Episode Transcript
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Speaker 1 (00:01):
US nine first one to forecasts. Cloudy day for the
most port, isolated showers in a high of eighty one,
a few clouds over night, sixty seven for the low
eighty eight to high Tomorrow, partly cloudy with isolated afternoon showers,
seventy overnight with a few clouds. Partly sunny on Friday,
though there is a slight chance of showers and storms.
Eighty six for the high seventy four. Right now, time
for traffic.
Speaker 2 (00:22):
From the UCL Traffic Center. Nearly sixty percent of Americans
waiting on an organ transplant from multicultural communities give the
gift of life. Sign up today to be an organ
donor clean slate on the highways at the moment, no
time to lay, used to deal with in the damn
Town northbound fourth seventy one, that's still okay, into the barrels,
Dear Memorial inbound seventy four problem free pass Montana, Chuck
(00:45):
INGRAMM fifty five KRZ the talk station.
Speaker 1 (00:55):
Six point thirty f fifty five KRC the talk station. Well,
I'd say happy Wednesday, but I don't feel like saying
happy Wednesday. I woke all actually yesterday I got a
text message from my little bird friend Westside Jim Keefer,
the FOP, the Fraternal Order Police Chapter sixty nine represented
the SINCINNTI Police Department have endorsed Greg Landsman and Denise Treehouse.
(01:16):
Made my jaw drop open. I'm gonna go and there's
no way I'm being lied to. FOP President Ken Kobra,
Welcome to the Morning show and a very happy Wednesday
to you. What in the wide wide world of sports
is it going on here, my friend?
Speaker 3 (01:29):
Good morning, Brian. Yes, it's been an interested in twenty
four hours to say the least. So when they do
these endorsements, yeah, this committee has made up of a
diverse group of people from active retired officers, different political feelings.
Their job and what they're charged with is to decide
(01:51):
who to endorse based off of what best furthers the
mission of the FOP, not necessarily their personal feelings, but
what have these candidates, what have they done for the
FOP or what have they said that they're willing to do?
And Greg Landsman's case, we all know you during twenty twenty,
(02:14):
he certainly came out and was no front of the
police right since he's been elected, Since he's been elected,
he has brought back, most recently one point seven million
dollars to upgrade the camera system for Cincinnati for the
downtown area. Greg Lansman signed on to every bill that
(02:37):
the FOP has asked him to in a national platform.
Speaker 1 (02:42):
Is that federal dollars that you're referring to? Yes, okay, okay,
So he had to bring federal dollars in to fix
a problem the city of Cincinnati is responsible for, and
that's maintaining its own stuff and things. Am I right
on that particular point?
Speaker 3 (02:55):
Yeah?
Speaker 1 (02:56):
Okay, okay, be correct. Okay, So I my tax dollars
paid for the money that he brought back because we
are neglecting the store here in the city. Correct, Okay,
go ahead, I'm sorry. I just want to make sure
all was clear.
Speaker 3 (03:10):
On that, right. So, and this is what I encourage
everybody to do. And I was at a meeting last
night this was brought up, and I said the same thing.
When we do these endorsements, they said, these endorsements are
who we believe best works with the FOP, not necessarily
us personally. What I encourage everybody to do, anyway, is
(03:33):
completely vet these candidates, you know, just because they have
an FOP endorsement. They may not be the candidate for you.
They may not be the candidate for some FOP members,
and that's fine. The problem that we have in this
country is that people are not fully vetting the candidates
that they're voting for, whether it's their party line voting,
(03:55):
or they're just saying, look, the FOP endorses them, I'm
going to vote for them, or you know, the IFF
or the fl c IO, I'm just going to vote
for him because that's who they're endorsed by.
Speaker 1 (04:04):
Yeah, the presumption is everybody the presumption I think, yes, Cannon,
I'm sorry interrupt, but that the endorsements suggest that the
candidate that received the endorsement is tough or strong on
law enforcement and tough on crime. It's the job of
the police department to arrest bad people, lock him up,
and let the prosecutor do her job here in the
Hamilton County. And that's why I at some point we
(04:25):
need to pivot over to why in the hell do
they endorse dree House over Hamilt County. Melissa prosecuted Melissa Powers,
who is very tough on crime.
Speaker 3 (04:34):
Then Melissa Powers was endorsed.
Speaker 1 (04:39):
You did endorse Melissa powers.
Speaker 3 (04:41):
Absolutely.
