage.
THE PROBLEM OF UNDERAGE DRINKING
WHY ARE WE HERE?
VIDEO: MAUREEN CRASH VIDEO
CONTRIBUTING FACTORS TO UNDERAGE FATALITIES
• Lack of driving experience also puts young drivers at
increased risk. They are less able to scan their environment
and detect or recognize imminent hazards.
• In addition, after they have been drinking, young drivers
tend to engage in very risky behavior. For example, they are
more likely to drive 20 or more miles over the speed limit,
run red lights and make illegal turns.
• They are less likely to wear safety belts.
WHY DO MINORS DRINK?
SOCIAL INFLUENCES
• 70% of prime time television shows depict
alcohol use.
• 90% of the 200 most popular movie rentals
depict alcohol use.
• The alcohol industry spends billions of dollars
every year on advertising.
• One‐half (1/2) of all rap recordings contain
alcohol references.
VIDEO: CAPTAIN MORGAN'S
NEGATIVE CONSEQUENCES
VIDEO: ALCOHOL AND BRAIN DEVELOPMENT
BRAIN DEVELOPMENT IN TEENAGERS
• The brain grows and changes continually in young people and it
is only about 80 percent developed in adolescents. The last
section to mature is the frontal lobe, responsible for things
such as reasoning, planning and judgment. Maturation occurs
around 25.
• Alcohol reduces the level of serotonin in the brain. One of
serotonin’s most important roles is to help control impulses.
This is why drinking teens often engage in foolish, irresponsible
and dangerous activities.
• Alcohol‐induced memory impairments, such as "blackouts," are
particularly common among young drinkers because of their
brain’s reduced ability to adapt to new conditions.
MIDDLE /HIGH SCHOOL STUDENTS
• Alcohol is considered a “gateway” drug meaning
early use is a predictor that an adolescent will try
other substances.
• In Texas, 1 in 4 students had their first drink before
the age of 13.
• 17% of Texas high school seniors said they have
driven after having several drinks and 34.7% rode
with a driver who had been drinking alcohol.
COLLEGE STUDENTS
• 25% of Texas college students binge drink.
• Freshmen are at the greatest risk for alcohol
related deaths. The majority of freshmen
deaths (11 out of 18) occur during the first
semester.
POPULAR TRENDS
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Energy Drinks
Tampons
Gummy bears
Soaking candy
Fruit
Smoking Alcohol
ENERGY DRINKS CONTAINING ALCOHOL
• Effects: Contain caffeine and other herbal stimulants.
Alcohol volume varies between 6% and 12%. One 23.5
can may contain nearly a six pack of beer’s worth of
ethanol. User is less aware of intoxication because of
the caffeine.
• Examples: Four Loko, Joose, Full Tilt
• FDA issued a ban on these drinks in November 2010
specific to the addition of caffeine. Some stores may
still sell them in certain parts of Texas. Teens may
make them on their own or find them online.
TAMPONS
• Soak tampons in vodka
• May be inserted vaginally or in the rectum
• Allows alcohol to enter the bloodstream faster
than the acid protected gastrointestinal tract
• There is no way for the body to eliminate the
excess alcohol and no way for them to gauge
how much they have really consumed
• Breath does not smell like alcohol
VIDEO: LIQUOR SOAKED TAMPONS
GUMMY BEARS
• “Drunk bears”
• Pour liquor such as vodka over gummy bears
in a dish
• Let them sit for a couple of hours or overnight
• Gummy bears will soak up the liquor and
expand in size
• May also use gummy worms or red fish
• Don’t realize how much they are ingesting
CANDY SOAKED VODKA
• Use skittles, jolly ranchers, starburst or
peppermints
• Separate the candy by color and put in jars or
water bottles
• Pour in vodka and agitate until the skittles are
dissolved
• Let the mixture sit for a day or two
• Filter through a coffee filter
• Refrigerate
VODKA SOAKED FRUIT
Students inject vodka into an orange with a syringe or soak watermelon with vodka so that they can consume the fruit in class or on school grounds without detection.
SMOKING ALCOHOL
• Alcohol is poured over dry ice and inhaled
• Alcohol is poured into a bottle, the bottle is corked, and a bicycle pump needle is poked through the top of the cork. Air is then pumped into the bottle in order to vaporize the alcohol and the user inhales. • “Vaportinis” – Available at bars
• Dangerous because it is unknown exactly how much alcohol is being ingested directly into the bloodstream through the lungs. The alcohol isn’t metabolized or expelled through vomiting. • Risk of lungs filling up with liquid.
911 LIFELINE LAW
• A law, based on the death of a college student
named Carson Starkey, passed by the Texas
Legislature in 2011, means that a person under 21
won't be charged by the police for possessing or
consuming alcohol if the person calls 911 because
someone might have alcohol poisoning.
• This limited immunity applies only to the first person
to call for medical assistance, only if the caller
remains on the scene until medical assistance arrives
and cooperates with EMS and law enforcement.
