Drag-racer's car crashes into house; residents OK

[Malcontent]

http://tinyurl.com/9kket

And this is why I have such a beef with the current system.

A drag-racer lost control and the car crashed into a house Saturday evening in Buffalo Grove, narrowly missing residents inside and causing significant structural damage, authorities said.

The driver was not arrested, and alcohol and drugs did not appear to be factors in the crash, Schwall said. It probably was caused by speeding but was still under investigation, he said.

If this idiot or idiots had an ounce of alcohol, they would have been "bitched slapped" by probably just about everyone. And yet, no arrest. I know it doesn't state the whole story, but it sure makes you wonder?

[MemphisPD]

Well, in Tennessee drag racing is a misdemeanor and if the defendant has a state ID he gets a misdemeanor citation. Basically, going to jail on credit. Same thing as being physically arrested, but you go home for then. You come back for booking/processing then have a court date. Mainly to deal w/ overcrowding. Kinda sucks sometimes when you want to take someone. Kinda good w/ you get that 'holding prisoner' call for shoplifting a candy bar.

I understand how this could also be construed as something BESIDES drag racing. Depends on the state.

[Malcontent]

Even when they casue an accident, it's only a misdemeanor?

[pkagel]

From what I've experienced is even when they have a felon killing someone all they do is take his DL for 6 months and don't test his blood untill it is too late thereby screwing any good case that could have been made.

Since I'm venting a bit here, do they teach at the academies in TN to secure crime/accident scenes from all but police/medical personel?

Well, in Tennessee drag racing is a misdemeanor and if the defendant has a state ID he gets a misdemeanor citation. Basically, going to jail on credit. Same thing as being physically arrested, but you go home for then. You come back for booking/processing then have a court date. Mainly to deal w/ overcrowding. Kinda sucks sometimes when you want to take someone. Kinda good w/ you get that 'holding prisoner' call for shoplifting a candy bar.

I understand how this could also be construed as something BESIDES drag racing. Depends on the state.

[DrewSVT03]

FL had/has a big problem with street racing. I believe the state changed it to a felony charge. People get arrested and the cars get impounded on a regular basis.

[Chopshopcop]

From what I've experienced is even when they have a felon killing someone all they do is take his DL for 6 months and don't test his blood untill it is too late thereby screwing any good case that could have been made.

Since I'm venting a bit here, do they teach at the academies in TN to secure crime/accident scenes from all but police/medical personel?

They teach securing a crime scene. An accident scene is usually not secured in the same manner unless it's a critical or fatal accident. Memphis uses PST's (unarmed, non-sworn employees that have no powers of arrest) to investigate most accidents. If it rises to the level of a critical/fatal, then another squad of trained officers take over the scene and handle the investigation.

It's been my experience that most crime scenes here wind up getting contaminated anyway by chiefs and other ranking muckety-mucks that have little business there and serve no useful function. They have a Sgt. as the fulltime PIO, they get incident reports either the same day or the following, so why are they there? It can't be for TV exposure, most run like hell when the media approaches for a statement. Either that or they say "No comment right now" and refer them to the PIO.

[pkagel]

This was a fatal and was obvious who was at fault. They didn't secure the crime scene and actually allowed the suspects mother to remove some stuff from his car. They didn't do a blood test until the 3rd transfusion on the suspect. They also allowed me to get stuff out of my father's vehicle and next to it was the suspect's. They weren't in any sort of police impound but were in the back of some mechanics yard. This was Tn State Troopers btw. I was quite blown away at the lax attitude toward a fatal traffic accident.

[Chopshopcop]

Generally speaking, drawing blood takes either consent or a search warrant. Then it has to be sent to a crime lab for analysis. Most of the labs have such a backlog that getting results on blood, DNA or other forensic evidence in 6 months is considered a very fast turnaround.

I'm not sure if the Highway Patrol operates an impound yard or not. My guess is probably not. Many agencies in TN don't, they just have a wrecker rotation list. Whichever wrecker gets the pull, gets the vehicle till claimed by family, insurance, lienholder, whatever. If it goes unclaimed, it can be repaired and auctioned by the wrecker service or scrapped.

