Arrest narratives

Arrest narratives Thursday, Nov. 28, 2002 The Oregonian has secured the arrest narratives written following the marijuana citations given to Rasheed Wallace and Damon Stoudamire: Sergeant Rob Huss #129 02-012-908 Date: 11/21/02 On November 21, 2002, at approximately 23:58 hours I was parked in the I-5 median at MP 85, within Lewis County, operating a stationary speed measuring device (#R363). I observed the lone vehicle, a yellow Humvee 2, traveling southbound in lane #1 of 2, traveling at 84 MPH in the posted 70 MPH zone. I entered southbound I-5, activated my patrol vehicle emergency lights, and stopped the vehicle, Oregon license - SCL BUS, just north of MP 84. I conducted a passenger side contact on the vehicle, contacting the driver and two passengers, and notifying the reason for the stop. I immediately observed a strong and obvious odor of Marijuana coming from the passenger side of the vehicle. Note: Both the driver side window and the right front passenger window were down. I requested the driver's license, the vehicle registration, and vehicle insurance. The driver provided his Oregon driver's license, which identified him as Edward L. Smith of Tualatin, Oregon and the vehicle insurance, which listed Damon L. Stoudamire as the owner. The right front passenger identified himself as the owner, Damon Stoudamire, and provided his Oregon driver's license. I notified Smith, Stoudamire, and the rear seat passenger - Rasheed A. Wallace that I observed the odor of Marijuana coming from the vehicle. All three occupants acted as if they didn't know what I was talking about, denying that they had or were in possession of Marijuana. I directed Stoudamire to exit the vehicle, and directed Smith and Wallace to remain in the vehicle, Smith sarcastically and in a disgusted tone responded, "Man, I can't believe your going to play it this way." I requested WSP communications to have a second trooper respond to the scene, indicating that I was in contact with three subjects and had an odor of Marijuana coming from the vehicle. At approximately 00:02 hours I advised Stoudamire of his Miranda Rights, again advising him that I recognized the odor of Marijuana coming from his vehicle and that he had the odor of Marijuana on his person, as well as alcohol, I observed Stoudamire's eyes appeared bloodshot and glazed. Stoudamire indicated he had been drinking a Smirnoff Ice in the vehicle. I asked Stoudamire where the Marijuana was in the vehicle. Stoudamire hesitantly admitted that Marijuana had been smoked in the vehicle, but state that it had all been burned up and/or smoked. Stoudamire said if there was more Marijuana in the vehicle, it was put in the vehicle without his knowledge, possibly by the driver - Smith. I asked Stoudamire if he had any Marijuana on his person, Stoudamire indicated he did not; emptying his pants pockets, which revealed only his money and an ID holder. For officer safety purposes, I placed Stoudamire in my patrol vehicle, advising him that he was being detained until another officer arrived on scene and a check of his vehicle could be performed. At approximately 00:08 hours Trooper Brian Dorsey #925 arrived on scene. I explained to Trooper Dorsey the reason for the stop and my observations of the vehicle and the occupants. Trooper Dorsey and I contacted the vehicle and directed Smith and Wallace to exit the vehicle. I again explained to Smith and Wallace that the vehicle smelled, of what I recognized as being Marijuana. Smith and Wallace denied any knowledge, again acting as if they didn't know what I was talking about. I advised Smith and Wallace of their Miranda Rights, again explaining that through my training and experience what I recognized coming from the Humvee was the odor of Marijuana that had either been recently smoked or was still in the vehicle. At that point Wallace stated that they had smoked one "J" in the vehicle, meaning one Joint and/or Marijuana cigarette. Wallace said the Marijuana had all been smoked and was gone. I asked if Wallace and Smith had any Marijuana on their person, both indicated no, emptying their pockets to show that they did not. Wallace and Smith were detained and placed in Trooper Dorsey's patrol vehicle. At approximately 00:30 hours Trooper Dorsey requested Centralia K-9 Officer Tracy Murphy #313, to respond to the scene with his dog, Bak; who was trained in drug detection. I explained to Stoudamire that a search of his vehicle was going to be completed and that a K-9 unit was going to respond to the scene to assist. Stoudamire responded that he had no knowledge of other Marijuana being in the vehicle, explaining that if the driver (Smith) had put it in the vehicle, it was done without his knowledge. While awaiting Officer Murphy's arrival, Stoudamire explained a previous arrest that had occurred a month or two earlier in Portland, in which he was arrested for possessing a large quantity of Marijuana in his home, which had been discovered during a search of his residence, in response to security alarm activation. Stoudamire indicated he was found not guilty of the charge because an illegal search had taken place. At approximately 00:50 hours Officer Murphy arrived on scene. I explained to Officer Murphy the reason for the stop, my observations of the vehicle and the occupants, the fact that Smith, Wallace, and Stoudamire had been advised of their constitutional rights, and Wallace and Stoudamire's admittance that they had smoked Marijuana in the vehicle. Officer Murphy and I walked up the Humvee, which still had the driver side and passenger side windows down (approximately 30+ minutes). The vehicle still smelled very strong of Marijuana. Officer Murphy contacted Stoudamire, identified himself, and