See, I'm not sure
>> drunk or something or anything.
>> I never said you were drunk.
>> Well, I know, but I know I left, right?
>> Sure.
>> Okay. I'm going to have you take the
hood off for me, just while I'm doing
this test. Okay.
>> My ears are just cold.
>> Sure.
>> This first test is called the HN test.
Okay. What I want you to do is I want
you follow tip my finger with your eyes
and eyes only. I don't want you to move
your head at all. Do you understand?
Right.
>> Okay.
January 14th, 2020. Fenmore, Wisconsin.
Officer observed left of center driving
and improper turn. Blood test revealed
28 nanogs per milliliter
methamphetamine. This case demonstrates
Wisconsin's zero tolerance drug statute.
The reason I'm stopping to you guys
today is because you were crossing the
center line and then you also cut the
corner here when you were turned on to
Seventh Street on you know.
>> Yep. This is Seventh Street.
>> Oh, all right.
>> Yep. So, if it's your driver's license
and your proof of insurance,
>> where you guys coming from tonight?
>> I just come to get gas so I have to
worry about in the morning.
>> What's that?
>> Just getting gas so we don't have to
worry about it in the morning.
>> Oh, gotcha.
What's that?
>> Oh, this says for boyfriend's truck.
>> Oh, gotcha. So, you don't have the
insurance or anything?
>> Okay.
>> It is. He does have insurance on it. He
just paid it, actually.
>> I know, but he said it's expired,
>> but it's not. Otherwise, I have to have
him send me a picture of it. I don't
know. I don't know any of the stuff.
>> Where are you guys heading to tonight?
>> Home. We went to come get cigarettes and
gas.
>> Heading home. Baggley.
>> Oh, no. Sorry that is gone. It's my
hope.
>> Oh, my hope.
>> Yeah.
>> Send me a picture.
>> You okay?
>> Yeah, I'm fine. Bye.
>> Okay. I just noticed that you're
shaking.
>> It's cold.
>> It's cold.
>> You guys look like you have nothing to
do tonight.
>> Hey, I do have to say I'm from Madison.
You guys are a lot nicer than uh
Madison. They don't play down there.
Definitely don't play down there.
>> I'm guessing they probably deal with a
little bit harder people than we have to
though, too.
>> Yeah.
>> I grew up on Allied. I don't know if
you've ever heard
>> Allied drive.
>> Yeah, I grew up on Allied. So,
>> Oh, yeah. That's a rough neighborhood.
>> They just had a shooting up there, too,
didn't they?
>> Yep.
>> I was going to Well, Allied usually has
a shooting every week. So,
>> sad. It's really sad. It's all they do.
Sad.
What?
>> 70° looks like.
>> I was just thinking about buying the
truck, so I want to know where stuff is.
>> Sure.
>> I don't have service.
>> I do.
>> You just He's got to find it through the
truck.
>> He's got progressive
progressive and tightness. need this.
>> They They need the They actually need
something in like that right there. What
she's got. What she's holding. It looks
something like that.
>> Is he sending it?
>> Yep. He just said it now. I just got it.
>> Oh, perfect.
>> Hang tight for me, guys. I'll be right
back with you.
>> Once back in the patrol vehicle, the
officers discussed what they had
observed.
>> See this? And she's so pissed. We pulled
her over.
>> I saw a fresh needle mark on her arm.
>> Did you?
>> Yep.
>> The driver passenger driver.
>> After confirming the suspect's identity,
the officer reapproached the suspect as
his investigation proceeds.
>> Can I have you step out of the vehicle?
I just want to talk to you real quick.
>> Can I have you put your put your
cigarette out for me, too?
>> Yeah. I don't know if there's an ashray
in here, but yeah.
Perfect. Thank you. We're just going to
step back here.
If you want to step back here for me.
>> All right. Heather, you're probably ask
wondering why I'm I'm asking you to step
out of the vehicle.
>> Yeah, I didn't. What's that?
>> I didn't realize I crossed the center
line.
>> Sure. But
>> Okay. Well, there's a few things that
that we're looking for, you know,
impaired driving and stuff like that.
Okay. And the reason I'm asking you to
step out of the vehicle when I was
talking to you, I noticed that you had a
fresh needle mark on your arm.
>> I don't have any marks.
>> It's going to be on your other one
right there. Right on your vein.
>> Okay.
>> Well, I
>> So, when's the last time you used?
>> I don't that
I'm seriously That's not from a needle.
Let's just start over. Okay. When's the
last time you used?
>> I haven't used anything.
>> So, you don't use narcotics, drugs,
nothing like that.
>> Cigarettes.
>> So, why is the
>> the vein raised?
>> I don't know.
