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Do me a favor. Sit your phone down on the counter for me. >> It was found in your melatonin bottle. >> That makes no sense. >> It's the truth. >> That's not the truth. >> Does anyone have access to it? >> Yes, the whole goddamn dorm. If you think that I was hiding drugs, I would have flushed them down the toilet, right? >> That would make sense, yeah. >> Come on now. >> A woman inside a correctional facility thinks she is avoiding a rule violation. She turns in a bottle she says is ordinary melatonin. Minutes later, she's in handcuffs. Now, the question is not just what staff found. It is whether she knew what was inside [music] before she handed it over. >> Good. Good. Yeah, what do you think she's going to be eating? She'll look out or >> Yeah. >> Who wants to come in? >> Where we going? >> Here, do me a favor. Sit your phone down on the counter for me. >> What are we doing? >> Put your hands behind your back. >> For what? >> Put your hands behind your back. We'll explain that in a second, okay? >> For what? >> Keep your palms together like you're praying. >> For what? >> I'll tell you in a second. Go and turn this one. >> Inside a residential correctional facility, residents are serving a court-ordered sentence. That changes what privacy looks like. Medication is not just personal property anymore. Staff can count it, go through it, [music] or pull it at any time. And none of that needs a warrant the way it would out on the street. >> What did you find in that melatonin bottle? I got that from the store. What are you talking about? >> You're being charged with conveyance. >> I didn't have no conveyance. Why would I turn it in? Patrick, that makes no sense, dude. >> It was found in your melatonin bottle and tested positive for meth by us and by the police. >> That makes no sense. >> It's the truth. >> That's not the truth. >> Yeah, if you could, that'd be great. Thank you. >> That's not the truth. >> This happened in Santee, doesn't this is a fight for court, okay? You got to bring it It's all going to be documented. You know, everything's documented. >> Dude, that is not true. >> Yeah, that's what Here's what Here's what happens in a case like this, okay? This stuff that we do have is going to get sent out to BCI. They have a full chemistry lab, okay? >> That's fine. That wasn't >> They're going to test everything. >> I gave it to you guys on the camera. >> Listen. Listen. Look at me. Look at me. >> Are you serious, Patrick? >> Dead serious. Hey, look. Look. If it ends up testing false, then it's a wash. You're all good, okay? If it tests positive, that's a whole 'nother story, all right? >> Under Ohio Revised Code 2921.36, illegal conveyance of drugs onto the grounds of a detention facility is a felony. A positive field test on two pills is enough probable cause to arrest right now. The lab is what determines what actually happens in court. Her strongest point is simple. If she knew the pills were illegal, why hand over the bottle herself? >> Can I call my mom at least? >> Once you get to county, yes. >> Can I call her now and tell her? >> We'll work that out. Let's put your shoes on. I want you to walk out there in the cold. Fair enough? >> That is crazy. I did How do they two >> I'll explain everything to you, all right? >> Out of all those melatonin pills that I turned in? >> of your locked key? >> Yes, you do. It's in the box. That's crazy as >> Do you guys need me to come back and sign anything? >> No. >> Okay. All right. >> I gave you guys my melatonin. Out of two the whole bottle. >> All right. Thank you. >> You're welcome. >> Look at this right here. Listen. >> My uncle was ABT. I know what's going on. >> I'll be 100% honest with you. Sometimes these field field kits >> Well, can you test it retest it again? >> I used mine as well. So, they tested with two of their kits. I tested with one of mine. Okay? >> Okay, but none of my drops have been dirty. >> I understand that. Listen. >> So, how is that possible? >> Like I said, sometimes the kits they come back false. So, >> retest it just one more time, please? >> It gets sent to a lab. Listen. Like I said, if it if it comes out false, it gets tested to the actual lab where they do the chemistry, then you're all good. Okay? No harm, no foul. >> But, I'm going to have to spend the night in jail. >> You're going to [clears throat] have to, yes. Okay? >> Okay. >> All right. Now, if it comes back positive, of course, I'm sure you know, then they're