Speaker 1 (04:41):
Okay, great, great, Okay, I'm sorry I misspoke, but an
East Tree House Camp County commissioner, right right.
Speaker 3 (04:50):
I'll be honest with you, and I'm not on this committee,
even though obviously being the president. But that one, I
have no idea that was out of the head.
Speaker 1 (05:01):
You can't point to you can't point to a paycheck
or a money that got infused into the sins Anty
Police apartment through Denise street House. So you just it's
a mystery endorsement. Appreciate your candor.
Speaker 3 (05:11):
On that one. Yeah, that one, that one to me,
Like I said, I I have I don't know why
she was endorsed. I knew, I do know she was
the only county commissioner that showed up for the endorsement process.
But as far as why she was endorsed, that's something
I haven't I haven't talked to the committee about why.
But you know, getting back to real quick, the law
(05:31):
and order people. You look at all of the people
that were h endorsed for judges, those are all people
that you're absolutely right, are tough on law. They're tough
on crime, law and order, which is exactly what we
look for in judges when we endorse them. When we
look at politicians, it's more about what is the mission
of the FOP as far as collective bargaining, you know,
(05:55):
bills that they've signed off on, you know previously, things
like that for incumbents.
Speaker 2 (05:59):
But I I get it.
Speaker 3 (06:00):
I mean, it's said, it's been a rough twenty four hours.
A lot of people are very passionate about politics, which
is fantastic. But what I encourages everybody to be actually
informed about what's going on with politics.
Speaker 1 (06:14):
God, I wish more people were informed. That's like a
dream of mine. Can that people paid attention to politics,
what they're what they're elected officials stood for, what they're
doing for us, you know, or not at real time.
You know, weed dwellers like me who just spend their
time in immersed in politics all the time. I think
of more people immerse themselves in politics in a regular basis,
we'd all have much better elected officials. Sadly, we don't
(06:36):
live in that world.
Speaker 3 (06:38):
Oh you're you're absolutely right. I wish I wish the same.
That's why I encourage everybody listen, please please fully vet
all of these people and make sure that they are
the best candidate for you. They're the ones that are
gonna best. They're gonna make your life the best. And
you know, whatever part of the city or county you
live in.
Speaker 1 (06:58):
Jeez, can what can I hold you over and ask
you about this? I saw you got interviewed by Channel
nineteen regarding testing for marijuana with a new detection tool. Yeah, great,
because weed is now legal in the state of Ohio.
I'm kind of get your reaction to that, what issues
you might be facing along those lines since we've had
medical in the state now for some time. But the
detection tool is what I'm really worried about, are concerned
(07:19):
about given the current status of Ohio law, which sucks
in terms of whether you're not you're really truly impaired
or not. But hold on more with FLP President Kan
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fifty five KRC dot com Fine and coming up at
from the top of the ORO News the return of
Brianna Morello would be Brionna Morello podcast. Who in the
hell is Tim Watas? In the meantime, I know who
came Cober is the president of the FOP Chapter sixty
nine represent the Sinnt Police Department, And they just came
out with their endorsements, and real quick here before we
pivot over to the marijuana testing, why no sheriff endorsement?
Speaker 3 (09:13):
So the bottom line is, if that committee does not
reach a fifty one percent threshold, then they don't endorse anybody.
I know that there was a lot of discussion that
was had about who they wanted to endorse and whether
they were going to endorse anybody. In the bottom line
is they couldn't come to an agreement, so we endorse nobody.
Speaker 1 (09:37):
I find that a little troubling in and of itself. Anyhow,
I can see politically speaking, if you don't endorse the
current sheriff and the current sheriff remains in office, that
it might rub people the wrong way, and it might
hurt the relationship between the sincint Police Department and the
Hamilt County Sheriff's Department. I'd like to think cooler heads
would prevail in the name of protecting the community. But
(09:58):
we'll just let that one lie there again and your
answer on that one, Ken, hate to put you in
a corner, but that's the reality of where we stand
right now. Moving over to marijuana. It's legal in Ohio.
Standing around the corner waiting to buy it, Ken, I
guess everybody's really happy about legalized weed. But you can't
get high and drive. But detecting people who are high
behind the wheel is a lot more difficult than it
is for people who are drunk. You got a breathalyzer.
(10:20):
It tests the actual alcohol volume. And to my litigation
friends out there who do defenses of OBI, I know
all the problems associated with the breathalyzer test. Don't get
me going, but it does provide in most cases an
accurate level of alcohol. Under Ohio law, if you are
over point zero eight percent, you are considered legally drunk.
