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Brian Beasley is the Legal Adviser for the High Point Police Department in High Point, North Carolina. In order to justify his exorbitant (not really) salary and keep his officers informed of the latest changes in the law, he writes legal updates from time to time. Brian knows that officers aren’t generally enthusiastic about reading something entitled “Legal Update” so he tries to include some humorous footnotes to encourage them. Since he began writing these updates, officers from other agencies have asked to be added to the mailing list, but Brian decided that creating a blog was by far a more arrogant and geeky option.

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    Squeezing Blood From A Drunken Turnip: DWI Blood Draws

    29 Jan

    Posted by Brian Beasley In Legal Update

    To download a PDF file of this update, click here

    Squeezing Blood From A Drunken Turnip: DWI Blood Draws
    Legal Question of The Week
    Vol. 3, Number 2
    January 29, 2010

    Brian Beasley
    Partial To Potatoes and Legal Adviser, HPPD

                It is a dark and stormy night.  The weatherman has predicted eight to eleven inches of snow.  There is panic in the streets as schools close early and lines of people try to navigate the checkout line at the local grocery store.  In the midst of this, you get dispatched to the scene of a one car wreck.  When you approach the driver still sitting in the vehicle, you smell (as we say) a “strong odor of alcohol emanating from his person and mouth.”1  He does very poorly on the field sobriety tests that you instruct him to do and you place him under arrest for driving while impaired. Read More

    1. Don’t you love the way police officers testify?  If you wouldn’t use the word “emanating” while watching the Super Bowl with your buddies, don’t use it on the witness stand.  Speak English!  On the other hand, maybe you do use the word “emanating” in that situation.  For example, “How ‘bout laying off the bean dip, Chuck?  There’s a noxious odor emanating from your backside.” ↩
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    Stuff You Already Know: Two Recent Court Cases

    15 Jan

    Posted by Brian Beasley In Legal Update

    To download a PDF file of this update, click here

    Stuff You Already Know: Two Recent Court Cases
    Legal Question of The Week
    Vol. 3, Number 1
    January 15, 2010
     
    Brian Beasley
    Master of the Obvious and Legal Adviser, HPPD

                It’s the start of a new year and a new decade1 and many folks use this time to look ahead with plans and resolutions on how to improve their lives.  In our quest to be different, the legal office takes a look back today at two areas of the law.  Our nostalgia was triggered by two recent court cases that didn’t really change the law but clarified some points.  Don’t worry, however – in addition to the past, we’ve sprinkled in a couple of announcements for the present and some words of wisdom for you to build on in the future.  In fact, let’s start with this wise tidbit:

    MURPHY’S LAWS2 OF LAW ENFORCEMENT #1
    “The bigger they are, the harder they fall.  Also the harder they punch, kick, and choke.”

                Our first recent case comes from the U.S. Supreme Court and deals with the exigent circumstances doctrine.  Read More

    1. I fully realize that we are over two weeks into this “new” decade and most of you have been on the edge of your seats waiting for a “new” update.  I apologize, but I overslept and just woke up.  Did I miss anything? ↩
    2. Murphy’s Law (which you already knew) says that if anything CAN go wrong, it WILL.  This principle originated at Edwards Air Force Base in 1949.  More on this later. ↩
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