going to have, you know, [snorts] it's going to be a whole 'nother issue. Okay? All right. Um I got to search you. Do you have anything sharp on you? Scissors, knives, blades, anything like that? Okay. You said one layer of clothes, right? >> Yes. >> Okay. All right. I'm going to use the back side of my >> Yeah, go for it. >> Okay. Can you spread your feet apart for me a little bit? >> All right. >> Come over here real quick. >> Field test kits are presumptive. They work off a color reaction, and they've got a real history of false positives on legal substances. One reading in the field looks solid in the moment, but it carries a lot less weight than it seems. The whole case turns on whether this one got it right. >> Can you retest it again before we leave, please? >> That'll be >> four tests. One's usually enough, so I know I get it. It sucks. This isn't You don't want to go to jail. >> What do you mean? I didn't even have nothing. I turned in melatonin. >> I understand. >> Can I call my mom? >> Is the melatonin was it prescribed to you? >> It's a It's over-the-counter. >> Over-the-counter, okay. Okay. Was it What was it kept in? Packet, pill bottle? >> Pill bottle. >> Pill bottle. Um what kind of pill bottle? >> It was a regular melatonin pill bottle that I bought from CVS. >> All right, so it's from the store packaging, basically. >> Yeah, as in like we kept them in our locker, though. >> Okay. >> I just turned it in today. >> Does anyone have access to your >> Yes, the whole goddamn dorm. >> Okay. >> goddamn dorm has access to my locker. I don't keep my lock on it. >> So you don't keep a lock on your locker. >> No. >> Okay. Do you have any reason to believe why someone would put anything in your locker? >> Cuz nobody likes me. >> Um what happened with you guys? >> I mean, I know her from the house. She doesn't like me. >> Okay. So you guys had some kind of beef? >> As in like I just turned in that melatonin bottle today. If you think if I was hiding drugs, I would have flushed them down the toilet, right? >> That would make sense, yeah. >> Yeah, that would make sense, right? I wouldn't turn it into the front post. And two pills out of all the pills would be meth pills. Come on now. >> I understand. >> Make it make sense. >> Look, I'm not saying I don't believe you, but I got to go based on what I got right now, okay? >> I know you do. >> I'm not trying to be a >> My uncle was Bob Swain. >> Uh that name does sound familiar. He was retired obviously, right? >> No, he shot himself. >> He did? >> Yeah. >> How long ago? >> His daughter and wife upstairs. >> How long ago was that? >> Seven years, maybe eight. >> I'm sorry to hear that. I really am. >> As in like he's still in the Hall of Fame downstairs at your police station. >> I'll have to make sure I look him up. >> Yeah. >> Do you have any questions as of right now? >> Yeah, can I call my mom? >> The unlocked locker is a real defense argument. Under Ohio's conveyance statute, the prosecution has to prove she knowingly had those pills, not just that the bottle was hers. Shared access to an unlocked locker directly attacks that element. Anyone in the dorm could have put those pills [music] there. It does not stop the arrest, but it is something the officer has to put in his report. >> Yeah, I'll once I get my stuff settled, I'll >> Just got to grab the phone and dial Lydia's house. >> Who's that? >> Lydia's house. >> Lydia? >> Yeah. >> Okay. >> It's on my phone. >> Give me a second. Let me get some stuff secured and then I'll let you do that. >> And then like the whole dorm has access to it. >> So, that that'll go in my report, okay? I'll make sure I note that in my report that your locker was not locked. >> access to it like >> How many people are in the dorm? >> Two or five. >> Do you have bunks or is it a single bed? >> Yes, no, it's bunks. I'm on my melatonin with two >> I've seen crazier stuff, trust me. Like I said, you'll go to court, you'll get your court date, the labs will come back, and we'll go from there, right? And when I go to grand jury, I'll explain everything, the facts of the case, I'll explain all that. That you're in a dorm, people have access to it, >> [snorts] >> you have beef with this female, okay? And I'll take that into consideration. >> No, cuz I'm already at court. I was sentenced here for 6 months unlawfully. >> If it comes worst, you know, best case scenario, it comes back false and it's something else, >> Oh my god, that's not a big deal. >> All right, and I'll have