(10:40):
Whether or not you can walk a straight line or not,
you're considered impaired. What about weed, it's virtually impossible to
detect for weed unless you're staggering all over the place
with the sort of a field sobriety test. But that
doesn't always work, does it.
Speaker 3 (10:55):
No, it certainly doesn't. You With the two testing that
they have, you know, it becomes a lot less intrusive.
You know, if you have somebody that you believes under
the influence of you know, whether it's a recreational drug
or a prescription drug, you really only have two options
to determine whether or not they're impaired under what the
(11:15):
state law says as a per se level, and the
only way to do that is take them to the
hospital and get their blood or ask them to pie
in a cup, you know. So what the state representatives
they're trying to do is give us a third option,
which is basically a mouth swab that then they can
send off to a lab and within twenty four hours
(11:36):
they'll have the results. And it's not just the results
of the metabolite. Under this testing system that's used I
think in twenty four states currently Michigan being the closest
one to us, this will actually give you the amount
of the parent gene of what is in that person's
system at.
Speaker 1 (11:56):
That time the actual THHC level.
Speaker 3 (12:00):
Yes, so they do it tests for other drugs, not
just marijuana.
Speaker 1 (12:04):
Okay, Now during that twenty four hour period, because one
of my listeners asked, well, what do they do they
take your car away from you? Well, I mean, are
you what's the status while that test that you're waiting
around for it to come back. What does the police
officer do with the person whose mouth they swabbed.
Speaker 3 (12:20):
Well, in order to be able to test somebody for
you know, whether it's whether it's a urine test, a
breath test, a blood test, they have to already be
under arrest. So under under the law for ov I,
there is an A one A section which is the
officers observations and their experience and their training says that
(12:41):
you are too impaired to be driving, so you're already
going to be arrested. And then what the test does
is it confirms what the officers suspicions are now having done.
Ov i's a long long time ago. In my career,
we have had instances, and I've had them myself where
you'll have someone who is not a quote unquote experienced
(13:04):
drinker who could be falling down drunk throwing up all
over themselves trying to drive a car and do field tests.
They can't stand straight, they can't walk straight, and then
you go in and you test them and they're under
the legal limits. That. Yeah, does that mean that they're
not impaired to be driving, Well, absolutely not. All it
(13:25):
says is they're under the per se level. And you,
I mean, officers routinely get convictions still without them being
over what the per se level is.
Speaker 1 (13:33):
Right, And unfortunately, now all this is documented on video.
You've got video camera evidence confirming what the officers observe.
I'm comfortable with that, but it's essentially a probable cause level.
There has to be some evidence of impairment before they
can haul you in and get you a blood test
or urine test or alternatively in this case, there has
to be probable cause that they can even swab you
(13:55):
or get a urine test from you. Right, you have
to demonstrably be demonstrably impaired.
Speaker 3 (14:01):
Sure. Yeah, it's not like you just swab them and go, hey,
we'll call.
Speaker 1 (14:04):
You in exactly, okay, And I think that's a legitimate
concern among the members of the community, like, well, what
are they You're just gonna around swabbing everybody they pull over. No,
you have been pulled over for an offence weaving or
a wreck or whatever the case may be. That's the
predicate to determine whether you're impaired. And then if you
are determined to be impaired on the scene based upon observations,
(14:24):
then the follow up takes place. I appreciate that absolutely well.
You know the state of Ohian, you probably know all
about this ken having done it so often. Currently they
do a blood test for this. But if you smoked
a joint two weeks ago, or sometimes even a month ago,
the broken down version of THHG that is in your body,
it shows that you've smoked weed, but it does not
(14:46):
mean you are impaired. Nonetheless, in the law in the
state of Ohio, the law says you can still be
convicted of OBI just because it's floating around in your body.
I mean, I just find that to be absolutely outrageous.
Speaker 3 (15:00):
Now, I completely agree with you. They're gonna have to
find out a way that they can test for at
that moment, YO, are they impaired? Because you're absolutely right,
you know, you could have somebody who clearly is not
impaired that under the per se level currently would be
considered impaired under the law, and that to me, you're
absolutely right. Is it's absurd that that's where we're at. However,
(15:23):
you also have to factor in, you know, if a
policeman stops you and you smoked a joint two weeks ago,
if you're not showing any signs of impairment, the likelihood
of an officer getting you out of the car and going, hey,
I need you to pee in this cup because I
think you smoke weed two weeks ago.
