Law Enforcement Caselaw and Statutes: Overview of Detection, Note Taking, and Testimony DWI Detection and Standardized Field Sobriety Testing • Recognize and interpret DWI evidence

Session 4 - Overview of Detection, Note Taking, and Testimony

DWI Detection and Standardized Field Sobriety Testing

• Recognize and interpret DWI evidence

• Describe the evidence clearly and

convincingly

Officer Must Be Able To

4-20

B. DWI Investigation Field Notes

One of the most critical tasks in the DWI enforcement process is the recognition and

retention of facts and clues that establish reasonable suspicion to stop, investigate and

subsequently arrest persons suspected of DWI. The evidence gathered during the

detection process must establish the elements of the violation, and must be completely

documented to support successful prosecution of the defendant. This evidence is

largely sensory (sight, smell, hearing) in nature, and therefore is extremely short lived.

You must be able to recognize and act on the facts and circumstances with which you

are confronted. But you also must completely document your observations and

describe them clearly and convincingly to secure a conviction. You may be inundated

with evidence of DWI, i.e., sights, sounds, smells. You recognize this evidence,

sometimes subconsciously, and on this evidence base your decisions to stop, to

investigate and ultimately to arrest.

Since evidence of a DWI violation is short lived, you need a system and tools for

recording field notes at scenes of DWI investigations.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 14 of 21

Session 4 - Overview of Detection, Note Taking, and Testimony

DWI Detection and Standardized Field Sobriety Testing

Observations -

Short-Lived Evidence

DWI

Investigation

Field Note

Form

4-21

One way to improve the effectiveness of your handwritten field notes is to use a

structured note taking guide. The guide makes it easy to record brief "notes" on each

step of the detection process and ensures that vital evidence is documented.

The field notes provide the information necessary to complete required DWI report

forms and assist you in preparing a written account of the incident. The field notes will

also be useful if you are required to provide oral testimony, since they can be used to

refresh your memory.

A model note taking guide is provided for your use. A brief description follows. Details

are provided in subsequent units.

Note Taking Guide

Remember that you must document those actions which gave you reasonable suspicion

or probable cause to justify further investigation of a suspected DWI incident.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 15 of 21

Session 4 - Overview of Detection, Note Taking, and Testimony

DWI Detection and Standardized Field Sobriety Testing

DWI Investigation Field Notes

I Name Sex Race

Address City/State Op. Lic. No.

D.O.B. / / Soc. Sec. #

Vehicle Make Year Lic. State

Disposition No. Passengers

Incident Location

Date / / Time Crash Yes No

II Vehicle in Motion

Initial Observations

Observation of Stop

4-22

• Section I provides space to record basic information describing the subject, the

vehicle, the location, and the date and time the incident occurred.

• Section II provides space to record brief descriptions of the vehicle in motion

(Detection Phase One), including initial observation of the vehicle in operation, and

observation of the stopping sequence.

• Section III provides space to record brief descriptions of the personal contact with the

subject (Detection Phase Two), including observations of the driver.

General Observations provides space to record the subject's manner of speech,

attitude, clothing, etc. Any physical evidence collected should also be noted in this

section.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 16 of 21

Session 4 - Overview of Detection, Note Taking, and Testimony

DWI Detection and Standardized Field Sobriety Testing

DWI Investigation

Field Notes (Cont.)

1-25

PBT (1) (optional) Time:___ Results:__

Other Field Sobriety Tests

Name of Test

Describe Performance

Name of Test

Describe Performance

Name of Test

Describe Performance

One Leg Stand

Type of Footwear

L R Sways while Balancing

Uses Arms to Balance

Hopping

Puts Foot Down

Other

PBT (2) (optional) Time:___ Results:__

4-25

Section IV provides space to record the results of all field sobriety tests that were

administered, and the results of the preliminary breath test (PBT) if such a test was

given.

Section V provides space to record the officer's general observations, such as the

subject's manner of speech, attitude, clothing, etc. Any physical evidence collected

should also be noted in this section.

Since this is a note taking guide and space is limited, you will have to develop your own

"shorthand" system. Your notes should be detailed and descriptive of the facts,

circumstances or events being described. These notes may be used to refresh your

memory and to write the narrative report documenting your observations to testify in

court.

NOTE: Field notes may be subpoenaed as evidence in court. It is important that any

"shorthand" system you use be describable, usable, complete and consistent.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 17 of 21

Session 4 - Overview of Detection, Note Taking, and Testimony

DWI Detection and Standardized Field Sobriety Testing

At time of incident:

• Recognize significant evidence

• Compile complete, accurate notes

• Prepare complete, accurate, detailed

report

Preparing Testimony

4-26

C. Courtroom Testimony

Testimonial evidence in DWI cases establishes that the defendant was in fact the driver

and was under the influence. Your testimony should be clear, detailed, and concise.

Requirements: Preparation at the scene and prior to trial.

