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Invisibletrampis
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Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her
    #24322516 - 05/15/17 10:58 PM (3 months, 2 days ago)

Source.

Katelyn Ebner spent a night in jail and months fighting charges, all because of what one attorney calls police “guesswork.”

When a police officer in Cobb County, Georgia, pulled Katelyn Ebner over in April 2016, the 23-year-old figured she had nothing to be worried about. She’d just gotten off a waitressing shift at a restaurant, but she hadn’t been drinking. She was tired, maybe, but not drunk ― and certainly not high.

Over the course of a nearly half-hour traffic stop, however, Officer Tracy Carroll made it clear that he believed Ebner was driving intoxicated, which had supposedly caused her car to cross the center line. And Carroll was intent on confirming that suspicion using his training as a drug recognition expert, a controversial certification that some critics say can put innocent people in jail based on “guesswork.”

In a dashcam video later obtained by WXIA-TV, the NBC affiliate in Atlanta that first reported on Ebner’s story, Carroll asks Ebner to step out of her vehicle, then he proceeds to conduct a 20-minute field sobriety test. Ebner repeatedly says she’s “nervous,” telling Carroll it’s the first time she’s been pulled over. At one point, Carroll shines a bright, blueish light into Ebner’s eyes for nearly three minutes. He asks her to blow into a Breathalyzer, which returns a negative result. Then Carroll makes Ebner perform a number of exercises: walk heel-to-toe, touch her nose, look here, look there.

Finally, he makes his conclusion.

“You’re showing me indicators that you have smoked marijuana,” Carroll tells Ebner as he goes to handcuff her.

“The only thing that I can honestly think of is I’m anemic, like, highly anemic. You can check my records,” Ebner pleads. “I do not smoke weed. I do not do any of that stuff. I do not do that stuff. I have never had any problems. Nothing.”

Ebner asks if Carroll can give her a drug test to prove that she’s sober, but he’s made up his mind.

“You’re going to jail, ma’am,” he says. “I don’t have a magical drug test that I can give you right now.”

Carroll is right about the last part. There is no standardized field screening device for law enforcement to tell if a motorist is driving while drugged. So police departments around the country rely on so-called experts like Carroll.

These officers take drug evaluation and classification programs designed to help them identify not only if drivers are impaired but also which substances they might have taken. The program relies on a 12-step evaluation that consists of physical, mental and medical components.

Carroll is one of Cobb County’s most prolific drug recognition experts (DREs), racking up 90 DUI arrests in 2016, according to WXIA. If his arrest of Ebner is any indication, however, the method isn’t perfect.

Because of Carroll’s observations, Ebner spent the night in jail, accused of driving under the influence, which caused her to lose her alcohol server’s permit for work. Although she maintained her innocence and submitted to a required blood test, Ebner wouldn’t be fully vindicated until four months later, when that test, as well as a separate urine screen she got through a private lab, came back negative.

With scientific evidence to counter Carroll’s conclusion, prosecutors dropped the charges against Ebner. But not before she spent thousands of dollars in legal fees, she says. Ebner did not immediately respond to HuffPost’s request for comment.

Reached by HuffPost on Thursday, the Cobb County Police Department said it was reviewing Ebner’s arrest but believed Carroll had acted in accordance with his training.

“We are aware of the WXIA reporter’s piece, and we are continuing to look internally at how we do these DUI investigations and the protocol and procedures that are currently in place within the department,” said Sgt. Dana Pierce, a public information officer for the department.

“As a state-certified and nationally accredited law enforcement agency, we are very concerned about [DUI] cases outside of alcohol that appear to be on the increase in our local jurisdictions, state and nationally,” Pierce added. “We will strive to continue to protect our community from people who choose to drive under the influence.”

As WXIA reports, Ebner’s ordeal wasn’t an isolated incident. In 2016, Carroll arrested at least two more motorists on suspicion of driving while high on marijuana only to have their drug tests come back negative.

“They’re ruining people’s lives,” Ebner told WXIA.

These sorts of field screening tests are troubling to William Head, a Georgia criminal defense attorney.

“The case law around the country says if a person has had this additional training, they’re allowed to get up [on the stand] and tell the jury that they have special training and can detect things that even a doctor can’t detect,” Head told HuffPost.

In Ebner’s case, it appeared to Head that Carroll had conducted a “bastardized form” of the DRE training.

“He did not go through all the protocols. He did part of them,” said Head. “He went ahead and arrested her anyway on guesswork ― pure guesswork.”

