Name:
Chastain, Donald Joseph
Date of Booking:
03/01/2023
Reason(s) For Booking:
Possess A Schedule 2, Other
Possess Methamphetamine
Possession And Use Of Drug Related Objects
Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]
On March 1, 2023 at approximately 1215 hours, Deputy Spivey was sitting stationary at Bethlehem Church, located at 4677 Old Dixie Hwy. Deputy Spivey observed a black in color 1989 Chevrolet Pickup Truck with Georgia Registration Number [REDACTED], driving northbound passing him. When the truck passed Deputy Spivey the front seat passenger, covered her face as if she was trying to conceal her identity.
Deputy Spivey pulled out and attempted to follow the vehicle but the vehicle soon turned into the Resaca Food Mart located at 4513 South Dixie Hwy. Deputy Spivey turned around and noticed the vehicle was next to the road as if the vehicle was preparing to turn onto South Dixie Hwy. The vehicle then went into reverse and backed into a parking lot.
Deputy Spivey then called Deputy Spence via phone and advised him of the suspicious actions of the driver and passenger. Deputy Spivey asked Deputy Spence to meet with him and observe the vehicle.
The vehicle left the Resaca Food Mart and went northbound on South Dixie Hwy. The vehicle went through the roundabout towards the interstate and turned into the Pilot Fuel Station without using his blinker. Deputy Spivey initiated a traffic stop on the vehicle and once the vehicle was stopped the vehicle passenger later identified as Donna Freeman, exited the vehicle. Deputy Spivey advised Ms. Freeman to stay inside of the vehicle.
Deputy Spivey then approached the vehicle and identified himself as a Deputy with the Whitfield County Sheriff’s Office and the reason for the stop, to the driver, who would later be identified as Donald Chastain. Deputy Spivey asked Mr. Chastain and Ms. Freeman for their driver’s license. Deputy Spivey returned to his patrol vehicle, while Deputy Broling was talking to the passenger.
While Deputy Spivey was exiting his patrol vehicle, Deputy Broling came to him and advised him that Ms. Freeman was on probation and part of her probation was her consented in advance to waiving her constitutional rights to be free from searches and seizures without a warrant and without probable cause (4th wavier). Deputy Spivey went to Ms. Freeman and asked if she was on probation. Ms. Freeman stated “yes”. Deputy Spivey asked Ms. Freeman if she had a 4th waiver and Ms. Freeman responded back “yes”. Deputy Spivey asked Ms. Freeman is he could search her purse and Ms. Freeman stated “yes”.
While searching Ms. Freeman’s purse, Deputy Spivey located a glass smoking device communally used for methamphetamine. Deputy Spivey detained Ms. Freeman and advised her she was not under arrest.
Deputy Broling asked Mr. Chastain to step out of the vehicle and asked him for consent to search the vehicle. Deputy Broling asked Mr. Chastain if there was anything illegal inside of the truck. Mr. Chastain stated there was a marijuana pipe inside of the truck. While searching the truck, Deputy Broling located a black in color Miller Electric bag behind the passenger seat.
Deputy Broling searched the bag and located a digital scale and a clear plastic container with a white residue inside of it. Deputy Spence swabbed the digital scale and the residue inside of the plastic container and field tested it. The field test result positive for methamphetamine. Deputy Spivey contacted the on-call narcotic detective and advised him of the situation.
Sergeant Spurlock and Lieutenant Lowery of the narcotic unit arrived on scene. While on scene Sgt. Spurlock asked Deputy Spivey to search Mr. Chastain. While searching Mr. Chastain, Deputy Spivey located marijuana in a clear baggie in Mr. Chastain’s front left pocket and a green pill bottle with no markings on it in Mr. Chastain’s front waistband.
Deputy Spivey turned the scene over to Sgt. Spurlock and transported Mr. Chastain to the Whitfield County Detention Center and turned him over to the Whitfield County Booking Staff without incident. Deputy Spivey issued Mr. Chastain a written warning for not using his turn signal. Ms. Freeman was released at scene.
Mr. Chastain’s vehicle was released to his wife, [REDACTED].
[End of Narrative]