To be effective, testimonial evidence must be clear and convincing. The first

requirement for effective testimony is preparation. Testimony preparation begins at the

time of the DWI incident. From the very beginning of the DWI contact, it is your

responsibility to:

• Recognize significant evidence

• Compile complete, accurate field notes

• Prepare a complete, accurate, detailed report

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 18 of 21

Session 4 - Overview of Detection, Note Taking, and Testimony

DWI Detection and Standardized Field Sobriety Testing

Prior to trial:

• Review all paperwork

• Review all other evidence

• Mentally organize elements and evidence

• Mentally organize testimony

• Identify potential issues

• Discuss with prosecutor

Preparing Testimony (Cont.)

4-27

Session 4 - Overview of Detection, Note Taking, and Testimony

DWI Detection and Standardized Field Sobriety Testing

Prior to trial:

• Review all paperwork

• Review all other evidence

• Mentally organize elements and evidence

• Mentally organize testimony

• Identify potential issues

• Discuss with prosecutor

Preparing Testimony (Cont.)

4-27

Testimony preparation continues prior to trial. Just before the trial, you should:

• Review field notes, incident report, narrative and other paperwork

• Review other evidence, i.e., video, photographs, etc.

• Mentally organize elements of offense, and the evidence available to prove each

element

• Mentally organize testimony to convey observations clearly and convincingly

• Identify weak spots and/or potential issues with the case and decide how to address

those issues

• Discuss the case with the prosecutor

The foundation for preparation and successful testimony is the relationship between the

law enforcement officer(s) involved with the arrest and the prosecuting attorney(s)

associated with the case. Effective communication and a clear understanding of each

groups’ objectives and expectations is essential for successful prosecution.

Notes:_______________________________________________

_____________________________________________________

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 19 of 21

Session 4 - Overview of Detection, Note Taking, and Testimony

DWI Detection and Standardized Field Sobriety Testing

• Phase One: Vehicle in Motion

• Initial observations of vehicle

• Observations during stopping sequence

• Phase Two: Personal Contact

• Face to face observations

• Statements

• Phase Three Pre-arrest screening

• SFST’s

• PBT

Chronology of Testimony

1-28 4-28

Chronology of Testimony

In court, your testimony should be organized chronologically and should cover each

phase of the DWI incident:

Phase One: Vehicle in Motion – initial observation of vehicle, the driver or both including

what first attracted your attention to the vehicle/driver and details about the driving

before you initiated the traffic stop

Reinforcing cues, maneuvers or actions, observed after signaling the driver to stop, but

before driver's vehicle came to a complete stop.

Phase Two: Personal Contact – face to face observations including personal

appearance, statements and other evidence obtained during your initial contact with

driver.

Phase Three: Pre-arrest Screening – sobriety tests administered to the driver and the

results of any preliminary breath tests.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 20 of 21

Session 4 - Overview of Detection, Note Taking, and Testimony

DWI Detection and Standardized Field Sobriety Testing

Arrest and post arrest observations:

• Arrest procedures and admonitions

• Defendant’s actions and statements

• Post arrest observations

• Request for chemical test(s)

• Administration and results of chemical

test(s)

• Interview

Chronology of Testimony (Cont.)

4-29

Arrest and Post Arrest Observations

• The arrest itself; including procedures used to inform driver of arrest, admonish

subject of rights, and so on

• Defendant’s actions, statements, and/or admissions subsequent to the arrest

• Observation of defendant subsequent to the arrest; including not just what the

defendant said but actions and reactions

• The request for the chemical test; including the procedures used, admonition of rights

and requirements, and so on

• The conduct, actions, reactions, and results of the chemical test, if you were also the

testing officer

• The interview of the defendant, including any new observations, statements and/or

admissions.

Session 4 - Overview of Detection, Note Taking, and Testimony

Standard Field Sobriety Test Course

QUESTIONS?

4-# 4-35

Notes:_______________________________________________

_____________________________________________________

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 21 of 21

Test your Knowledge

INSTRUCTIONS: Complete the following sentences.

1. DWI detection is defined as

2. The three phases in a typical DWI contact are:

Phase One

Phase Two

Phase Three

3. In Phase One, the officer usually has an opportunity to

4. Phase Three may not occur if

5. In Phase Two, the officer must decide

6. Each major decision can have any one of different outcomes. These are:

7. At each phase of detection, the officer must determine

8. Evidence of DWI is largely in nature.

9. Law enforcement officers need a system and tools for recording field notes at

scenes of DWI investigations because DWI evidence is

10. Testimony preparations begins

11. List two things the officer should do to prepare testimony just before the trial.

12. In court, the officer's testimony should be organized

13. Conditions and results of the chemical test are included in the arresting officer’s

testimony if

HS 178 R5/13 1 of 19

Law Enforcement Caselaw and Statutes

October 27, 2015

Overview of Detection, Note Taking, and Testimony DWI Detection and Standardized Field Sobriety Testing • Recognize and interpret DWI evidence

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