notified Stoudamire that the vehicle smelled strongly of Marijuana. Officer Murphy asked Stoudamire to tell him where the Marijuana was in the vehicle prior to the placing him dog inside the vehicle. Stoudamire again indicated that he had no knowledge of more Marijuana being in the vehicle, explaining that if the driver (Smith) had put it in the vehicle, it was done without his knowledge. Officer Murphy and I performed a search of the vehicle's passenger compartment and opened and/or unlocked containers/compartments. While checking the vehicle, Officer Murphy and I observed a small leaf of green vegetable matter (Marijuana) on the right front passenger floorboard. I observed a small leaf of green vegetable matter (Marijuana) on the right rear floor board and ashes on the rear passenger seat. Also located was as an open Smirnoff Ice bottle - ½ empty, leaning against the back of the driver's seat. Officer Murphy opened the unlocked glove box, located on the right front passenger side, at which point we observed a small clear baggie of green vegetable matter (Marijuana) laying behind a sample size bottle of Grand Marnier liquor. Officer Murphy removed a small tin box from the glove box, which contained residue that appeared to be Marijuana. I located a small tin box containing Marijuana residue, with a Bob Marley picture on it, in the seat pouch, located on the back of the right front passenger seat; in front of Wallace's seat position. I went back to Stoudamire, had him exit the patrol vehicle, handcuffed him, and advised him that he was under arrest for Possession of Marijuana, Stoudamire attempted to act surprised that Marijuana was located in the vehicle. Officer Murphy and Trooper Dorsey removed Wallace and Smith from Dorsey's patrol vehicle, handcuffed them, and advised them that they were under arrest for Possession of Marijuana. Officer Murphy and I went back up to the Humvee, removing the contraband we had located and turning it over to Trooper Dorsey for collection. During this time Officer Murphy and I located a small burnt Marijuana cigarette sitting on the floor between the right front passenger seat and the center console. Officer Murphy also located white cigarette rolling papers on the center console. All contraband was removed from the vehicle and allowed to air out for ten to fifteen minutes before the Officer Murphy used his dog to search the vehicle and its contents. No other contraband was found. Stoudamire, Wallace, and Smith were all cited for Possession of Marijuana - Less than 40 grams and given mandatory court dates, in addition Smith was cited for the speed violation 84 MPH in the posted 70 MPH zone. Although Smith continually denied smoking the Marijuana, while receiving his citation and infraction, Smith apologized, indicating that it was all his fault, and thanking me for not taking them all to jail. Smith admitted that he knew about the Marijuana but he just didn't want Stoudamire or Wallace to get into trouble, indicating it would have never happened if he hadn't been speeding. See attached reports from Trooper Dorsey #925, and Centralia Officer Murphy #313. Refer to criminal citations: #C0336303 (Stoudamire, Damon L.) #C0336305 (Wallace, Rasheed A.) #C0336304 (Smith, Edward L.) Although they initially denied possessing, smoking, or having knowledge of Marijuana in the vehicle, Stoudamire, Wallace, and Smith were polite and respectful during the entire contact. All evidence was entered into the WSP evidence system by Trooper Dorsey. I certify (declare) under the penalty of periury under the laws of the State of Washington that the foregoing is true and correct (RCW 9A. 72.085). Sergeant Rob Huss #129 WSP 05/06 ADDITIONAL NARRATIVE Centralia Police Department INCIDENT CLASSIFICATION Department Assist - WSP INCIDENT NUMBER 02A-16438 On the listed date at approximately 0035 hrs, while off duty, I was called out and requested to respond to the area of S/B I-5 around mile post 84 with my department's Police Service Dog, Bak, to assist the Washington State Patrol with the search of a vehicle for illegal drugs. I arrived on scene at approximately 0050 hrs and observed two marked WSP vehicles parked behind a yellow Humvee, OR license SCLBUS, on the right shoulder. After exiting my vehicle I noticed that there were two subjects in the back seat of Trooper Brian Dorsey's patrol vehicle and one subject in the back seat of Sgt. Huss' vehicle. I made contact with WSP Sgt. Rob Huss. Sgt. Huss advised me that he had stopped the vehicle for speeding, when he made contact with the occupants at the vehicle he could smell a strong odor of marijuana coming from the passenger compartment. Sgt. Huss further informed me that the occupants had been advised of their Miranda warnings, waived them, and had admitted to smoking marijuana inside the vehicle. He was told that it had only been one joint and that it had been completely smoked up. Sgt. Huss also informed me that there were open alcoholic beverage containers inside the vehicle. I went up to the Humvee, which was unoccupied with both the front passenger and driver's side door windows down. As I was walking by the rear passenger side door, I was overwhelmed with the odor of un-burnt marijuana coming from open front passenger window. The odor became stronger the closer I came to the open window. I confirmed with Sgt. Huss that he had been told that the marijuana had been smoked inside the vehicle and that there wasn't anything left. I further confirmed with him that the vehicle had been stopped around midnight and that the windows had been down since around that time. Due to my training and experience with the odor of both burnt and un-burnt marijuana I find it improbable that there would be such a strong