to If it does come back positive, you still might have a case being the fact that you're in a dorm. >> pills in there? How would they even get them in? This is supposed to be a lockdown security facility. >> quite a bit of contraband that gets it gets their way in there. They're human, they miss stuff, unfortunately. All right. >> of meth pills? >> Uh I don't know. They're just It's pressed like little round tablets. >> Yeah, they're all like that. >> Well, when they they scraped it and tested the powder in a test kit and it tested positive. Now, >> Okay, they're all like that. >> don't know for sure cuz I'm not a chemist, is if I were to go to the store and buy melatonin pills, >> Yeah. >> if those would test for that. So, >> you test another pill? >> I don't have the stuff to test for Do you know Do you know what I'm saying? >> I know, but can't you Can't you ask him for the whole pill bottle? >> That's what the So, >> They have the whole pill bottle. >> I'll go ask them about that. Here's what's going to happen. That stuff's going to go to the lab. >> Okay, that stuff can go to the lab. What do you ask them for? >> They were going to test >> pill, the pill bottle, and the pills that are in the melatonin. >> Well, they gave me the two >> No, we want all the pills. There was There's 13 in there. >> So, >> There's more There's 15 pills in there. >> These pills don't match with what else is in there. That's That's how they found out what they were. >> They do match. They all match. >> When they dumped them out, they count them cuz they have to count the contraband, right? They have to count >> No, it's not contraband. We're allowed to have melatonin anyway. >> Whenever they get pills, they have to count what's in there cuz they want to make sure you're not hiding stuff, right? >> Right. >> So, when they looked at them, there were two that did not look like the others. >> Will you go grab them? >> Yeah, I can. >> Please and look. >> Absolutely. >> The bottle is evidence now. Every time it changes hands, that has to be documented. That is [music] chain of custody. And it matters at grand jury just as much as the lab result. If those two pills look different from the rest, the question is why and whether that answer changes anything. >> Do you guys have her um You know it's on the bottle. >> Uh we have the melatonin bottle. >> It's in my office and I grabbed it. >> Yeah, I'll tag that, too. I'm sure they'll ask about it grand jury. Um just so I understand when I go to testify, they Are they allowed to have melatonin? >> Yes. >> Okay. And then, she turned it in. You guys >> it in because we just today we changed the policy that they can't have that on their person. So, she went up to us, "Here you go." >> Okay. >> Our RS staff went through it. All All the pills looked the same except for two. So those were the ones we kept. >> Yeah. >> Okay. >> So >> All right. Appreciate it. Thank you. All right. So, I'm looking at these. These are obviously different. These are bigger. The one the two that they found in the bottle are much smaller. Almost like the size of a Nuprin. >> Okay. Well, go in there. Okay. I'm going to tell you the real [ __ ] They have other clients brand in there that I got them from another client. >> Okay. >> They're in there. They're in the They're in there in the medication room. >> So, someone a client had them and you worked out whatever deal you can and got them from >> No, no, no. She said "They're here's two melatonins." That's what she gave me. I thought >> Why would she give Why would she do that if you had a whole bottle? >> Cuz I Cuz I gave her two melatonins. >> So, she was giving you like kind of repaying you? >> Yes. There you go. We had to turn in our meds. >> I'm saying how did she give you like Did she have like How >> She's got them all in the room right now. >> Okay. So, she had melatonin and ran out. You gave her some. >> Yes. >> And she was repaying you back for the for some. >> now she's got all those melatonin in her cup in her room. >> Okay. I got you. That makes sense. >> So, she's got all meth pills in there in the room right now. >> I'm going to grab your phone and let you call your mom, all right? >> So, you're not going to go ask them? >> I'm going to contact them. Cuz here's what happens. If I keep going back in there, they're suspicious and they're going to start dumping [ __ ] >> No, she's not here. She's at work. >> Okay, it's even better. I will let them know and then they can do that. >> But she's got them all