Gilbert officer's 'trick' raises questions about drivers' rights

During a roadside DUI investigation, Gilbert police officer Andrew Templeton had a “trick” up his sleeve. Templeton had just handcuffed a driver who exercised his right to refuse a breathalyzer test and then told him that he needed to check one more thing. Templeton used the breathalyzer to get what’s known as a “passive sample.” Passive samples are not done by directly blowing into a tube connected to the instrument. They detect the presence of alcohol in the air. The use of the passive sample in this case raises unique and rare questions about drivers’ rights.

More on the incident: https://www.abc15.com/news/local-news...
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