CARSON STARKEY
Starkey, an 18 year old from Austin and a freshman pledge at California
Polytechnic University, died after a hazing incident in December 2008.
Starkey passed out after being told to drink two 24 oz cans of Steel Reserve,
1 can of Sparks and part of a bottle of Everclear within 90 minutes. His
fraternity brothers put him in a car to take him to the hospital (after
removing his pledge pin) until he started to vomit so they took him back
home to sleep it off. He was found unresponsive the following morning.
According to investigators, his blood alcohol level was between .39 and .44 –
the content equivalent to surgical anesthesia.
“Don’t Drink and Drive” is ingrained into our society but should be expanded to include all impairments.
DRUG USE AMONG YOUTH
DRUGS AND UNDERAGE DRINKERS
• Of all youth surveyed who were heavy
drinkers, 70.4% were current illicit drug users.
• 9.4 million persons (3.7% of the population)
aged 12 or older reported that they drove
under the influence of illicit drugs during the
last year.
COMMONLY ABUSED SUBSTANCES
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Marijuana
Medication
Synthetics
Inhalants
Mushrooms
Ecstasy
Herbs and Plants
Cocaine
Heroin
GATEWAY DRUGS
• The term, “Gateway drug” used to refer to alcohol and cigarettes. It was extended to include marijuana in the 80s. • According to experts, there is no conclusive evidence that the drug effects of marijuana are causally linked to the subsequent abuse of other illicit drugs and marijuana is no longer seen as a gateway drug. • Do you agree?
MARIJUANA
(Duration of effects: 2‐3 hours but up to 24 hours)
What an officer might see:
• Body tremors
• Eyelid tremors
• Sleepiness • Increased heart rate • Paranoia
• Hallucinations Panic attacks
Psychosis
Debris in mouth
Relaxed inhibitions
Impaired perception of time and distance
• Disorientation
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GATEWAY DRUGS
• It is becoming more common for over the counter and prescription medication to be considered gateway drugs
Do you agree?
MEDICATION
1.
2.
3.
4.
Psychostimulants
Anti‐anxiety tranquilizers
Opiods
Over‐the‐Counter PSYCHOSTIMULANTS
• Although stimulants, these drugs have a calming and
focusing effect on those with a hyperactivity disorder.
• Those without ADHD use the drugs for the stimulant effect.
They increase the amount of circulating brain chemicals that
raise blood pressure and heart rate, speed up breathing,
decrease appetite, increase concentration, gives a sense of
euphoria and causes insomnia.
PSYCHOSTIMULANTS
(Duration of effects: 4‐8 hours)
What an officer might see: •
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Body Tremors
Restlessness Talkative
Exaggerated reflexes
Anxiety Irritability •
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Grinding teeth Loss of appetite Cardiac irregularities
Convulsions Seizures
Dry mouth
ANTI‐ANXIETY TRANQUILIZERS
Examples: •Xanax (aka “Xannies”, “Handle Bars”, “Bars”) •Valium
•Ativan
ANTI‐ANXIETY TRANQUILIZERS
(Duration of effects: 4‐8 hours)
What an officer might see: • Uncoordinated and/or fumbling
• Disoriented
• Sluggish
• Thick, slurred speech
• Sleepy • Droopy eyelids • Oversedation looks like alcohol impairment
OPIODS
A recent report from researchers at the Centers for Disease Control and Prevention found that each year, more people die from prescription painkiller overdoses than from heroin and cocaine overdoses combined.
OPIODS
Examples: • Vicodin • Lortab
• Oxycodone • “Hillbilly Heroin” • “OC” • “Oxy” • Codeine (aka “Purple Drank”)
OPIODS
(Duration of Effects: Varies)
What an officer might see: •
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Low, raspy slow speech
Dry mouth
Euphoria
Sensory distortion
Droopy eyelids Drowsy
Constricted pupils
Itching
OVER‐THE‐COUNTER MEDICATION
Examples: 1. Dextromethorphan (DXM)
Brands: Robitussin (aka“Robo”,“Triple C’s”,“Skittles”)
2. Sleeping Pills/Allergy Medication Brands: Sominex, Benadryl
3. Doxylamine
Brands: Unisom, Nyquil
OVER‐THE‐COUNTER MEDICATION
Effects: • Similar to alcohol impairment • May have mild hallucinations
PHARMING PARTIES
During these parties, students take whatever drugs and medications that they can get and combine them in a bag or bowl. They take handfuls at one time without knowing exactly what they are taking and what interactions the drugs may have when mixed together. SYNERGISTIC EFFECT
• A biologic response to multiple substances where one
substance worsens the effect of another substance. The
combined effect of the substances acting together is greater
than the sum of the effects of the substances acting by
themselves.
• This is a common concern involving college age students that
frequently mix alcohol with substances or various substances
together.
