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MY'STORY

The MOVE Fire

This is a personal recollection on the Move fire on May 13, 1985 Philadelphia police fired thousands of rounds at the MOVE house, city officials approved dropping an explosive device on the roof, the resulting fire was allowed to burn, 11 people—including five children—died, and 61 homes were destroyed. Philadelphia City Council later called it a “brutal attack carried out by the City of Philadelphia on its own citizens” and acknowledged that no individual faced criminal consequences for the bombing. One timeline correction worth preserving for the BHP record: the major previous MOVE-police confrontation was August 8, 1978, about seven years before the bombing, not a year or two earlier. Officer James Ramp was killed, other police and firefighters were wounded, nine MOVE members were later convicted, and television cameras recorded police beating Delbert Africa during his arrest. The 1985 MOVE Commission later specifically criticized city planners for failing to adequately use lessons from that 1978 confrontation. And that actually strengthens the point you’re making: 1985 did not happen without precedent or institutional memory. There had already been a deadly confrontation with MOVE, years of conflict, negotiations and police involvement before Osage Avenue.

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BLACK FACTS
The Truths They Never Taught You...

Ruler of the Mali Empire in the 14th century

Mansa Musa was the ruler of the Mali Empire in West Africa. Details recorded here should be sourced; unknown information is left blank.

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BHP gathered finds from its connected research sources. Showing the 4 strongest Black History matches.
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Wikipedia

Drug Recognition Expert

A Drug Recognition Expert (DRE) is a law enforcement officer trained in an unproven method to identify people whose driving is impaired by drugs other than, or in addition to, alcohol. All DREs follow the same 12 step procedure called a Drug Influence Evaluation (DIE), to purportedly determine which category of drugs is causing the driver to be impaired.[1]

If a DRE determines that a driver was too impaired to operate a vehicle in a safe manner, they will look for indications of the drugs suspected, by the common perceivable effects the drugs have on the human body.[2] There are seven categories of classifications a DRE is looking for, including; central nervous system depressants, CNS stimulants, dissociative anesthetics, cannabis, hallucinogens, inhalants, and narcotic analgesics.[2]

DREs often testify in court, where the term "expert" has important legal implications. The Traffic Resource for Judges [3] describes different approaches taken by state courts in how DRE evidence is admitted.

Different jurisdictions take a variety of approaches to DRE testimony. Some jurisdictions hold DRE protocol and evidence to be scientific evidence; some do not. Some jurisdictions permit DRE testimony to be introduced as expert testimony (usually under Rule of Evidence 702 or the equivalent in that state), while some jurisdiction require DRE testimony to be introduced as non-expert opinion testimony. Some jurisdictions analyze DRE testimony through the lens of Daubert, while other jurisdictions use the Frye analysis.

The acronym 'DRE' has been used to refer not just to the DRE officers, but also to the examination they perform, the "Drug Recognition Examination", or "Drug Recognition Evaluation." The confluence of acronyms leads to confusion, and the IACP now calls the evaluation done by DRE officers the "Drug Influence Evaluation", DIE.

DREs were developed by police officers from the Los Angeles Police Department in the early 1970s. The officers' drug recognition methods were officially recognized by the LAPD management in 1979, and adopted by the National Highway Traffic Safety Administration in the early 1980s.

Certification is issued by the International Association of Chiefs of Police (IACP).[4] To remain certified and in good standing, DREs must track their evaluations and enter the results into an online database.

DRE training

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DRE training and certification standards are defined by the International Association of Chiefs of Police [5] Training is available only to "a person ... in the employ and under the direct control of [2] a public criminal justice agency involved in the enforcement of criminal or traffic safety laws[1] or an institution involved in providing training services to officers of law enforcement agencies.".[6] IACP standards require DREs training to be done using an official Student Manual. This manual.[7] is widely cited in court as defining standards for the performance of a Drug Influence Evaluation.

12-Step DRE process

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A DIE involves the following 12 steps[8]

  1. Breath Alcohol Test: The arresting officer reviews the subject's breath alcohol concentration (BrAC) test results and determines if the subject's apparent impairment is consistent with the subject's BrAC. If so, the officer will not normally call a DRE. If the impairment is not explained by the BrAC, the officer requests a DRE evaluation.
  2. Interview of the arresting officer
  3. Preliminary examination and first pulse
  4. Eye examinations
  5. Divided Attention Psychophysical Tests
  6. Vital signs and second pulse
  7. Dark room examinations
  8. Examination for muscle tone
  9. Check for injection sites and third pulse
  10. Subject's Statements and Other Observations
  11. Analysis and Opinions of the Evaluator
  12. Toxicological examination: After completing the evaluation, the DRE normally requests a urine, blood and/or saliva sample from the subject for a toxicology lab analysis.