Cases like this could suggest these drug recognition programs may be in need of further examination to ensure they’re not based on “junk science,” said Eugene O’Donnell, a former police officer and professor at the John Jay College of Criminal Justice.

The most disturbing part to O’Donnell was the fact that Carroll had effectively sentenced Ebner “on the side of the road,” based entirely on seemingly subjective observations.

“To me, the big question is why do people have to be held in jail?” said O’Donnell. “It’s a fundamental, core injustice to be punishing someone who turns out to be clearly innocent.”

O’Donnell suggested that a court summons might suffice in a case like Ebner’s, especially considering the relative lack of certainty that she was actually intoxicated. Then he brought up the case of Sandra Bland, the black motorist who died in a Texas jail in 2015 following a violent arrest at a traffic stop, which he said should serve as a reminder that police must proceed carefully before locking people up.

“People die, they commit suicide, they lose their jobs ― there are consequences to these things,” said O’Donnell. “Just messing with people, you should have a very clear road map of what that’s about.


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Offlinekeyser_soze
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Re: Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her [Re: trampis]
    #24322578 - 05/15/17 11:16 PM (3 months, 2 days ago)

article acts like she wont file a civil suit...


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InvisibleEastBayRay
Registered: 06/06/13
Posts: 553
Re: Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her [Re: keyser_soze] * 1
    #24322638 - 05/15/17 11:34 PM (3 months, 2 days ago)

I wonder how many other people's lives this pig has ruined.


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OfflineKryptos
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Re: Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her [Re: EastBayRay]
    #24322902 - 05/16/17 01:55 AM (3 months, 2 days ago)

Quote:

Carroll is one of Cobb County’s most prolific drug recognition experts (DREs), racking up 90 DUI arrests in 2016, according to WXIA




90 lives ruined in 2016, though I'm guessing at least a few of those should have been ruined.

Quote:

Carroll arrested at least two more motorists on suspicion of driving while high on marijuana only to have their drug tests come back negative.




At least two lives ruined that definitely shouldn't have been.

The thing that fucks with me the most is that in many cases, the arrest is enough to permanently screw you over, even if you are not charged for some more...sensitive...employers. If you do get charged, well, even if you're not convicted, you probably won't be getting paid a salary for the next decade minimum. We as a society decided that even the innocent must have done something wrong to get charged, because all police are paragons of virtue.


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Offlinetacodude
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Re: Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her [Re: Kryptos]
    #24323121 - 05/16/17 04:38 AM (3 months, 2 days ago)

Anyone being grilled for 20 minutes after a day of work would develop red tired anxious dilated eyes... My school pulled they same shit saying they suspected I was on drugs in schools because of what I can only describe now as autistic behaviors and saying my eyes looked dilated probably from shock anxiety asking what pill I took, which I honestly answered, "I didn't take anything, but if I did have anything I would save it until I was out of that prison hell hole," and that warranted not just calling my parents suspecting drug use, but saying I was using in school based on bad information from someone who said I was dealing. It was the beginning of ruining my life.


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Offlinemusiclover420
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Re: Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her [Re: tacodude]
    #24323152 - 05/16/17 05:03 AM (3 months, 2 days ago)

Quote:

“As a state-certified and nationally accredited law enforcement agency, we are very concerned about [DUI] cases outside of alcohol that appear to be on the increase in our local jurisdictions,




:facepalm3:

I wonder why they appear to be increasing if you are arresting people who are sober....

I wonder if these people are actually this stupid and or delusional or if they just don't give a fuck about anyone else.

It's such BS they can pull stuff like this. Where the hell are the checks and balances? Cops should be putting their reputation on the line in situations like this and they shouldn't be given second chances. Citizens should be free to assume cops are breaking the law and citizens arrest them too. "Sorry judge but the cop looked like he was drunk so I had to detain him".

Of course that would actually be somewhat fair so we will probably never see anything like that...


--------------------
Don't worry about me, I've got all that I need. And I'm singing my song to the sky

You know how it feels, With the breeze of the sun in your eyes. Not minding that time's passing by

I've got all and more, My smile, just as before. Is all that I carry with me

I talk to myself, I need nobody else. I'm lost and I'm mine, yes I'm free



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InvisibleLSDollar
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Re: Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her [Re: musiclover420]
    #24323288 - 05/16/17 07:31 AM (3 months, 2 days ago)

So think of this. You have not smoked weed in a couple days, a week even. But you were a everyday smoker, whatever. You just got done working out, running ect and are driving home.