I can't speak for TN Highway Patrol practices. Everyone has different policies and procedures, I doubt you'll find two agencies anywhere that does things the same way. If there were no doubt as to the cause and who was responsible for the accident as you say, then it may be permissible to allow family to get personal effects from a vehicle. Whole lot of things to consider at that time as to whether or not it's allowed. It may be a judgment call on the officers part, that particular situation may not be addressed in their P&P.

[pkagel]

Why would they need a warrant for blood in a fatal? They actually took the blood after the 3rd transfusion and found some drugs but not enough to cause them to charge him. I would imagine they would have been a lot higher in concentration had they not changed his oil 3 times before testing?

Actually, it is not just an accident when drugs an alcohol are in the blood. I could understand if it was a guy who was just reaching for a map, that happens but drugs are on purpose.

All this said, I am most dissapointed in the Trooper who wouldn't control his own crime scene. You don't let the mother come into your crime scene and take anything. She said she wanted to take the speakers out of the car. Beep, beep, red flag!!! What do you think is under those speakers??? I wasn't there, but I'm guessing drugs. When I examined his car I found a very expensive stereo and TV system in the vehicle and she wanted two large speakers out of the back. I also noticed their were no monting holes for the speakers again leading me to believe he ran drugs with that car since the speaker boxes were quite large and you could easily get to the drugs with no mounting screws to slow you down.


Just a rant, I know I'll never run a crime scene that way. My Lt. at the academy beat it into us and I'd be looking over my shoulder for his huge bear hands to come upside my head if I ever thought of it!

[Chopshopcop]

Why would they need a warrant for blood in a fatal? They actually took the blood after the 3rd transfusion and found some drugs but not enough to cause them to charge him. I would imagine they would have been a lot higher in concentration had they not changed his oil 3 times before testing?

Actually, it is not just an accident when drugs an alcohol are in the blood. I could understand if it was a guy who was just reaching for a map, that happens but drugs are on purpose.

All this said, I am most dissapointed in the Trooper who wouldn't control his own crime scene. You don't let the mother come into your crime scene and take anything. She said she wanted to take the speakers out of the car. Beep, beep, red flag!!! What do you think is under those speakers??? I wasn't there, but I'm guessing drugs. When I examined his car I found a very expensive stereo and TV system in the vehicle and she wanted two large speakers out of the back. I also noticed their were no monting holes for the speakers again leading me to believe he ran drugs with that car since the speaker boxes were quite large and you could easily get to the drugs with no mounting screws to slow you down.


Just a rant, I know I'll never run a crime scene that way. My Lt. at the academy beat it into us and I'd be looking over my shoulder for his huge bear hands to come upside my head if I ever thought of it!

Depends on who the fatality was. If it was the responsible party that died, then no warrant is required. If he caused a fatality, then TN law requires consent. Failing that, you must have a warrant to draw blood as the courts have ruled that it's an invasive process that rises to the level of a seizure. Even if it weren't required, it's a good practice because it brings the courts in the mix early on. It's almost always better to conduct an investigation with a warrant than without, gives the defense less to work with.

It's pretty common around here to have speakers unsecured in a vehicle, especially the big kick box type. He may have been hiding dope but that's only speculation now.

I don't know all the facts and can't tell you with any certainty whether the trooper's actions were appropriate. I can say that given the limited amount of information, I probably wouldn't have done it his way either.

[MemphisPD]

It's pretty common around here to have speakers unsecured in a vehicle, especially the big kick box type. He may have been hiding dope but that's only speculation now.

Yeah, maybe they have impound-strip lots like we do. lol

[pkagel]

It was the responsible party who lived, barely, but lived. I don't have a lot of medical knowledge, but they did the transfusion. In doing that, I'd imagine they have to drain while they are filling, could they not just take the drain bag and use that blood for testing. Seems to be no warrant issues there.

All said, besides the poor scene and prelim investigation, the people of TN were wonderful and very open with me about the accident.

The suspect's Firebird ended up spinning like a record and he was ejected out the rear window of it. He was life flighted out and barely lived. He is a felon with a long record. We didn't sue, what can you get from white trash who lives off the gov't anyway.

Thanks for the warrant info, in CA you give consent when you sign for your DL. I didn't realize it was different in TN.