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: 8/24/2015
Five Year Review (FYR) Dates: 04/28/2015 and 08/14/2020
Promulgated Under: 119.03
Statutory Authority: R.C. 2981.12
Rule Amplifies: R.C. 2981.12
Prior Effective Dates: 4/29/00, 7/16/10

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 "SFST Training Alcohol Request," agency form "INV0022," (March, 2015), to the unit commander or designee of the investigative unit. Form "INV0022" may be accessed via the investigative unit's website at http://investigativeunit.ohio.gov/index.stm.

(C) Each request for intoxicating liquor or alcohol submitted to the unit commander or designee 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) 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 .

Effective: 8/24/2015
Five Year Review (FYR) Dates: 04/28/2015 and 08/14/2020
Promulgated Under: 119.03
Statutory Authority: R.C. 2981.12
Rule Amplifies: R.C. 2981.12
Prior Effective Dates: 4/29/00, 7/16/10