Speaker 2 (15:37):
It's just not.
Speaker 1 (15:38):
Gonna happen, Okay, but it.
Speaker 3 (15:40):
Could, But you're absolutely right, it could.
Speaker 1 (15:43):
Well it could. Let's just say you are an idiot
who goes around smoking weed in your car all the time.
Your car has an odor inherent to the the regular
smoking of weed in the car, but you're not impaired.
If the office sticks his head in your window, he's
gonna smell weed in there. That would provide a foundation
to do the swab, wouldn't it.
Speaker 3 (16:05):
If they if they've developed probabill cause to be able
to rescue for ov I, they could do to swap. Now,
this is one the one time where I'll tell you
that it could come up without even showing a sign
of impairment. Would be routinely with serious and fatal crashes,
are trafficking, it comes out because someone's been killed in
an action, right, or they're critically injured. It's not uncommon
(16:27):
for them to ask for voluntary samples. Yo. So you
could be in your in you know, thinking you know,
I'm I'm the victim of this crash, or I'm not
at fault for this. You know I have nothing to hide. Yeah,
I'm gonna give a voluntary sample because I know I
didn't do anything wrong, right, And then all of a
sudden they realize, ooh, I smoked weed a couple of
weeks ago. So that's where this could potentially come into.
Speaker 1 (16:50):
Play, right, which I think probably your ov I lawyers
who specialize in this, would recommend you not voluntarily do
that if you have smoke weed in the at least
somewhat recent past, probably not a good idea. I tell
you what, Ken, it has been great having you on
the show today, answering these questions and uh well satisfying
(17:11):
our curiosity. Anyway. I appreciate your willingness to do so
on short notice, and I thank you for all that
you do. And we all, in spite of maybe one
of the one or two of the endorsements, we all
truly fully support the Cincinnati to the Police Department and
law enforcement here on the fifty five Cares in the morning show.
So God bless you, my friend. Keep up the good
work and best of health.
Speaker 3 (17:29):
All right, thanks Brian, thanks for having me.
Speaker 1 (17:31):
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the talk station. There are things in life we can't control,
(19:18):
but a sound
US nine first one to forecasts. Cloudy day for the
most port, isolated showers in a high of eighty one,
a few clouds over night, sixty seven for the low
eighty eight to high Tomorrow, partly cloudy with isolated afternoon showers,
seventy overnight with a few clouds. Partly sunny on Friday,
though there is a slight chance of showers and storms.
Eighty six for the high seventy four. Right now, time
for traffic.
Speaker 2 (00:22):
From the UCL Traffic Center. Nearly sixty percent of Americans
waiting on an organ transplant from multicultural communities give the
gift of life. Sign up today to be an organ
donor clean slate on the highways at the moment, no
time to lay, used to deal with in the damn
Town northbound fourth seventy one, that's still okay, into the barrels,
Dear Memorial inbound seventy four problem free pass Montana, Chuck
(00:45):
INGRAMM fifty five KRZ the talk station.
Speaker 1 (00:55):
Six point thirty f fifty five KRC the talk station. Well,
I'd say happy Wednesday, but I don't feel like saying
happy Wednesday. I woke all actually yesterday I got a
text message from my little bird friend Westside Jim Keefer,
the FOP, the Fraternal Order Police Chapter sixty nine represented
the SINCINNTI Police Department have endorsed Greg Landsman and Denise Treehouse.
(01:16):
Made my jaw drop open. I'm gonna go and there's
no way I'm being lied to. FOP President Ken Kobra,
Welcome to the Morning show and a very happy Wednesday
to you. What in the wide wide world of sports
is it going on here, my friend?
Speaker 3 (01:29):
Good morning, Brian. Yes, it's been an interested in twenty
four hours to say the least. So when they do
these endorsements, yeah, this committee has made up of a
diverse group of people from active retired officers, different political feelings.
Their job and what they're charged with is to decide
(01:51):
who to endorse based off of what best furthers the
mission of the FOP, not necessarily their personal feelings, but
what have these candidates, what have they done for the
FOP or what have they said that they're willing to do?