Critique & Controversy

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Scientific validation

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Claims regarding the effectiveness of DREs have not been supported by research.[9] These claims are critical to the admission of DRE expert testimony in criminal trials.

The DRE Student Manual identifies three scientific studies as being those that validate DRE testing.[10] These studies are: Bigelow 1985 (a.k.a. the Johns Hopkins study);[11] Compton 1986 (a.k.a. the LAPD-173 study);[12] and Adler 1994 (a.k.a. the Arizona DRE Validation Study).[13] However, all three of these studies have been shown to have major methodological flaws.[9]

Admissibility

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In 2017, the Supreme Court of Canada held that "a DRE is a 'drug recognition expert', certified as such for the purposes of the 12 step evaluation. By reason of his training and experience, a DRE undoubtedly possesses expertise on determining drug impairment that is outside the experience and knowledge of the trier of fact. He is thus an expert for the purpose of applying the 12 step evaluation and determining whether that evaluation indicates drug impairment. His expertise has been conclusively and irrebuttably established by Parliament. Knowledge of the underlying science is not a precondition to the admissibility of a DRE’s opinion."[14]

This mirrors US case law where testimony of police officers regarding alcohol impairment is admitted in court without the need for the officer to be an expert in, or to testify to, the underlying sciences of the sobriety tests they are trained to administer.

Police Handing Out Drugs

[edit]

On May 2, 2012, activists with Occupy Minneapolis released a documentary video called MK Occupy Minnesota.[15] The video documents testimony from participants that police officers in Minneapolis gave them cannabis as part of a Drug Recognition Expert program.[16][17]

See also

[edit]

References

[edit]
  1. ^ a b Seiders, Gregory T. "Call in the Experts: The Drug Recognition Expert Protocol and Its Role In Effectively Prosecuting Drugged Drivers." Widener Law Journal 26.2 (2017): 229–275.
  2. ^ a b c Page, Thomas. "Drug Recognition Experts Combating Drugged Driving". 4 April 2017. Web. 16 July 2017.
  3. ^ "DRE Testimony". Archived from the original on 2019-12-15. Retrieved 2019-12-15.
  4. ^ "Shaping the future". www.theiacp.org. Retrieved 2019-07-30.
  5. ^ International Standards of the Drug Evaluation and Classification Program "Archived copy" (PDF). Archived from the original (PDF) on 2013-12-02. Retrieved 2013-11-15.{{cite web}}: CS1 maint: archived copy as title (link)
  6. ^ International Standards of the DECP §1.1
  7. ^ NHTSA: Drug Evaluation and classification training: the Drug Recognition Expert School. Washington, D.C.: National Traffic Highway Safety Administration;2010. DOT HS172A R01/10.
  8. ^ "12 Step Process – IACP DECP Multisite". www.decp.org. Archived from the original on 2018-08-26. Retrieved 2016-10-14.
  9. ^ a b Kane, Greg (2013). "The methodological quality of three foundational law enforcement drug influence evaluation validation studies". Journal of Negative Results in Biomedicine. 12 16. doi:10.1186/1477-5751-12-16. PMC 3828623. PMID 24188398.
  10. ^ NHTSA: Drug Evaluation and Classification Training: the Drug Recognition Expert School. Washington, D.C.: NHTSA 2010. DOT HS172A R01/10, Session III, page 4ff
  11. ^ Bigelow GE, et al. Identifying Types of Drug Intoxication: Laboratory Evaluation of the Subject Examination Procedure. Washington, D.C.: NHTSA 1985, DOT HS 806
  12. ^ Compton RP. Field Evaluation of the Los Angeles Police Department Drug Detection Program. Washington, D.C.: NHTSA1986. DOT HS 807 012;
  13. ^ Adler EV, Burns M: Drug Recognition Expert (DRE) Validation Study. Phoenix: Arizona Governor's Office of Highway Safety; 1994.
  14. ^ R. v. Bingley, [2017] 1 SCR 170, 2017 SCC 12 (CanLII), retrieved on 2018-05-28, xref. ¶ 33.
  15. ^ HongPong (May 2, 2012). "MK Occupy Minnesota: Drugs & the DRE Program at Peavey Plaza". YouTube.
  16. ^ Bailey, David (May 14, 2012). "Minnesota police accused of giving out pot to watch behavior". Chicago Tribune.
  17. ^ Roper, Eric; McKinney, Matt (May 10, 2012). "Trooper put on leave as probe of drug-training tactics widens". Star Tribune.
[edit]

Source: Wikipedia. Article content is retrieved live through the MediaWiki API.