• Poly drug use is becoming very popular as students mix
multiple “uppers” and “downers” in order to maintain a
consistent high.
• Happens during “Pharming Parties”
SYNTHETIC DRUGS
• Drugs that mimic the effects of marijuana, cocaine and LSD. • In many cases, the effects might be stronger and more unpredictable. • Examples: K2 or Spice aka “fake weed”
Bath Salts aka “fake cocaine”
• DEA has banned the chemicals used to make these products.
SYNTHETIC HIGHS UNDER POCS
• As laws were in place to deal with the possession of
Marihuana and other drugs, designer drugs were
developed to get around those laws.
• Designer drugs were developed using chemicals
which were not listed in any of the Penalty Groups
under the Controlled Substances Act, therefore the
user need not worry about criminal charges if caught
with the possession of the designer drug.
SYNTHETIC HIGHS UNDER POCS
• In 2011, the 82nd Legislative session addressed this
issue and added these chemicals to the Controlled
Substance Act.
• Penalty Group 2‐A was created, which listed the
chemicals contained in the K2 and Spice as well as
others, which contain chemicals mimicking the effect
of Marihuana.
• Possession Charges start at a Class B Misdemeanor and
increase to Felony 1, depending upon the weight of the
substance.
• Manufacture / Delivery Charges apply as well
SYNTHETIC HIGHS UNDER POCS
• The 82nd Legislative session also included the
chemical compounds used to make Bath Salts and
related designer drugs in the Penalty Group 2.
• Possession of these chemicals (drugs) begins at a
State Jail Felony offense and increase in penalty as
the weight of the substance (including adulterants)
increase.
• Also has enhancements for the possession of such in
“Drug Free Zones”
INHALANTS
Examples: • Nitrous Oxide (aka: laughing gas, whippets) • Dust Off
• Cooking Spray
• Spray Paint • Glue
INHALANTS
(Duration of effects: very short)
What an officer may see:
• Feels like being drunk with dizziness, dreaminess and fits of giggles • May cause hallucinations • Constricted pupils
• Possible nausea
• Disorientation
• Confusion • Bloodshot watery eyes
• Lack of muscle control
• Flushed face
• May leave a rash around the mouth
INHALANTS
Methods of Ingestion:
• Sniffing through the nose • “Huffing”‐inhaling fumes through the open mouth
• “Bagging”‐spraying the substance into a bag and placing the bag over their head • “Dusting”‐inhaling compressed air from sprays used for cleaning computer keyboards. MUSHROOMS
• Contain hallucinogenic properties and alter states of
consciousness.
• May be eaten raw or cooked, made into a tea or
soup and drank, or ground into a powder and
smoked, often on top of marijuana.
• Side effects include stomach pain, increased heart
rate, nausea/vomiting, diarrhea, anxiety/panic
attacks, mental disorders, flashbacks and impaired
judgment.
MDMA
(ECSTASY)
• Psychoactive drug similar to methamphetamine and
mescaline.
• Effects the neurons in the brain that use serotonin,
by causing excessive release of serotonin. This
produces an energizing effect and feelings of
euphoria, emotional warmth and distortions in time
perception and tactile experiences.
• Side effects include confusion, depression, insomnia,
drug craving and severe anxiety.
HERBS AND PLANTS
SALVIA
May be purchased at a head shop or directions are available online for extracting and purifying the substance out of the plant that is smoked. Effects:
•Uncontrollable laughter
•Lack of coordination
SALVIA LEGISLATIVE UPDATE
• Effective September 1, 2013, Salvia was added to Penalty Group 3 of the Texas Controlled Substances Act. • Unless it is unharvested and growing in its natural state.
• Possession begins as a Class A Misdemeanor. VIDEO: SALVIA
JIMSON WEED
User may eat the seeds or drink them in a tea. The entire plant is poisonous. The experience is typically described as unpleasant. Effects:
•Hallucinations
•Dry Mouth
•Euphoria
MORNING GLORY
Must purchase untreated seeds to be eaten. The kind that is sold for planting is usually treated and will make the user sick to their stomach.
Effects:
•Similar to LSD
•Mood Swings
CONCEALING ON SCHOOL GROUNDS
Many common, everyday items can be modified with hidden compartments and used to stash and conceal substances CONCEALING ON SCHOOL GROUNDS
• Students may use soda cans, water bottles, WD‐40 cans, batteries, pens, clothing, etc.
• These items can be purchased at head shops, online or made at home.
CONCEALING ON SCHOOL GROUNDS
COUNTERFEIT IDENTIFICATION
A person is required by law to show ID for buying alcohol if they appear to be under what age?
VIDEO: BUYING BEER WITH FAKE ID’S
VIDEO: SUPER BAD
WAYS TO OBTAIN A FAKE ID
• Computer Generated Documents
• Color Photocopies
• Altered Documents
COMPUTER GENERATED DOCUMENTS
• Easily counterfeited with the availability of
personal computers, quality printers, and
laminating machines.