And Greg Landsman's case, we all know you during twenty twenty,
(02:14):
he certainly came out and was no front of the
police right since he's been elected, Since he's been elected,
he has brought back, most recently one point seven million
dollars to upgrade the camera system for Cincinnati for the
downtown area. Greg Lansman signed on to every bill that
(02:37):
the FOP has asked him to in a national platform.
Speaker 1 (02:42):
Is that federal dollars that you're referring to? Yes, okay, okay,
So he had to bring federal dollars in to fix
a problem the city of Cincinnati is responsible for, and
that's maintaining its own stuff and things. Am I right
on that particular point?
Speaker 3 (02:55):
Yeah?
Speaker 1 (02:56):
Okay, okay, be correct. Okay, So I my tax dollars
paid for the money that he brought back because we
are neglecting the store here in the city. Correct, Okay,
go ahead, I'm sorry. I just want to make sure
all was clear.
Speaker 3 (03:10):
On that, right. So, and this is what I encourage
everybody to do. And I was at a meeting last
night this was brought up, and I said the same thing.
When we do these endorsements, they said, these endorsements are
who we believe best works with the FOP, not necessarily
us personally. What I encourage everybody to do, anyway, is
(03:33):
completely vet these candidates, you know, just because they have
an FOP endorsement. They may not be the candidate for you.
They may not be the candidate for some FOP members,
and that's fine. The problem that we have in this
country is that people are not fully vetting the candidates
that they're voting for, whether it's their party line voting,
(03:55):
or they're just saying, look, the FOP endorses them, I'm
going to vote for them, or you know, the IFF
or the fl c IO, I'm just going to vote
for him because that's who they're endorsed by.
Speaker 1 (04:04):
Yeah, the presumption is everybody the presumption I think, yes, Cannon,
I'm sorry interrupt, but that the endorsements suggest that the
candidate that received the endorsement is tough or strong on
law enforcement and tough on crime. It's the job of
the police department to arrest bad people, lock him up,
and let the prosecutor do her job here in the
Hamilton County. And that's why I at some point we
(04:25):
need to pivot over to why in the hell do
they endorse dree House over Hamilt County. Melissa prosecuted Melissa Powers,
who is very tough on crime.
Speaker 3 (04:34):
Then Melissa Powers was endorsed.
Speaker 1 (04:39):
You did endorse Melissa powers.
Speaker 3 (04:41):
Absolutely.
Speaker 1 (04:41):
Okay, great, great, Okay, I'm sorry I misspoke, but an
East Tree House Camp County commissioner, right right.
Speaker 3 (04:50):
I'll be honest with you, and I'm not on this committee,
even though obviously being the president. But that one, I
have no idea that was out of the head.
Speaker 1 (05:01):
You can't point to you can't point to a paycheck
or a money that got infused into the sins Anty
Police apartment through Denise street House. So you just it's
a mystery endorsement. Appreciate your candor.
Speaker 3 (05:11):
On that one. Yeah, that one, that one to me,
Like I said, I I have I don't know why
she was endorsed. I knew, I do know she was
the only county commissioner that showed up for the endorsement process.
But as far as why she was endorsed, that's something
I haven't I haven't talked to the committee about why.
But you know, getting back to real quick, the law
(05:31):
and order people. You look at all of the people
that were h endorsed for judges, those are all people
that you're absolutely right, are tough on law. They're tough
on crime, law and order, which is exactly what we
look for in judges when we endorse them. When we
look at politicians, it's more about what is the mission
of the FOP as far as collective bargaining, you know,
(05:55):
bills that they've signed off on, you know previously, things
like that for incumbents.
Speaker 2 (05:59):
But I I get it.
Speaker 3 (06:00):
I mean, it's said, it's been a rough twenty four hours.
A lot of people are very passionate about politics, which
is fantastic. But what I encourages everybody to be actually
informed about what's going on with politics.
Speaker 1 (06:14):
God, I wish more people were informed. That's like a
dream of mine. Can that people paid attention to politics,
what they're what they're elected officials stood for, what they're
doing for us, you know, or not at real time.
You know, weed dwellers like me who just spend their
time in immersed in politics all the time. I think
of more people immerse themselves in politics in a regular basis,
we'd all have much better elected officials. Sadly, we don't
(06:36):
live in that world.
Speaker 3 (06:38):
Oh you're you're absolutely right. I wish I wish the same.
That's why I encourage everybody listen, please please fully vet
all of these people and make sure that they are
the best candidate for you. They're the ones that are
gonna best. They're gonna make your life the best. And
you know, whatever part of the city or county you
live in.
