As an OhioHighway Patrolman, One of Your Main Duties Is

Essay

As an ohioHighway Patrolman, one of your main duties is tomake sure impaired drivers are taken off of the highways. Due tothe increase in traffic-related deaths caused by drunk driving over the past year, you and your fellow officers are asked towork overtime on St. Patrick's Day, one of the most notorious nights for drinking in the United States. While actively patrolling on Route 46 in Hubbard, ohio, you notice a car traveling at a high rate of speed on the wrong side of the road. You quickly turn on your lights and begin tofollow the car. After a half mile, the car finally stops and you radioin the license plate number, then proceed toapproach the vehicle. Upon viewing the operator of the car, you can immediately smell the alcohol on the suspect, and you see an empty bottle of what appears tobe vodka on the floor of the vehicle. You ask the driver if he has been drinking, and he indicates that he had. You ask him toremove the keys from the ignition and hand them toyou. You then take his driver's license and registration back toyour car torun the information and make sure the car was not stolen; you soon learn that it was stolen earlier that evening. Three minutes later when you return tothe car, the driver is completely passed out. Knowing that you have a suspect whonot only has committed a DUI but alsois possibly involved in a grand theft auto, you decide totake him intocustody, however the suspect is truly not coherent. Thus, as the arresting officer, when should you mirandize the individual? What should you dotoensure that the suspect does not walk due toa potential argument that his rights were never read tohim? Please explain your plan of action.