• Information is changed and/or moved.
• Photo scanned and placed on document.
• Internet availability.
• Signs include dot matrix printing, inferior color
quality, and signs of lamination.
• Valid License with “Texas” Hologram:
• Counterfeit License with Dot Matrix Printing:
COLOR PHOTOCOPIES
• Altered photocopies re‐laminated
• Combination of computer and photocopy document ALTERED DOCUMENTS
• Usually altered by changing either the photograph or other information (i.e. – date of birth)
PHOTOGRAPH
• Photograph should be part of the document and not an add on (feel for smoothness).
• Make sure the photograph is the same person who gave you the document.
• Look at the height on the license or ID and compare with the person presenting it. SECURITY FEATURES ON THE DRIVER’S LICENSES ISSUED BEFORE APRIL OF 2009
BACKGROUND
• Magnify the background of the ID (not looking at the capital‐ just the white background)
• Valid DL’s are plain white
• Invalid DL’s will have red and blue dots (micro‐
printing)
Back Ground: Magnify the background of the ID (not looking at the capital‐ just the white background)
Real DL‐ plain white
Fake DL‐ red and blue micro‐printing MICRO PRINT
“State of Texas”
MICRO PRINT
“State Flag of Texas”
“Texas DPS”
EXAMPLES OF FAKE SEALS
EXAMPLES OF FAKE FLAGS
JULIAN DATE AS USED IN THE DPS TRACKING NUMBER
Julian Date
DPS TRACKING NUMBER
• Julian date refers to the number of days
elapsed since the beginning of the year.
• The first 2 numbers on the left indicate the
year that the license was issued.
• The next three numbers are the Julian date or
day of the year. Ex: February 1st is the 32nd day
of the year and is written 032.
• The last four number of the DPS tracking
number should always equal increments of 10
from 10‐30.
DPS TRACKING NUMBER
Example: 02186007733
02 is 2002
186 is July 5th
7+7+3+3=20
This driver’s license was issued on July 5th, 2002
*The middle 2 numbers reference the DPS camera location.
DPS TRACKING NUMBER
• If you see an old format with the first two numbers
exceeding 09 then there is a problem because the
updated format was issued in 2010.
• If the next three numbers are higher than 365 (or
366 for leap years) then there is a problem.
• Numbers should not reference a holiday because
DPS is closed on holidays.
BACK OF THE OLD FORMAT DL:
Missing “I” 1.
2.
3.
4.
5.
A magnetic strip;
‘Applicant specific’ information with Endorsements and Restrictions;
A Texas Roadside Assistance number (1‐800‐525‐5555);
Writable surface for applicant medical information
The letter i is missing the dot on top in the word “Directive”
FAKE REVERSE
SECURITY FEATURES ON THE NEW DRIVER’S LICENSE
MICROPRINT AROUND SKYLINE
“Capitol City Skyline”
PRINT AROUND BOTTOM
“Texas Lone Star State”
EMBOSSED DOB
Embossed DOB
OUTLINE OF STATE PERFORATIONS
UV ON FACE
BACK OF THE UPDATE LICENSE
Missing “I”
UV PHOTOGRAPH ON REVERSE
MISSPELLING
The area around the Capitol reads “State Capitol.” The word, “Capitol” is intentionally misspelled in one location as “Capital.” SUMMARY OF SECURITY FEATURES
*A list of security features is available as a handout
VALIDATION MARKS & MAGNETIC STRIP
• Most states put a seal, number, or signature that partially
covers the photograph and the data.
• Seal, number, and signature should be complete.
• Seals should be representative of the issuing jurisdiction
or agency.
• Dummy magnetic strips and bar codes may exist on a
fake ID.
BACK LABEL
• Check for misspelled words on the back.
• Check the writing and look for indicators in
the restrictions:
– NOT A GOVERNMENT RECORD
– FOR NOVELTY USE ONLY
– NOT AUTHORIZED
• Heavy scratching can be a sign that the person
is trying to hide something.
UPDATED UNDER 21 LICENSE AS OF APRIL 2009
Effective June 1, 2001, applicants under 21 are issued a
vertical format license and/or identification card. Provisional
licensees will no longer be photographed with the side profile.
UPDATED UNDER 21 LICENSE
Raised Numbers (on all new driver’s licenses)
Embossed DOB
Rainbow Printing
State Outline Laser Hologram
EXAMPLES OF COUNTERFEIT DL
Seal Microprinting
Flag Microprinting
Julian date “852”
“No” donor
Dot Matrix Print
REAL
FAKE
REAL OR FAKE?
REAL OR FAKE?
REAL OR FAKE?
OUT OF STATE DL’S AND ID’S
• Local clubs and bars have become proficient at recognizing fake Texas ID cards so more and more kids are using invalid out of state DL’s or ID’s. • This is common around college campuses.