Speaker 1 (06:58):
Jeez, can what can I hold you over and ask
you about this? I saw you got interviewed by Channel
nineteen regarding testing for marijuana with a new detection tool. Yeah, great,
because weed is now legal in the state of Ohio.
I'm kind of get your reaction to that, what issues
you might be facing along those lines since we've had
medical in the state now for some time. But the
detection tool is what I'm really worried about, are concerned
(07:19):
about given the current status of Ohio law, which sucks
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or not. But hold on more with FLP President Kan
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fifty five KRC dot com Fine and coming up at
from the top of the ORO News the return of
Brianna Morello would be Brionna Morello podcast. Who in the
hell is Tim Watas? In the meantime, I know who
came Cober is the president of the FOP Chapter sixty
nine represent the Sinnt Police Department, And they just came
out with their endorsements, and real quick here before we
pivot over to the marijuana testing, why no sheriff endorsement?
Speaker 3 (09:13):
So the bottom line is, if that committee does not
reach a fifty one percent threshold, then they don't endorse anybody.
I know that there was a lot of discussion that
was had about who they wanted to endorse and whether
they were going to endorse anybody. In the bottom line
is they couldn't come to an agreement, so we endorse nobody.
Speaker 1 (09:37):
I find that a little troubling in and of itself. Anyhow,
I can see politically speaking, if you don't endorse the
current sheriff and the current sheriff remains in office, that
it might rub people the wrong way, and it might
hurt the relationship between the sincint Police Department and the
Hamilt County Sheriff's Department. I'd like to think cooler heads
would prevail in the name of protecting the community. But
(09:58):
we'll just let that one lie there again and your
answer on that one, Ken, hate to put you in
a corner, but that's the reality of where we stand
right now. Moving over to marijuana. It's legal in Ohio.
Standing around the corner waiting to buy it, Ken, I
guess everybody's really happy about legalized weed. But you can't
get high and drive. But detecting people who are high
behind the wheel is a lot more difficult than it
is for people who are drunk. You got a breathalyzer.
(10:20):
It tests the actual alcohol volume. And to my litigation
friends out there who do defenses of OBI, I know
all the problems associated with the breathalyzer test. Don't get
me going, but it does provide in most cases an
accurate level of alcohol. Under Ohio law, if you are
over point zero eight percent, you are considered legally drunk.
(10:40):
Whether or not you can walk a straight line or not,
you're considered impaired. What about weed, it's virtually impossible to
detect for weed unless you're staggering all over the place
with the sort of a field sobriety test. But that
doesn't always work, does it.
Speaker 3 (10:55):
No, it certainly doesn't. You With the two testing that
they have, you know, it becomes a lot less intrusive.
You know, if you have somebody that you believes under
the influence of you know, whether it's a recreational drug
or a prescription drug, you really only have two options
to determine whether or not they're impaired under what the
(11:15):
state law says as a per se level, and the
only way to do that is take them to the
hospital and get their blood or ask them to pie
in a cup, you know. So what the state representatives
they're trying to do is give us a third option,
which is basically a mouth swab that then they can
send off to a lab and within twenty four hours
(11:36):
they'll have the results. And it's not just the results
of the metabolite. Under this testing system that's used I
think in twenty four states currently Michigan being the closest
one to us, this will actually give you the amount
of the parent gene of what is in that person's
system at.
Speaker 1 (11:56):
That time the actual THHC level.
Speaker 3 (12:00):
Yes, so they do it tests for other drugs, not
just marijuana.
Speaker 1 (12:04):
Okay, Now during that twenty four hour period, because one
of my listeners asked, well, what do they do they
take your car away from you? Well, I mean, are
you what's the status while that test that you're waiting
around for it to come back. What does the police
officer do with the person whose mouth they swabbed.
Speaker 3 (12:20):
Well, in order to be able to test somebody for
you know, whether it's whether it's a urine test, a
breath test, a blood test, they have to already be
under arrest. So under under the law for ov I,
there is an A one A section which is the
officers observations and their experience and their training says that
(12:41):
you are too impaired to be driving, so you're already
going to be arrested. And then what the test does
is it confirms what the officers suspicions are now having done.
Ov i's a long long time ago. In my career,
we have had instances, and I've had them myself where
you'll have someone who is not a quote unquote experienced
(13:04):
drinker who could be falling down drunk throwing up all
over themselves trying to drive a car and do field tests.