>> Okay. Cuz that's that's pretty
indicative of of drug usage.
>> That one's the same. There's nothing
there.
>> I don't.
>> Okay. So, I guess my question once again
is is why is it is it raised?
>> I didn't even notice that until you
pointed out.
>> Sure.
>> I don't know.
Okay. So, you haven't been using drugs,
narcotics, anything like that tonight?
>> No. Okay. Do you mind if I check? Make
sure you haven't
>> checked. What?
>> Field soiety test. Some field sobriety
test.
>> Okay. I'm just going to have you hang
right here for me.
I'm just going to stay right over here
for me. Okay.
>> Right.
>> Sure. I just don't want you getting hit
getting too far in. Okay.
Couple steps to your right just so
you're out of the snow.
>> Okay. Perfect. That's left.
my right.
>> I know.
>> See, I'm not sure drunk or something or
anything.
>> I never said you were drunk.
>> Well, I know, but I know I left. Right.
>> Sure.
>> Okay. I'm going to have you take the
hood off for me just while I'm doing
this test. Okay.
>> My ears are just cold.
>> Sure. This first test is called the HN
test. Okay. What I want you to do is I
want you to follow tip my finger with
your eyes and eyes only. I don't want
you to move your head at all. Do you
understand? Right. Okay.
Yeah. Follow my finger. Okay.
>> Okay.
Okay, the next test is called the walk
and turn test. And this test has a
starting position. Okay, what I want you
to do is I want you to place your left
foot on a straight imaginary line.
From there, I want you Yep. From there,
I want you to place your right foot heel
to toe in front of your left foot. Go
ahead and do that. Remain in that
position. Don't start the test yet.
>> Okay. Sorry.
>> Yep. Remain in that position with your
arms at your side and tell to start the
test. Okay. You understand? Okay. You're
in this position right now. Go ahead and
watch my feet. What I want you heel to
toe steps down that straight imaginary
line. It'll look something like this. 1
2 3 all the way to nine. This
representing your ninth step. Leave this
foot planted. Take small choppy steps
until you're facing back in the other
direction. From there, I want you to
take another nine heel to toe steps on
that line. It'll look something like
this. One, two, three, all the way to
nine. Okay. While you're performing the
test, I want you to watch your feet.
Count out loud what number of steps are
on. Keep your arms down on your side.
Don't stop the test until you've
completed it. Do you need help getting
back into the starting position? Do you
understand the test as I as I've
explained it to you? Yep.
>> Nine steps. Turn around. Go back.
>> Whenever you're ready, go ahead and
begin.
starting turn.
Okay, the next test is called the the
one leg stand test. Okay, once again,
just keep your feet together, arms down
on your side for me. When I tell you to
begin, what I want you to do is I want
you to raise the foot of your choice
approximately 6 in off the ground. Okay,
it'll look something like this. From
there, I want you to point your toe out
and begin counting. 1 1,00 2 100 3 100 4
100 until you tell you to stop counting.
If at any point in time you set your
foot down, just go ahead and pick it
back up and continue counting from when
you last left off. Okay, once again,
while you're performing the test, watch
the tip of your foot, count out loud for
me, and keep your arms down at your
side. Okay, hang on one second for me.
Okay,
do you understand the test?
>> Yellow.
Okay, whenever you're ready, go ahead
and begin.
1,000 13,000 14,000 15,000 16,000 17,000
18,000 19,000 100
1,000 22 100 3 100 4 100
6 100 700
800 900 31,000
>> Go ahead and stop.
Okay, next test is called the lack of
convergence test. Okay. When I what I
want you to do is kind of like the first
one. Okay. I want you to follow. Tip my
finger with your eyes and your eyes
only. Okay. When I begin, I'm going to
do a series of small circles around your
face. And at one point in time, I'm
going to come in towards the bridge of
your nose. Okay? At no point in time am
I going to touch your face, though.
Okay? Do you understand? So, once again,
I just need you to follow the tip of my
finger with your eyes and eyes only. Do
you understand?
>> Okay. I'm going to start now.
This will probably
be about the same either, right?
>> Okay. The next test is called the
Ronberg test. Okay. When I tell you to
begin, what I want you to do is I want
you to close your eyes, tilt your head
back, and begin estimating the passing
of 30 seconds. Okay. Okay. At no point
in time do I want you to count out loud.
I don't want you to tap your foot. I
don't want you to tap your leg. Anything
like that. Okay? I just want you to
estimate the passing of 30 seconds.
Okay? Do you understand the test?
>> Okay. So, whenever you're ready, go
ahead and begin.
Okay, go ahead and stop
>> once again.
>> I'm going to do it again a second time.