in the room right now. >> Okay. >> So, it'll give me off scot-free. >> Uh that No. [clears throat] Cuz you still had it on your person. >> No, I didn't. >> You did. It was in your pill bottle. That's where it all went. That's why you have to go to court. >> They're melatonin. >> Her naming another resident doesn't clear her right now. The pills were in her bottle. Under Ohio law, that's enough to establish possession, even without her physically holding them. That's constructive possession. What the officer can do is pass that lead on. If the other resident's room gets searched and something turns up, that's a different case. >> I love you. >> Mom. >> What? >> I'm going to jail tonight. >> Why? >> Cuz and I put them in my melatonin bottle, and when I turned them in today cuz of the new policy cuz I didn't want to violate it, they came back They came back meth pills. The cops came out and they tested them and I'm back in the cop car, handcuffed, and I'm going to jail. >> Oh my god. >> Is there anything I can do? >> to you? >> What's your name? >> Colleen. >> All right, Colleen. >> Hi. >> All right, this is Officer Morgan with the Akron Police. Um so, what happened was based on what your daughter just said, I was called here. When she turned in her melatonin bottle, they had to count the tablets that were inside to make sure everything was there. >> [snorts] >> Um they found two tablets that were not the same as the others. They tested it with their mobile field kit test, and it tested positive for methamphetamines. Um they gave me the the contraband. I tested it myself with my kit, and I had the same result. >> [snorts] >> As I explained to your daughter, what's going to happen is she's going to go to county for tonight. She'll see a judge in the morning. >> [snorts] >> Our narcotics lab will test it. They have They have way more tools and procedures to be able to test better. Um if everything comes back false and it's not narcotics, then she'll be fine. She'll be okay. If it does come back positive, obviously they'll go through that route and go through court and all that stuff, okay? I interviewed your daughter. My report's going to state what she just said. Now, at this at this point, I'm sure you understand it's it's kind of hearsay. I can't prove that you were doing drugs. >> that. I understand that, right. >> So, once I do my report, um Oriana Internal Affairs will get a copy of that and they'll be able to investigate further. >> Quarantine I just calm down and tell that time and everything will work out. Trust me. I'm praying. And I don't know if >> I don't know why I even came here and this is why I should have just stayed on the streets. >> Okay, I know, but you also should have not have taken anything from anybody in that facility. That you already know. >> Mom, then that means they got the meth pills inside then. >> Exactly. Which they What? You don't need them girls. They're criminals. They're >> No, Mom. I'm talking about Oriana House, dude. They got them inside. >> Listen, Cantina, I'm telling you that girls do that to set people up, first of all, because they they're haters. I don't know why you would accept anything from anybody in that facility. >> I don't know. >> I wish you would have just been thinking that day. You don't need nothing from them. If you need a melatonin, you could have asked me or Aunt Carrie for it. And we would have bought >> I have a whole bottle. >> Okay, I understand. >> me two back because I gave her two. >> Okay, but they're right there. Right there. That's odd. That's odd. >> No, it's not, Mom. It's not odd. >> I mean, it's odd that she wants to give you back two pills. >> She had a whole cupful of them. >> Okay, I understand that, but they're melatonin. >> No [ __ ] Mom. >> I would have said, "No, I'm cool." >> All right, do you Do you have any other questions, Mom? >> All right, I love you. And just call your son. Just calm down and call your son. >> I don't know. >> Your cell phone's in there. That piece of paper with their phone numbers in there. >> Thank you for that baby. >> Yeah. >> Okay, thanks. >> She was charged with illegal conveyance of drugs of abuse, a felony under Ohio law. So, the fair question is this: If someone [music] voluntarily turns in the bottle, should a field test be enough to arrest? Or does a shared dorm with an unlocked locker change the answer? Drop your thoughts below. Subscribe if you want more body cam breakdowns like this.
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