ariesgodofwar
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Especially if LE was suspicious of his story...we had a John Doe who was shot after an apparent struggle. LE didnt know what had happened and whether it was a hit, kwim? Wouldnt someone have given GZ a tox to see if he was high, drunk etc?
What is SOP?
AFAIK, SOP is Investigative Detention, which will then ultimately likely determine if charges are filed and if further investigation is warranted. You cannot compel someone to take a Tox Screen without a warrant or charge, however, if you have someone in investigative detention whose story seems to mirror what the facts of the case appear to be, and they claim self-defense, you are not going to get a Judge to issue a Charge, without anything to justify the charging document that would be required to be submitted. so they have to be cut lose. You cannot charge someone who claims self-defense when you cannot prove that they were not defending themselves. That said, you might discover evidence a month later, and then charge the individual, and can take a tox screen at that time, but unless they appear under the influence and you can charge them on sight for "carrying a firearm under the influence" or whatever FL's firearm charge is that covers that.
Point being, you cannot initiate a tox screen without either voluntary consent, or reasonable suspicion of possession of a deadly weapon while intoxicated (think 4th Amendment here). An officer would not have one done typically if they do not see anything that is indicative or gives them suspicion that the individual might be under the influence.