They can't stand straight, they can't walk straight, and then
you go in and you test them and they're under
the legal limits. That. Yeah, does that mean that they're
not impaired to be driving, Well, absolutely not. All it
(13:25):
says is they're under the per se level. And you,
I mean, officers routinely get convictions still without them being
over what the per se level is.
Speaker 1 (13:33):
Right, And unfortunately, now all this is documented on video.
You've got video camera evidence confirming what the officers observe.
I'm comfortable with that, but it's essentially a probable cause level.
There has to be some evidence of impairment before they
can haul you in and get you a blood test
or urine test or alternatively in this case, there has
to be probable cause that they can even swab you
(13:55):
or get a urine test from you. Right, you have
to demonstrably be demonstrably impaired.
Speaker 3 (14:01):
Sure. Yeah, it's not like you just swab them and go, hey,
we'll call.
Speaker 1 (14:04):
You in exactly, okay, And I think that's a legitimate
concern among the members of the community, like, well, what
are they You're just gonna around swabbing everybody they pull over. No,
you have been pulled over for an offence weaving or
a wreck or whatever the case may be. That's the
predicate to determine whether you're impaired. And then if you
are determined to be impaired on the scene based upon observations,
(14:24):
then the follow up takes place. I appreciate that absolutely well.
You know the state of Ohian, you probably know all
about this ken having done it so often. Currently they
do a blood test for this. But if you smoked
a joint two weeks ago, or sometimes even a month ago,
the broken down version of THHG that is in your body,
it shows that you've smoked weed, but it does not
(14:46):
mean you are impaired. Nonetheless, in the law in the
state of Ohio, the law says you can still be
convicted of OBI just because it's floating around in your body.
I mean, I just find that to be absolutely outrageous.
Speaker 3 (15:00):
Now, I completely agree with you. They're gonna have to
find out a way that they can test for at
that moment, YO, are they impaired? Because you're absolutely right,
you know, you could have somebody who clearly is not
impaired that under the per se level currently would be
considered impaired under the law, and that to me, you're
absolutely right. Is it's absurd that that's where we're at. However,
(15:23):
you also have to factor in, you know, if a
policeman stops you and you smoked a joint two weeks ago,
if you're not showing any signs of impairment, the likelihood
of an officer getting you out of the car and going, hey,
I need you to pee in this cup because I
think you smoke weed two weeks ago.
Speaker 2 (15:37):
It's just not.
Speaker 1 (15:38):
Gonna happen, Okay, but it.
Speaker 3 (15:40):
Could, But you're absolutely right, it could.
Speaker 1 (15:43):
Well it could. Let's just say you are an idiot
who goes around smoking weed in your car all the time.
Your car has an odor inherent to the the regular
smoking of weed in the car, but you're not impaired.
If the office sticks his head in your window, he's
gonna smell weed in there. That would provide a foundation
to do the swab, wouldn't it.
Speaker 3 (16:05):
If they if they've developed probabill cause to be able
to rescue for ov I, they could do to swap. Now,
this is one the one time where I'll tell you
that it could come up without even showing a sign
of impairment. Would be routinely with serious and fatal crashes,
are trafficking, it comes out because someone's been killed in
an action, right, or they're critically injured. It's not uncommon
(16:27):
for them to ask for voluntary samples. Yo. So you
could be in your in you know, thinking you know,
I'm I'm the victim of this crash, or I'm not
at fault for this. You know I have nothing to hide. Yeah,
I'm gonna give a voluntary sample because I know I
didn't do anything wrong, right, And then all of a
sudden they realize, ooh, I smoked weed a couple of
weeks ago. So that's where this could potentially come into.
Speaker 1 (16:50):
Play, right, which I think probably your ov I lawyers
who specialize in this, would recommend you not voluntarily do
that if you have smoke weed in the at least
somewhat recent past, probably not a good idea. I tell
you what, Ken, it has been great having you on
the show today, answering these questions and uh well satisfying
(17:11):
our curiosity. Anyway. I appreciate your willingness to do so
on short notice, and I thank you for all that
you do. And we all, in spite of maybe one
of the one or two of the endorsements, we all
truly fully support the Cincinnati to the Police Department and
law enforcement here on the fifty five Cares in the morning show.
So God bless you, my friend. Keep up the good
work and best of health.
Speaker 3 (17:29):
All right, thanks Brian, thanks for having me.
Speaker 1 (17:31):
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(19:18):
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