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Wikipedia

Drug Recognition Expert

A Drug Recognition Expert (DRE) is a law enforcement officer trained in an unproven method to identify people whose driving is impaired by drugs other than, or in addition to, alcohol. All DREs follow the same 12 step procedure called a Drug Influence Evaluation (DIE), to purportedly determine which category of drugs is causing the driver to be impaired. If a DRE determines that a driver was too impaired to operate a vehicle in a safe manner, they will look for indications of the drugs suspected, by the common perceivable effects the drugs have on the human body. There are seven categories of classifications a DRE is looking for, including; central nervous system depressants, CNS stimulants, dissociative anesthetics, cannabis, hallucinogens, inhalants, and narcotic analgesics. DREs often testify in court, where the term "expert" has important legal implications. The Traffic Resource for Judges describes different approaches taken by state courts in how DRE evidence is admitted. Different jurisdictions take a variety of approaches to DRE testimony. Some jurisdictions hold DRE protocol and evidence to be scientific evidence; some do not. Some jurisdictions permit DRE testimony to be introduced as expert testimony (usually under Rule of Evidence 702 or the equivalent in that state), while some jurisdiction require DRE testimony to be introduced as non-expert opinion testimony. Some jurisdictions analyze DRE testimony through the lens of Daubert, while other jurisdictions use the Frye analysis. The acronym 'DRE' has been used to refer not just to the DRE officers, but also to the examination they perform, the "Drug Recognition Examination", or "Drug Recognition Evaluation." The confluence of acronyms leads to confusion, and the IACP now calls the evaluation done by DRE officers the "Drug Influence Evaluation", DIE. DREs were developed by police officers from the Los Angeles Police Department in the early 1970s. The officers' drug recognition methods were officially recognized by the LAPD management in 1979, and adopted by the National Highway Traffic Safety Administration in the early 1980s. Certification is issued by the International Association of Chiefs of Police (IACP). To remain certified and in good standing, DREs must track their evaluations and enter the results into an online database.

MORE →
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Wikipedia

Daubert standard

In United States federal law, the Daubert standard ( DAW-bərt) is a rule of evidence regarding the admissibility of expert witness testimony. A party may raise a Daubert motion, a special motion in limine raised before or during trial, to exclude the presentation of unqualified evidence to the jury. The Daubert trilogy are the three United States Supreme Court cases that articulated the Daubert standard: Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993), which held that Rule 702 of the Federal Rules of Evidence did not incorporate the Frye standard as a basis for assessing the admissibility of scientific expert testimony, but that the rule incorporated a flexible reliability standard instead; General Electric Co. v. Joiner (1997), which held that a district court judge may exclude expert testimony when there are gaps between the evidence relied on by an expert and that person's conclusion, and that an abuse-of-discretion standard of review is the proper standard for appellate courts to use in reviewing a trial court's decision of whether it should admit expert testimony; Kumho Tire Co. v. Carmichael (1999), which held that the judge's gatekeeping function identified in Daubert applies to all expert testimony, including that which is non-scientific. Important appellate-level opinions that clarify the standard include Judge Alex Kozinski's opinion in Daubert on remand, and Judge Edward Becker's opinion.

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Wikipedia

Daubert v. Merrell Dow Pharmaceuticals, Inc.

Daubert v. Merrell Dow Pharmaceuticals, Inc. ( DAW-bərt), 509 U.S. 579 (1993), is a United States Supreme Court case determining the standard for admitting expert testimony in federal courts. In Daubert, the Court held that the enactment of the Federal Rules of Evidence implicitly overturned the Frye standard; the standard that the Court articulated is referred to as the Daubert standard.

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Wikipedia

Analysis Group

Analysis Group, Inc. (AG), founded in 1981 by economists Bruce E. Stangle and Michael F. Koehn, is an economic consulting firm with offices in the United States, Canada, and other international locations. It provides economic, financial, and strategic analysis and expert testimony to law firms, corporations, and government agencies.

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TOPIC OF THE DAY

Greenwood / Black Wall Street

Before the 1921 destruction of Tulsa’s Greenwood District, Black residents had created a remarkable center of business and community life. The district included stores, professional offices, entertainment venues and homes owned by Black citizens. Understanding Greenwood means learning what was built—not only what was burned.

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TRIVIA QUESTION OF THE DAY

Who became the first Black woman to travel into space?

Mae Jemison, aboard Space Shuttle Endeavour in 1992.