Narragansett Police Department Page: 1 Arrest Report ... - WPRI.com

Narragansett Police Department Page: 2
NARRATIVE FOR PATROL KEVIN L O'CONNOR
Ref: 13-294-AR
Entered: 05/05/2013 @ 0328 Entry ID: O6862
Modified: 05/05/2013 @ 0605 Modified ID: 3974
Approved: 05/05/2013 @ 0608 Approval ID: 3974
stepped to his left and kept his feet approximately shoulder width apart. I again asked McManus to get into the
instructional stance but McManus was unable to maintain the stance without losing his balance. I then began my
instructions, I explained he is to take 9 steps down a imaginary line, perform a turn using a series of small steps that
I would demonstrate and take 9 steps back down the line to which McManus stated he understood. I explained each
step needs to be in a heel to toe manner, on the line and with his arms by his side to which he stated he understood. I
instructed McManus to count the number of steps out loud, look down at his feet and not to stop during the test,
McManus stated he understood. I then demonstrated the test. McManus stated he understood and did not have any
questions. I attempted to get McManus to hold the instructional stance before beginning the test but he was unable
to hold the stance. I advised McManus he may begin the test to which he did by taking 10 steps down the line
missing the line and heel to toe on every step. McManus stopped and then completed an incorrect turn by taking
small steps with both feet. McManus took 10 steps back down the line missing the line and heel to toe with every
step. McManus steps were in a normal walking motion approximately shoulder width apart.
The third test I administerd was the One Leg Stand Test. Prior to beginning the test I asked McManus if he had
problems with his feet, legs, knees and/or back that would prevent him from balancing on one foot, to which
McManus stated he did not. I advised McManus to stand with his feet together and arms by his side, McManus
stated he understood but was only able to stand in this fashion for a moment before standing with his feet shoulder
width apart. I advised McManus he is to raise one foot of his choosing approximately 6 inches off the ground while
keeping his legs straight and arms by his sides, McManus stated he understood. I explained he is to keep his foot
raised, look at his raised foot and count out loud, “One thousand one, one thousand two, one thousand three” and
continue counting in this way until told to stop. McManus stated he understood. I explained if he puts his foot down
to pick it back up and continue counting from where he left off. I asked McManus if he had any questions to which
he stated he did not. McManus raised his right foot and raised his arms close to parallel to the ground, McManus
was swaying. McManus quickly counted “One thousand, two thousand, seven thousand, eight thousand” he put his
foot down and stepped to the right. McManus tried two more times but could only keep his foot up for a second,
each time starting his counting back over. After the third time McManus put his foot down which was
approximately 10-12 seconds after starting the test, it was terminated for his safety.
Arrest of Suspect
I advised McManus to place his hands behind his back. I advised McManus that he was under arrest for suspicion of
driving a under the influence of intoxicating liquor and/or drugs. I handcuffed McManus, double locked the cuffs
and checked for tightness, searched him and placed him in the rear seat of Car #8. At 2251 hours, I read McManus
his Rights for Use at Scene from a department issued card. These rights include the Miranda Rights, right to an
attorney and the right to be examined by a physician of his own choosing. McManus stated he understood his rights.
I transported McManus back to the station while Ptlm Storm obtained a written statement from Smith regarding the
accident. (See 13-178 AC)
Booking
Once at the station, McManus was searched with negative results. At 2306 hours I read McManus his Rights for
Use at Station form a department issued form. These rights include the Miranda Rights, the right to an attorney, the
right to have a physician or person of his choosing administer any chemical test in addition to the test administered
at my direction, the right to refuse the chemical test and the right to use the telephone. I finished reading McManus
his Right for Use at Station at 2312 hours. McManus refused to use the telephone. At 2320 hours McManus stated
he would like to refuse the chemical test and signed the refuse portion of the form.