You have not taken anything in days, a week. Officer thinks you are high, they do a blood test. Your workout burned some THC and you are over the 5NL limit. DUI, am I wrong here thinking this is certainly possible, and scary?

What if you got really high the night before, and still have THC in your blood the next day? The blood tests are not reliable


--------------------
A good acid trip last forever


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Invisiblepassifloracaerulea
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Re: Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her [Re: LSDollar]
    #24323699 - 05/16/17 11:03 AM (3 months, 2 days ago)

They are testing the thc breathalyzer now. Expect them to hit legal states in the next year or two. I prefer this to the nanogram limit. Even I can handle not getting stoned before driving if it came to that.


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OfflineCamwritesgonzo
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Re: Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her [Re: LSDollar] * 1
    #24324189 - 05/16/17 02:24 PM (3 months, 1 day ago)

Quote:

LSDollar said:
So think of this. You have not smoked weed in a couple days, a week even. But you were a everyday smoker, whatever. You just got done working out, running ect and are driving home.

You have not taken anything in days, a week. Officer thinks you are high, they do a blood test. Your workout burned some THC and you are over the 5NL limit. DUI, am I wrong here thinking this is certainly possible, and scary?

What if you got really high the night before, and still have THC in your blood the next day? The blood tests are not reliable



That's what I was thinking. It seems like the only reason to pound every Tom, Dick, and Susan for field sobriety tricks and haul them off. They know there's a chance that at least some of the bloodwork and/or piss will come back hot for cannabis metabolites due to the duration they stay in the system and they know damn well that a portion of those charges will stick. More arrests and more convictions means more money and more toys for the piggies in their mudholes. If somebody rats to squeak by without doing time, the cops know they have the informant by the balls and they get by with less legwork. If the informant gets outed as an informant and gets snuffed, the cops can just claim "You live by the sword, you die by the sword." Even if it's over pot, as was the case with what happened to Andrew Sadek.
The pigs know they'll never win the drug war, so they wheel and deal and fuck over anybody they can in order to keep the slop trough full for as long as possible.


--------------------
Life is a short warm moment, and death is a long cold rest. You get your chance to try, in the twinkling of an eye. Eighty years with luck or even less.
"It's bad karma to fuck with the stoned."- Hunter S. Thompson
A squid eating dough in a polyethylene bag is fast and bulbous, got me?


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Offlinerider420
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Re: Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her [Re: Camwritesgonzo]
    #24324245 - 05/16/17 02:51 PM (3 months, 1 day ago)

Free nation or police state lets check.

Can an Officer strip search you because they don't like your looks? Yes police state.

Can an Officer arrest you because merely because he suspects something with out any proof? Yes police state.

Can an Officer shoot an unarmed man in the back for merely running away? Yes Police state!

Can an Officer lie to your face? Yes Police State!

As long as there is a drug war every nation that part of the drug war becomes by default a police state. Same with the war on LGBT or as long as any minority is persecuted for just being different we will live in a police state.

Funny thing about freedom you can only get it if you give it.


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OfflineKryptos
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Re: Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her [Re: musiclover420]
    #24324921 - 05/16/17 06:59 PM (3 months, 1 day ago)

Quote:

musiclover420 said:
Quote:

“As a state-certified and nationally accredited law enforcement agency, we are very concerned about [DUI] cases outside of alcohol that appear to be on the increase in our local jurisdictions,




:facepalm3:

I wonder why they appear to be increasing if you are arresting people who are sober....

I wonder if these people are actually this stupid and or delusional or if they just don't give a fuck about anyone else.

It's such BS they can pull stuff like this. Where the hell are the checks and balances? Cops should be putting their reputation on the line in situations like this and they shouldn't be given second chances. Citizens should be free to assume cops are breaking the law and citizens arrest them too. "Sorry judge but the cop looked like he was drunk so I had to detain him".

Of course that would actually be somewhat fair so we will probably never see anything like that...




Wanna hear the fucked up flipside? This is from a few states over, a news reporter is investigating why DUI arrests are going down as the population goes up. Saying shit like cops are being "too lenient"

http://www.wsoctv.com/news/9-investigates/9-investigates-dwi-arrests-drop-dramatically-despite-meck-co-growth/523242803


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Offlinemusiclover420
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Re: Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her [Re: Kryptos]
    #24324946 - 05/16/17 07:07 PM (3 months, 1 day ago)

That is why it's so futile and we really need to overhaul how we approach DUI's.