• The I.D. Checking guide is a valuable tool in detecting these. • Remember attention to detail is key!
SOCIAL SECURITY CARDS
Columns are raised
UV Tags in paper
Microprinting “Social Security Administration”
PASSPORTS
Passports are easily altered and should not be relied upon for verification of a person’s age. INVESTIGATIVE TECHNIQUES & PREVENTATIVE MEASURES
FOR ANY LAW ENFORCEMENT AGENCY
WHY ZERO TOLERANCE?
• The alcohol involvement rate for young drivers,
based on the total licensed driver population, is
twice that of the over 21 age driver.
• The relative risk of a fatal crash for drivers
under 21 is greater at low alcohol levels than it
is for older drivers.
WHY ZERO TOLERANCE?
• Young drivers place a high value on their
driver’s licenses, and the threat of license
revocation has proven to be an effective
sanction for this age group.
• Studies also show that zero tolerance laws
leading to the loss of a driver’s license can
reduce total alcohol‐related fatalities.
WHY ZERO TOLERANCE?
• Zero tolerance laws also complement existing
state laws prohibiting alcohol sales and service
to youth.
• Young drivers are more willing to change
behavior patterns when assessed a
punishment rather than when given a warning.
WHAT DOES WORK?
• Community Coalitions ‐‐Perhaps the strongest approach for preventing
underage drinking involves the coordinated effort of all the elements that
influence a child’s life—including family, schools, and community. If the
community tolerates or even condones underage drinking and impaired
driving, it is very difficult to enforce.
• Raising the Price of Alcohol‐‐A substantial body of research has shown
that higher prices or taxes on alcoholic beverages are associated with
lower levels of alcohol consumption and alcohol‐related problems,
especially in young people. Alcohol excise tax rates for beer currently
stands at $0.20/gallon (The national average is $0.27/gallon). The last
increase in tax rates occurred in 1984 (Texas) and 1991 (Federal).
• Raising the age limit from 18 to 21‐‐Increasing the age at which people
can legally purchase and drink alcohol has been the most successful
intervention to date in reducing drinking and alcohol‐related crashes
among people under age 21.
WHAT DOES WORK?
• Zero Tolerance Laws‐‐ States that have passed “zero tolerance” laws have
experienced statistically significant reductions in deaths. When the first
eight States to adopt zero‐tolerance laws were compared with nearby
States without such laws, the zero‐tolerance States showed a 21‐percent
greater decline in the proportion of single‐vehicle night‐time fatal crashes
involving drivers under 21, the type of crash most likely to involve alcohol.
• Stepping up Enforcement of Law ‐‐Despite their demonstrated benefits,
legal drinking age and zero‐tolerance laws generally have not been
vigorously enforced. Alcohol purchase laws aimed at sellers and buyers
also can be effective, but resources must be made available for enforcing
these laws.
• Keg Registration‐‐ A system requiring registration of beer kegs that
records information on purchaser’s identity.
WHAT DOES WORK?
•
No Refusal Weekends – The law permits an officer to obtain
a warrant in order to conduct a blood draw if a breath test is
refused. The law also allows blood draws without a warrant
when a motorist who has two or more prior DWI convictions
is stopped for suspected drunk driving; has a child in the
vehicle; or causes even a relatively minor accident with injury.
• Working with the Media – One of the most important and
effective uses of the news media is to publicize enforcement
efforts. Deterrence is strongest when people believe that
they are likely to be apprehended.
MINOR STING OPERATIONS
• Minors, acting under the supervision of police officers,
enter into a licensed premise and attempt to purchase
alcohol.
• A plain clothed officer should be inside the location at all
times to witness the transaction and ensure security for
the minor.
• If the minor is able to obtain the alcohol, uniformed
officers will enter into the location and take enforcement
action.
• Minors should not be over 18 years old.
TEXAS VS. CAROL PHILLIPS
Defendant was convicted on her plea of no
contest in Fort Bend County to sale of an
alcoholic beverage to a minor. The Defendant
later appealed on the grounds that the minor
used during the sting had trespassed on the
Defendant’s property.
WHAT HAPPENED
On October 30, 1998, a 17 year old entered a bar
in order to attempt to purchase an alcoholic
beverage as part of an undercover operation at
the direction of her aunt, a TABC Agent. She was
accompanied by another TABC Agent who
witnessed the events. Defendant sold a beer to
the 17 year old without asking for identification.
TABC agents detained the defendant and issued
her a citation.
THE APPEAL
Defendant appealed to the Thirteenth Court of
Appeals claiming that the trial court judge improperly
denied her motion to suppress. The motion to
suppress was based on the fact that there was a sign
posted in the bar which prohibited any persons
younger than 21 years of age from being on the
premises. Appellant argued that the 17 year old
committed criminal trespass at the direction of the
agents by remaining on the property despite the
existence of the sign.
