Chapter 4501:4-1 Distribution of Intoxicating Liquor for Training Purposes

4501:4-1-01 Definitions.

(A) "Intoxicating liquor or alcohol" as applied to this chapter, shall only include spirituous liquor as defined in division (B)(5) of section 4301.01 of the Revised Code. No other confiscated beer, intoxicating liquor and alcohol shall be retained for training purposes by the Ohio department of public safety, investigative unit, central evidence facility, and shall be disposed of pursuant to established department policy.

(B) "Law enforcement agency" as used in this chapter, means an agency whose members are commissioned and employed as peace officers by the state or a political subdivision of the state, and whose primary duties are to preserve the peace, to protect life and property, and to enforce the laws of Ohio, ordinances of a municipal corporation, or regulations of the board of county commissioners or board of township trustees, or any such laws, ordinances or regulations. For purposes of this rule, law enforcement agency shall also include the Ohio state highway patrol and the Ohio peace officer training academy.

(C) "Department" as used in this chapter, means the Ohio department of public safety.

(D) "Investigative unit" as used in this chapter, means the Ohio department of public safety, investigative unit.

(E) "Law enforcement training" as used in this chapter, shall include but not be limited to standard field sobriety testing (SFST), training in the advanced detection and apprehension of persons under the influence of alcohol or drugs (ADAP), training in horizontal gaze nystagmus testing procedures, training relating to detection and recognition of alcohol impairment, and training in conjunction with the use of any device or test to determine an individual's blood alcohol content.

Effective: 07/16/2010
R.C. 119.032 review dates: 04/28/2010 and 04/28/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 2981.12
Rule Amplifies: R.C. 2981.12
Prior Effective Dates: 4/29/00

4501:4-1-02 Requisition and distribution of confiscated intoxicating liquor and alcohol for law enforcement training purposes.

(A) The investigative unit of the Ohio department of public safety shall distribute intoxicating liquor or alcohol to requesting law enforcement agencies as defined in paragraph (B) of rule 4501:4-1-01 of the Administrative Code for training purposes in accordance with the established provisions of this rule.

(B) Any law enforcement agency requesting intoxicating liquor or alcohol for training purposes shall submit a formal, written request, on forms supplied by the Ohio department of public safety, to the deputy director of the investigative unit.

(C) Each request for intoxicating liquor or alcohol submitted to the deputy director of the investigative unit shall be approved or denied based on the availability of the intoxicating liquor or alcohol held in the existing inventory of the investigative unit's central office evidence facility at the time of the request.

(D) Upon the investigative unit's confirmation of the availability of the intoxicating liquor or alcohol for distribution, the law enforcement agency making the request shall have a representative of the agency available to take physical possession of the requested intoxicating liquor or alcohol.

(E) The intoxicating liquor or alcohol shall be released to the custody of the requesting law enforcement agency's representative upon completion of all documentation required by the deputy director of the investigative unit.

(F) Upon the conclusion of the training for which the law enforcement agency obtained the intoxicating liquor or alcohol, the law enforcement agency shall destroy and dispose of any remaining intoxicating liquor or alcohol not used for training purposes as provided for in division (A)(4) of section 2981.12 of the Revised Code.

(G) The investigative unit shall maintain records of any law enforcement agency that requests and is issued intoxicating liquor or alcohol for training purposes as defined in rule 4501:4-1-01 of the Administrative Code. This record shall include the name of the law enforcement agency, date, brand name and quantity of the intoxicating liquor or alcohol distributed to the law enforcement agency.

Effective: 07/16/2010
R.C. 119.032 review dates: 04/28/2010 and 04/28/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 2981.12
Rule Amplifies: R.C. 2981.12
Prior Effective Dates: 4/29/00