Should we start conducting drug evaluations on witnesses to crime? According to a new study, marijuana users are susceptible to false memories. A unique, double-blind , placebo-controlled trial was conducted by researchers to test whether marijuana users are susceptible to false memories. Their study shows that marijuana “lifts the risk of creating different types of false memories,” especially during the time that users are under the influence. They note that while drug testing is routine with suspects, not so with witnesses, and that their findings in criminal proceedings have implications for the accuracy. You can read that study here.
Witness Sobriety During Interviews
I have always paid attention to peoples sobriety while conducting criminal investigations. If I had a witness that appeared to be under the influence of a drug, I would always document that fact in my report. Full disclosure in a criminal investigation is always best practice. My recommendation to officers would be to do the same. We have always known that drug intoxication can affect a person’s perception and recollection. Now we have a study showing us the obvious.
Would you need to do a full blown DAR/DRE evaluation? That is entirely up to you. I never did. I always just documented what I saw. However, if the suspect was under the influene, I would always do a drug evaluation. It is important to document the suspect’s sobriety so that the charging attorney, the defense attorney, the judge and the jury can understand the reliability of suspect statements.