THE APPEAL
In 2003, the court of appeals held that the trial
judge erred in denying the Appellant’s motion to
suppress. The court of appeals held that the 17
year old was a trespasser under Texas Penal Code
30.05 and that she was not an authorized
representative of TABC, stating that the Code
does not expressly authorize TABC agents to
recruit minors to enter licensed premises for the
purpose of purchasing alcohol.
REVERSAL
In 2005, the Court of Criminal Appeals reversed
the opinion of the Thirteenth Court of Appeals
writing, “It would be absurd for the Legislature
to pass such legislation allowing minors to
purchase and possess alcohol to assist the TABC if
they did not also intend for these minors to be
able to have access to the targets of the sting
operations without being criminally liable for
trespass.”
*A copy of this case law is located in the back of your manual. SHOULDER TAP STINGS
• Minors, acting under the supervision of police
officers, approach customers outside of a licensed
premise and ask them to purchase alcohol on their
behalf.
• Minors clearly state that they cannot purchase the
alcohol because they are under 21.
• Once a purchase is made on the minor’s behalf,
police officers approach the purchaser and take
appropriate enforcement action.
VIDEO: SHOULDER TAPS
PARTY DISPERSAL
UNCONTROLLED PARTY DISPERSAL: WHAT SHOULDN’T HAPPEN
• Control the amount of partygoers fleeing the
scene, which results in a call for assistance and
possibly a foot chase or two;
• round up the remaining party goers and try to
determine who lives at the location or at least
who’s “in charge”; and
• issue citations or make arrests as appropriate and
contact parents of those who have been drinking.
CONTROLLED PARTY DISPERSAL: WHAT SHOULD HAPPEN
• Surveillance. Rather than responding directly
to the alleged party house, surveillance should
be initiated.
• Monitoring traffic. Appropriate enforcement
of alcohol violations for individuals leaving the
party is encouraged to maintain the program’s
integrity.
CONTROLLED PARTY DISPERSAL: WHAT SHOULD HAPPEN
• Briefing. A briefing will be held to review
current department policy and develop a
tactical plan.
• Deployment. Teams should be established to
provide an outer‐ and an inner‐ perimeter.
• Scene Security. Once entry is made, attendees
should be gathered into a secure area.
CONTROLLED PARTY DISPERSAL: WHAT SHOULD HAPPEN
• Processing. Processing should occur in three
stages:
• the administration of a preliminary breath test
and photograph of the subject,
• processing of citations, if issued, and
• arranging safe transportation from the party
PARTY DISPERSAL CASE LAW
GEORGIA V. EALUM
2007
During the late night hours of October 31,
2004, officers with the Lee County Sheriff’s
Department were at a gas station when they
observed several people standing outside a
trailer across the highway who were
screaming and laughing. The officers decided
to go over to the trailer and ask the
individuals to quiet down in order to head off
any noise disturbance complaint.
WHEN THE OFFICERS ARRIVED
The individuals who had been standing
outside all ran into the residence. Two of the
officers went to the front door of the trailer.
The renter of the trailer, defendant Linda Jo
Ealum, came out onto the front steps to
speak with the officers. The front door to the
trailer remained open as she talked with
them.
OFFICERS AT THE SCENE
While they were talking with the defendant, the
officers could see inside of the trailer and
claimed that they could smell alcohol
emanating from the trailer although they could
not see any bottles or cans of alcoholic
beverages.
OFFICERS AT THE SCENE
One of the officers later testified that he could
see a large group of “young people” in the
house who appeared to be between 18 and 21
years old and in various states of intoxication.
The officer concluded that there was an
underage drinking party going on in the home
and the officers then entered the residence
through the front door without obtaining a
warrant.
OFFICERS AT THE SCENE
As the officers entered the trailer, one of
them said, “Okay, you’re all under arrest.”
Approximately 15 people were found and
detained in the trailer. Everyone was ordered
to present their driver’s licenses for inspection
and officers performed alco‐sensor tests.
Those who tested positive for alcohol and
were underage were formally arrested and
taken to jail.
OFFICERS AT THE SCENE
The defendant began screaming at the
officers and would not get out of their way.
She admitted to the supervising officer that
there were underage people inside who had
been drinking but asked the officer to “look
the other way.” She was arrested and
charged with furnishing alcohol to a minor,
maintaining a disorderly house, and
obstruction of an officer.
THE APPEAL
The defendant filed a motion to suppress
arguing that the warrantless entry was
unreasonable under the Fourth Amendment.
The trial court agreed and granted the
motion. Therefore, the State appealed to the
Court of Appeals of Georgia.
THE APPEAL
The Court of Appeals agreed with the
Defendant and the finding was upheld. The
Court of Appeals noted, “Even if the officers
had probable cause for the entry, warrantless
intrusion of a person’s home is prohibited by
the Fourth Amendment, absent consent or a
showing of exigent circumstances.” (Protection
from serious injury or death or prevention of
the imminent destruction of evidence).