Have you do it a second time. Okay, once
I when I tell you to begin, I just want
you to close your eyes, begin estimating
the passing of 30 seconds. Okay? No t no
tapping your leg, nothing like that.
Okay? When you've completed, I just want
you to open your eyes and say done.
Okay? Can
>> I put my hood off and cover my ears?
>> Yeah. Go right ahead.
Do you understand the test?
>> Yep.
>> Okay. Whenever you're ready.
Okay. Everything that I'm seeing is
pointed to some kind of drug usage.
>> Okay. So, I'm going to ask again. When's
the last time you used?
>> I haven't used nothing.
>> Okay.
>> Cigarettes. I don't even drink.
>> Okay. So, you don't use drugs,
narcotics, anything like that?
>> No.
>> Okay. At this time, I am going to be
placing you under arrest, cooperating
while intoxicated. Turn around. Place
hand winder back for me.
>> 615.
Ren versus United States. Any traffic
violation justifies a stop. The officer
observed two violations providing clear
fourth amendment authority. Wisconsin
statute 346.63
subsection AM prohibits any detectable
amount of methamphetamine while driving.
Unlike alcohol at 08% methamphetamine
has zero tolerance. The 28 nanog
concentration clearly violates the
statute. City of Westbend versus
Wilkins. Field sobriety tests are
observational tools, not scientific
instruments. The subject stated, "I'm
not drunk or something before any
accusation. Unprompted denials indicate
consciousness of guilt." State versus
Lang. Probable cause requires totality
of circumstances, not odor or admission.
Traffic violations, unprompted denial,
and field test performance established
probable cause. When questioned about
the search, the officer properly
explains search incident to arrest
doctrine. Upon lawful arrest, officers
may search without a warrant. This is
automatic and requires no additional
justification. The officer receives an A
minus. Constitutional compliance was
excellent. Field sobriety tests followed
Nitsa protocols. Communication was
exceptional, patiently explaining search
authority when questioned. The officer
maintained professionalism throughout,
demonstrating community policing values.
Minor improvements include real-time
narration of field test clues and
enhanced drug recognition documentation.
The subject receives a C minus,
operating with 28 nanogs methamphetamine
endangered public safety. The vehicle
crossed into oncoming traffic, risking
head-on collision.
Just double locking them so they don't
get tighter on you. Okay.
Do you have anything in your pockets
that I need to know about? Any needles?
Anything? Any weapons, knives, anything
like that?
>> I think I have keys and some papers.
>> Some keys and papers.
>> But as far as I was told, you're not
supposed to really search me, but it's
not like I'm hiding anything.
Well, the reason I'm searching you is
because there's no female officers on
and I can't just take you into the jail
without searching you.
>> Well, I didn't know any of that
otherwise I don't get in trouble. But
>> Sure.
Do you want me to give those to your
passenger?
>> I can keep them. That's
>> Oh, yeah. That's fine. I didn't know if
they were a housekeeper.
>> Battery in this pocket.
>> What's that?
>> Phone battery in this pocket.
If
>> you want to go ahead and grab it out.
>> Okay. I'm just going to put all this
stuff up on your front pocket. Okay.
>> Okay. So, you don't fall out.
>> What's that? I'm sorry they don't fall
out.
>> I'll snap the button. How's that sound?
>> Sure.
>> Okay, we're going to walk right this
way.
Go ahead and watch your step.
Do I have to have these on in here too
or
>> what's that?
>> Do I have to have these on in here too?
>> The handcuffs.
>> Yeah,
>> correct. Yep.
>> Okay.
>> Following the arrest, the search of the
suspect's vehicle ultimately yielded
nothing of evidentiary value. The
suspect was then transported to the
Grant Regional Health Center and
subsequently agreed to providing an
evidentiary chemical test of her blood.
>> Heather, will you submit to an
evidential chemical test of your blood?
>> I can't hear you. What?
>> I got to do get out here.
>> I need a yes or a no.
>> Yes, I guess.
>> However, cooperation was exemplary.
Immediate compliance with orders, no
resistance during arrest, respectful
demeanor throughout. This demonstrates
character despite criminal conduct.
Strategic errors included unprompted
denial before accusation and
misunderstanding search incident to
arrest. Volunteering defensive
statements create suspicion rather than
dispelling it. Five lessons. First,
unprompted denials create suspicion.
Second, Wisconsin has zero tolerance for
methamphetamine. Third, field sobriety
tests are voluntary before arrest, but
refusal affects probable cause. Fourth,
search incident to arrest is automatic.
Fifth, cooperation demonstrates
character, but doesn't excuse criminal
conduct. Let us know if there is an
interaction or legal topic you would
like us to discuss in the comments
below. Thank you for watching and check
out our second channel, Street Body Cam,
for more content.