Tuesday, June 20, 2017 Fundamentals of Law

Rooms: 314-315 Cros Examination: Drug

Recognition Experts

2:30 p.m. – 3:00 p.m.

Presented by Heather Jackson Badovinac

Iowa State Public Defender's Office 501 Sycamore St , #303

Waterloo, IA 50703 Phone: 319-291-2535

Sarah Keely

Law Student University of Iowa Law School

Cross Examination of Expert Witnesses Heather Jackson Badovinac and Sarah Keely

I. Introduction of the Problem a. Defendant: John Smith b. Officer: Jane Doe c. Drug Recognition Expert: Sarah Keely

II. Facts a. Stop b. Initial Interaction c. Officer Smith’s reports d. “Odor of Alcohol”/Slurred Speech

III. Initial Field Sobriety a. Failed HGN: 6/6 Clues b. Walk and Turn c. One Leg Stand d. BAC: 0.00

IV. Drug Recognition Experts a. Training b. Evaluation Matrix c. Table of Symptoms

V. Simulated Cross Exam Officer Keely

1. Training a. Law enforcement academy b. Extra hours for Drug Recognition c. How many extra hours d. Training by law enforcement officers e. Not by doctors f. Psychologists g. Psychiatrists h. Trained on basic indicators i. There is a difference between training for alcohol and drugs

2. Testing for drugs a. Different tests for alcohol and drugs b. Body has different reactions to drugs and alcohol c. Each test has a different indicator d. Now I would like to talk to you about Mr. Smith e. Didn’t know Mr. Smith before September 27 f. Didn’t know his:

i. Health status ii. Normal body temperature iii. Normal speech iv. Normal sight v. Normal walk

3. Test 1: Internal counting test a. Count to 30 seconds in their head and tell you when finished b. Used to test coordination and mental function c. Mr. Smith indicated at the 28 second mark d. That is a passing result

4. Test 2: Walk and Turn a. Walk 9 steps, turn, walk 9 more steps b. Used to test ability to follow directions and motor functions c. He didn’t walk to slow or too fast d. Didn’t stumble or raise his arms e. Had ZERO indicators of intoxication f. Mr. Smith passed that test

5. Test 3: One Leg Stand

a. Balance on each leg and count b. Used to test balance c. Left leg d. Mr. Smith indicated his left leg was swollen and he didn’t know the cause e. Out his foot down during that test f. Didn’t fall over g. Followed all instructions h. Right leg i. Followed instructions j. Didn’t stumble k. Didn’t raise arms l. Only 1 out of 4 clues of intoxication on this test

6. Test 4: Finger to Nose test a. Tests coordination b. Instructed to touch their nose with their finger tip c. Never missed his nose d. The only thing he did wrong according to you was use the pad instead of the tip of his finger

7. Test 5: HGN a. Conducted by both you and Officer Doe b. You concluded HGN was present c. Drugs and alcohol are not the only causes of HGN d. Naturally occurring e. Hypertension f. No direct link between intoxication and HGN g. Not independent proof of impairment

8. Test 6: VGN a. Like HGN not independent proof of impairment

9. Test 7: Body Temperature a. Tested Mr. Smith’s temperature b. 96.2 c. What is the normal range for a person’s body temp d. Don’t know Mr. Smith’s normal body temp e. Natural causes of low body temperature

10. Test 8: Blood Pressure a. Tested blood pressure b. Above normal c. pre-hypertension d. Don’t know what Mr. Smith’s normal blood pressure is e. Could be caused by stress of stop/continued investigation

11. Test 9: Pulse a. Above/within normal range b. Slightly higher

12. Test 10: Pupils a. Not an optometrist b. Don’t regularly study eyes c. Only training is DRE training d. Don’t know normal size of Mr. Smith’s pupils e. Wears glasses f. Don’t know how that effects test g. Mr. Smith has pre-glaucoma, don’t know how that effected test

13. CONCLUSIONS a. You concluded Mr. Smith was under the influence of two different types of drugs b. CNS Depressant c. Includes all sorts of prescription and recreational drugs d. No way to narrow e. Oral Analgesic f. Pain killers g. Includes things like Ibuprofen and Aspirin h. No way of knowing what i. No way of narrowing dose

VI. Questions