EXIGENT CIRCUMSTANCES
The court found no evidence of exigent
circumstances. The court, in a footnote, gave some
future guidance to officers as to what may qualify as
an exigent circumstance at a party call. “Nothing in
this opinion forecloses a finding of exigent
circumstances in a future case where there is
evidence that one or more underage partygoers
was passed out from intoxication, are suffering
from alcohol poisoning, or are attempting to leave
the party in their vehicles while intoxicated,
among other things.”
PREVENTION OF DESTRUCTION OF EVIDENCE
The court noted that there was no evidence.
The deputies did not observe any bottles, cups
with alcohol or cans located inside or outside of
the trailer. Even if the deputies had made such
observations, the court, citing precedent in
Pennsylvania and Ohio, stated unlike a
controlled substance, containers and cups
containing alcohol are not a type of evidence
that can be readily destroyed, as, for example,
by flushing them down a drain or burning them.
PREVENTION OF DESTRUCTION OF EVIDENCE
Additionally, in an underage possession of
alcohol case, the State is not required to
prove a particular level of intoxication, so
there was no danger of evidence dissipating
over the time that it would have taken to
obtain a search warrant.
WHAT ABOUT THE INCRIMINATING STATEMENTS TO OFFICERS?
The defendant’s incriminating statements
about underage drinkers being present at the
home were made while the officers were in
the process of effecting the unlawful entry
and during a heated argument with the
deputies’ supervisor regarding the entry into
the trailer. As such, the court held that these
statements were properly suppressed.
OBSTRUCTION OF AN OFFICER
The obstruction charge was dropped since it
occurred after the officers had unlawfully
entered the home.
CONCLUSION
Defendant’s motion to suppress evidence
found in her trailer was granted. The court
found that the officers lacked probable cause
to enter the home. The owner did not consent
to the search and the court did not find
evidence of underage drinking as proof of
exigent circumstance.
*A copy of this case law is located in the back of your manual.
SOCIAL MEDIA AS AN ENFORCEMENT OPTION
Popular Social Media:
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Facebook
Twitter
Instagram
Vine
Snapchat
FACEBOOK
• All of the account information including name, phone number and email should be fake
• When looking for a picture, find one on the internet that is attractive but not too conspicuous • Post an extensive amount of pictures on your profile
• Slowly add friends. • Never update your status or add new pictures. • Do not interact with any of your “friends” FACEBOOK
• Monitor the profiles of the “partiers'” or search “party” in the search bar at the top and Facebook will cross search this with any posts that your friends have made using the word “party”
• May also be used as an investigative tool in order to obtain information
TWITTER
• Twitter is also a popular media used by teenagers
• Twitter has a search engine at the top that can be used to search names, locations and keywords without creating a profile
• Many personal profiles on Twitter are private
• May require that a fake account is created in order to view the tweets
INSTAGRAM
• Online photo and video‐sharing social network
• Instagram may be private and a fake account may need to be created in order to view the photos and videos • Twitter and Instagram are increasingly becoming more popular than Facebook for teens and young adults
VINE
Owned by Twitter
Offers video sharing
Supposed to be 17+ to use it
Teens like to use it to create and share videos with their friends
• Accounts are semi‐public (similar to Facebook)
• You can view public videos but you would likely need to set up a fake account
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SNAPCHAT
• Photo sharing tool
• Accounts are private
• Photos are deleted off of servers seconds after they are viewed unless tagged as a “story” by the user
• Teens like it because images are quickly deleted and therefore less likely to get them in trouble
• Could be used to send a photo of a person or meet‐up location
SOCIAL MEDIA TRACKING SOFTWARE
• Allows users to monitor social media based on customized parameters. Can track conversations, demographics, trending topics (upcoming parties), themes, etc. • Popular software includes: Hootsuite, Sy Somos, Radian6, Lithium, Collective Intellect, and Snap Trends
• Free options are available
CONSIDERATIONS
• Run an extensive search on your alias name and picture before using it to make sure that it hasn’t been used before
• Use caution if logging in at home as the computer’s IP address can be traced
• Be careful not to portray yourself as the person pictured on your profile
• This can be very time consuming. DRAM SHOP CASE STUDY:
WHY IT IS IMPORTANT TO FOLLOW THROUGH ON DWI INVESTIGATIONS
DRAM SHOP LIABILITY
(Section 2.02 ABC)
Dram Shop is a legal term referring to a bar, tavern or the like where
alcoholic beverages are sold. Traditionally, it referred to a shop where
spirits were sold by the dram, a small unit of liquid (1/16 of an ounce).
The Texas legislature passed the Dram Shop Act in 1987. Under the
Texas Dram Shop Act, there is a cause of action for providing, selling or
serving an alcoholic beverage to an individual who was “obviously
intoxicated to the extent that he presented a clear danger to himself
and others” or for a minor under the age of 18 who was knowingly
served.