Even if by some magic we could catch all the wreckless drunk drivers then we would be left with everyone abusing illegal drugs which would be harder to crack down on in some cases. Especially with research chemicals and other new crazy drugs...


--------------------
Don't worry about me, I've got all that I need. And I'm singing my song to the sky

You know how it feels, With the breeze of the sun in your eyes. Not minding that time's passing by

I've got all and more, My smile, just as before. Is all that I carry with me

I talk to myself, I need nobody else. I'm lost and I'm mine, yes I'm free



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OfflineKryptos
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Re: Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her [Re: musiclover420]
    #24325228 - 05/16/17 08:52 PM (3 months, 1 day ago)

Let's try to get rid of the "D" instead of the "I", because it seems like most problems are caused by humans behind the wheel.


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Offlinedwnlw2slw
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Re: Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her [Re: musiclover420]
    #24325233 - 05/16/17 08:54 PM (3 months, 1 day ago)

Wow, this is like next-level police state shit! I really hope she files a civil suit...A BIG one. Then the cop gets fired.

Canada is in the midst of legalizing cannabis. As far as roadside testing goes, Canada seems to be leaning towards a saliva test, via a cotton swab(?).


--------------------
"Music is liquid architecture; architecture is frozen music." -Johann Wolfgang Goethe

"Slow is the experience of all deep fountains: long have they to wait until they know what has fallen into their depths." -Nietzsche

My avatar is called "Inner Sanctum" by Luke Brown.


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OfflineFractal420
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Re: Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her [Re: dwnlw2slw]
    #24325852 - 05/17/17 01:30 AM (3 months, 1 day ago)

Fucking Georgia!

Im sure no one needs to be reminded they ban the spore


--------------------
Dreaming of That face again.
It's bright and blue and shimmering.
Grinning wide
And comforting me with it's three warm and wild eyes.

Prying open your third eye



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InvisibleDr.Satan
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Re: Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her [Re: Fractal420]
    #24328623 - 05/18/17 12:44 AM (3 months, 10 hours ago)

:fuckthepolice:


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InvisibleCookieCrumbsM
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Re: Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her [Re: dwnlw2slw]
    #24329013 - 05/18/17 06:25 AM (3 months, 4 hours ago)

Quote:

dwnlw2slw said:
Wow, this is like next-level police state shit! I really hope she files a civil suit...A BIG one. Then the cop gets fired.

Canada is in the midst of legalizing cannabis. As far as roadside testing goes, Canada seems to be leaning towards a saliva test, via a cotton swab(?).




Which still has an 8-12 hour window. There is no test atm that can tell you someone is high.


I worry about this though. Having an auditory disorder and health issues I've been mistook for being under the influence my whole damn life. If a cop can pull you in just for acting 'strange'... Well that is a police state. It victimizes the exact sort of people they should be protecting. Fascist states do that. Controlling totalitarian military ruled states do that.

I wish we would do something about the police force in this country and the ignorance of both bureaucrats and LE.
I mean something productive. Not more bureaucratic bullshit.


--------------------
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OfflineFractal420
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Re: Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her [Re: CookieCrumbs]
    #24329124 - 05/18/17 08:39 AM (3 months, 2 hours ago)

"Some magical drug detector"

This is a perfect example of exactly what this drug intolerance does. 2017, time for these kind of backward arrests to go the way of the dodo

And this case is just plainly highlighting the literal torture imbedded into this system

Btw i have anxiety probs, and they kick in when cops approach. That typically leads to something like "why are you so nervous? WHAT ARE YOU HIDING?"

Which is def the opposite of justice, exploitation of my personality/mental disorder if you wanna call it that.


--------------------
Dreaming of That face again.
It's bright and blue and shimmering.
Grinning wide
And comforting me with it's three warm and wild eyes.

Prying open your third eye



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Offlineegoslap
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Re: Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her [Re: trampis]
    #24329177 - 05/18/17 09:09 AM (3 months, 1 hour ago)

WTF lol only in  the land of the free eh, great work America.

I've never even heard of such rediculous laws any where on the planet.

So police man can make up whatever there and arrest you huh.  Thats retarded.


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OfflineConnoisseurS
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Re: Georgia Cop Decides A Sober Woman Is High On Marijuana, Jails Her [Re: trampis]
    #24331434 - 05/19/17 12:08 AM (2 months, 30 days ago)

:thumbdown:


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