Case Study: Clallam County Public Library

1909 Words 8 Pages
On 7/16/2015, at 1933 hours, I was on duty, in uniform, and driving a marked police vehicle (0913). I was dispatched to the Clallam County Public Library (2210 S Peabody Street - which is in the city limits of Port Angeles, Clallam County, Washington State) on report of a male outside that was refusing to leave. The reporting party did not see the male consuming alcoholic beverage, but reported that he smelled as though he had consumed alcoholic beverage.

I arrived in the area at 1935 hours. The male had left the area in the blue "olds" with an elderly female the reporting party believed was his mother, and was driving westbound towards Orcas Ave., and turned right on Chase Street.

Off. Brusseau, Deputy Chief Smith, and I searched the area.
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Schon wanted to know what I would learn from his performing the tests. I told Schon that it would be more information for me to base my decisions on.

I instructed Schon to stand with his feet together and hands at his side while I performed the Horizontal Gaze Nystagmus test. Schon was swaying side to side and front to back as before and during the test. Schon failed the test. Schon 's eyes had equal tracking, equal pupils and did not exhibit resting nystagmus. both of Schon 's eyes did, however, exhibit lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and nystagmus prior to 45 degrees.

I asked Schon if he was under the care of a doctor. Schon told me he had IBS (Irritable Bowel Syndrome) and was taking various medications such as "HCT" and "Omeprizal"

I instructed (and demonstrated) Schon to stand with his left toe in line with, and touching his right heel, while I demonstrated and described how to perform the Walk And Turn test. Schon was not able to balance himself with his stand with his left toe touching his right
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I spoke to Judge Coogenour by phone to with the intent to obtain a telephonic search warrant for two gray top vials of Schon 's blood, which would be analyzed by a laboratory to determine Schon 's Blood Alcohol Content.

I began explaining the details of the incident to Judge Coogenour. Judge Coogenour confirmed that I did not see Schon actually operating the motor vehicle. Judge Coogenour told me that case law was very clear that I did not have a right to contact Schon as he sat in his vehicle without observing Schon operating the vehicle. Judge Coogenour called Dispatch 's information obtained from the reporting party "heresay."

I spoke to Sgt. Roggenbuck, who informed me that Brittany Neathery witnessed a male fitting Schon 's description (Neathery described the suspect to Sgt. Roggenbuck as having a medium build, dark hair, wearing shorts and an earring, and who looked to be in his "70 's")

Schon is about 5-8, weighs about 170 lbs, with dark brown hair. When I contacted Schon he was wearing blue shorts, had an earring in his left ear. Schon is 64 years

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