In Texas, anyone including minors can sue a drinking establishment for
their own injuries sustained while intoxicated.
Cases are handled in a civil court. *Safe Harbor may apply*
ABDALLAH KHADER
BACKGROUND
On February 20, 2009, Stewart Lee Richardson began
drinking at Applebee’s in Arlington around 6:00 p.m.
An itemized receipt from Applebee’s shows that he
paid for 6 Bud Light bottles, 5 Coors Mugs, 4 Bud Light
Mugs, 2 Rumple mint shots, 2 Stoli shots, and 1 Captain
Morgan Shot at 7:41 p.m.
There were no witnesses at Applebee’s that placed
Richardson in a state of intoxication and the employees
state that he bought drinks for other patrons. The
bartender states that Richardson consumed four beers
and one shot during his time there.
BACKGROUND
Richardson left Applebee’s at approximately 8:00 p.m.
and went to Mr. B’s Sports Grill, also located in
Arlington.
Mr. B’s President, Jeff Cochran, stated that Richardson
arrived at approximately 9:00 p.m. and was at the
establishment for 30 minutes to one hour where he
consumed three (3) 24 ounce beers and two (2) shots.
Mr. Cochran states that Richardson was not intoxicated
when he was in the bar and bought rounds of alcohol
for other patrons.
BACKGROUND
A receipt has not been located from his time at Mr. B’s. However, Richardson withdrew $200.00 from an ATM earlier in the morning and had $2.00 on him when he was booked into jail. CRASH
• After leaving Mr. B’s, Richardson, driving a Ford F‐
250, rear ended a 2003 Honda Accord carrying 2
year old Abdallah Khader, his 17 year old brother and
their parents.
• The force of the impact “obliterated” Richardson’s
truck and the back seat of the Accord. The entire
family was wearing seat beats but the air bags did
not deploy and Abdallah was crushed in his car seat.
He stopped breathing for a time and was initially on
life support. Doctors report that 80 percent of his
brain was damaged by bruising and strokes.
CRASH
His brother was treated for broken bones and
lacerations. His mother temporarily lost
consciousness and suffered hemorrhaging to the
brain. His father had to be extracted from the
car and suffered broken ribs and punctured
lungs.
CRASH
Witnesses at the scene report that Richardson
smelled of alcohol, was slurring his words and could
barely walk.
A responding officer stated that he could detect the
odor of an alcoholic beverage on Richardson who
had glassy eyes and was having difficulty maintaining
his balance. Richardson told the Officer that he had
consumed 7 or 8 beers at Mr. B’s.
ARREST
• Richardson refused to take the Walk and Turn Test
because he stated that it was too windy. When given
the opportunity to take the One Leg Stand Test,
Richardson turned around and started walking to the
patrol car, stating that he was “ready to go to jail.”
• Richardson was placed under arrest for Intoxication
Assault at 11:34 p.m. Blood was taken at 11:54 p.m.
His BAC was 0.25.
ARREST
• Richardson provided a written statement that read, “Left
Applebees, went to Mr Bees had about 4 or 5 drinks left
to go home. Two cars me one one my lane couldn’t stop
in time, car changing lane. Accident, really feel bad, one
car left the spot. Black car which caused accident,
couldn’t stop. Feel terrible. Hope everyone ok.”
• It was later discovered that Richardson had seven prior convictions for driving under the influence in four different states including one in Iowa that injured five people. CIVIL ACTIONS
• Less then one month after the crash, Applebee’s let
their permit expire.
• On September 30, 2009, TABC found that Mr. B’s sold to
an intoxicated person and canceled their permit. Safe
Harbor does not apply to Mr. B’s permit as Richardson
was served by the owner/permittee.
• The family filed a civil lawsuit alleging that Applebee's
served over 20 drinks to Richardson in approximately
two hours. A confidential settlement was reached.
CRIMINAL TRIAL
• Stewart Richardson is currently awaiting trial.
• His lawyers have argued that all of his previous convictions were misdemeanors. A judge agreed which limits his potential sentence to 20 years. • Prosecutors have appealed and are seeking a life sentence. • Abdallah, now 7 years old, remains in a permanent vegetative state.
ABDALLAH KHADER ACT AKA
“AGGRAVATED DWI”
• Increases DWI offense from a Class B to a Class A for
those with BAC 0.15 or higher “at the time the analysis
was performed.”
• Elevates the punishment range from a Third Degree
Felony to a Second Degree Felony for an Intoxication
Assault case where the victim suffers a brain injury
that leaves them in a persistent vegetative state.
The Consequences……
The consequences of impaired driving are tremendous. They include the potential for loss of life and debilitating injury.
Families and communities can be torn apart by these seemingly preventable tragedies. The responsibility belongs to us all! Contact Information
FRIDAY Program
www.texasfriday.org
Gary Teeler
[email protected]
Or [email protected]
512‐389‐4596 – Office