Date of Booking:
Reason(s) For Booking:
Open Container Violation
Impeding The Flow Of Traffic
Operate Mv While Reg Is Suspended/ Revoked/ Cancel
[Please note: The following is a direct transcription from the officer’s narrative report. We do not fix any spelling or grammatical errors. Any changes made by our staff are placed inside brackets.]
On August 20, 2021 I was responding to the area of Shugart Rd to assist the Whitfield County Sheriff’s Office with a vehicle that they had got out with.
When I arrived on scene I was being notified by dispatch that there was another vehicle that was stopped in the middle of Shugart Rd directly in front of [800 BLOCK] Shugart Rd. I then pulled in behind a deputy Kirby who was parked behind a black in color dodge ram pickup truck. As I was walking up to the driver seat, deputy Kirby held up a small clear corner baggie and stated that he had located this between the male’s legs. The male was identified as Omar Mendez.
The substance in the baggie was a crystal-like substance and was packaged consistent with methamphetamine. I then asked Mendez to step out of the truck at which time I placed him into custody. I took possession of the substance from deputy Kirby and walked Mendez back to my patrol car. I then advised him of his Miranda rights and asked him what was in the baggie that was found between his legs. Mendez stated that he did not know what was in it and that the deputy was the one who found it.
I told Mendez that it was found between his legs and he stated that the deputy was the one who had pulled it out and that he must have put it there. I then walked him to the rear of my car and began searching him before putting him the vehicle. I retrieved a plastic bag for the contents of his pockets. I first removed a bottle that contained, what appeared to be synthetic urine. This is commonly carried by people who suspect a drug test and would fail if they were to provide their own urine sample.
I asked him what was in the bottle and he stated that I was the one who pulled it from his pocket. He then continued with the same statements as before indicating that I had placed it in his pocket. I then took him back to the front of my vehicle where the dash camera was running. I concluded searching him and his wallet during this time. I asked him about a debit card that did not have his name on it that I found in his wallet and he stated that I was the one who had taken it out and once again implied that I was the one who had put it there.
Once he was searched I then placed him in the back seat of my patrol car. The list wrecker was called for his vehicle that was still in the middle of the roadway. The vehicle did not have valid insurance and the tag was cancelled. During a search of the vehicle, due to the substance located, an opened bottle of beer was also located behind the driver seat.
I also spoke with deputy Kirby. He stated that he was flagged down by a truck driver while he was on another call. He stated that the truck driver advised there was a male passed out behind the wheel of a truck at a traffic light.
Deputy Kirby stated that when he got to the male, he was still passed out sitting at a green traffic signal with the vehicle still in drive. Deputy Kirby stated that he opened the driver door and shook the male and woke him up. Deputy Kirby stated that as Mendez came around that he shook his legs around trying to shake the baggie down between his legs so that deputy Kirby could not see it. Deputy Kirby stated that he then retrieved the baggie and that was about the time that I arrived on scene.
The vehicle was towed by union point towing and Mendez was transported to the Whitfield County Jail. Upon arrival at the Jail, the substance field tested positive for methamphetamine. Mendez was then charged with the following: 16-13-30 possession of methamphetamine 40-6-184 impeding flow of traffic 40-6-10 no insurance 40-6-253 open container 40-6-15 cancelled tag all charges were listed on warrantless arrest #64468. No further action was taken.