odor of un-burnt marijuana, that I could detect, coming from the vehicle if there was none inside the vehicle. This is taking into account that the vehicle had been airing out for just under an hour. I find it equally as improbable that the odor of burnt marijuana from one marijuana cigarette (joint) would be detectable by me for the same reason. Sgt. Huss told me that the registered owne: of the vehicle, A-1/STOUDAMIRE, who had been sitting in the front passenger seat at the time of the stop, was sitting in the back seat of his patrol vehicle. I made contact with STOUDAMIRE and advised him who I was and what I was doing there. I further advised him that I could smell a strong odor of un-burnt marijuana coming from the vehicle and that I believed that there was marijuana inside his vehicle. I told him that I planed on putting my dog into his vehicle to search for the marijuana and that to avoid getting the seats dirty or causing any damage I asked him if he would just tell me where it was. STOUDAMIRE told me that he did not know if there was anything inside the vehicle, and that they had already smoked what they had. I explained to him that the odor of un-burnt marijuana was so strong that I knew there was some inside the vehicle. STOUDMIRE told me that he was not sure if the driver had put something somewhere and appeared to become increasing uneasy. I asked him what he meant by that statement. He seemed to be evasive and replied that I knew what he meant and that the driver could have put something somewhere that he did not know of. While talking with STOUDAMIRE I noticed that his eyes were red, watery and the area around his eyes were red-rimmed. I asked STOUDAMIRE to stick out his tongue. He did and I noticed that the back portion of his tongue was bumpy and coated with pasty whitish brown substance. Due to my training and experience I recognized these as objective symptoms indicative of recent marijuana ingestion through smoking. Sgt. Huss and I went up to the Humvee to search it for illegal contraband (marijuana and paraphernalia). This is due to the plain smell doctrine and the automobile exception to a warrant-less search. Upon opening the front passenger side door I immediately observed a small piece of green vegetable matter, about the size of a popcorn kernel, on the passenger side floorboard just in front of the seat. I observed a second piece of green vegetable matter, slightly smaller than the first, on the front passenger seat near the fold of the seat. I believed this matter to be marijuana. I pointed them out to Sgt. Huss. I then checked the glove box, which was unlocked. Once open I observed a clear plastic zip-lock type sandwich baggie containing a green vegetable matter, which appeared to be marijuana, stuffed behind a small bottle of Grand Marnier liquor on the far left side of the glove box. Also inside the glove box was a thin silver in color metal tin. The tin was empty, however it reeked of un-burnt marijuana, and there was a visible dust coating on the inside of the tin. It appears as though the container at one time contained marijuana. I went back with Sgt. Huss to his patrol vehicle where he advised STOUDAMIRE that he was under arrest for possession of Marijuana and secured him in handcuffs. STOUDAMIRE was then secured back in the back seat of Sgt. Huss' patrol vehicle. I then went back to Trooper Dorsey's patrol vehicle and stood by while A-2/WALLACE, the rear passenger of the vehicle, and A-3/SM1TH, the driver, were taken out of the vehicle and handcuffed. Both were then secured back in the patrol vehicle. I went back to the Humvee and collected the two loose pieces of green vegetable matter, placing them in the metal tin. I handed the tin to Trooper Dorsey. I removed the bag of marijuana from the glove box and also handed it to Trooper Dorsey. I then continued searching the front passenger/driver area of the Humvee while Sgt. Huss was searching the rear passenger area. In the center console between the front seat I located an open pack of cigarette rolling papers. I removed them and handed them to Trooper Dorsey. I also located a small portion of a partially smoked marijuana cigarette (commonly called a roach) on the floor between the front passenger seat and the center console. After retrieving the marijuana cigarette I noticed that it smelled of burnt marijuana. The marijuana cigarette was turned over to Trooper Dorsey. After Sgt. Huss and I searched the Humvee and removed all marijuana and paraphernalia that we located I allowed the vehicle to air out for about 10 minutes before have Bak search the vehicle. When we went back up to the Humvee I could no longer smell the odor of marijuana coming from the passenger compartment. As Bak was searching the vehicle he showed several changes in behavior but never gave an alert. The areas where I observed the changes in behavior ffom Bak were where the suspected marijuana and paraphernalia had already been located and recovered. Nothing else was located inside the vehicle. This concluded my involvement with the investigation. STOUDAMIRE, WALLACE, and SMITH were cited and released for possession of marijuana by the Washington State Patrol. All three left in the Humvee. Nothing further. -END - OFFICER NAME/NUMBER T. MURPHY #313 WASHINGTON STATE PATROL TROOPER: L. Brian Dorsey BADGE #: 925 SUSPECT: (s) Damon L. Stoudamire, Edward L. Smith, Rasheed A. Wallace CHARGE: RCW 69.50.401 Possession of Marijuana (less than 40g.) LOCATION: SB I-5 MP 84 Lewis County CASE#: 02-012908 DATE: November 21, 2002. Citation #s. Stoudamire C0336303. Smith C033604. Wallace C033605. Details: On 11-21-02 at 12:08 AM, I assisted Sergeant Rob Huss #129 with a traffic stop at southbound I-5 near milepost 84. At the scene I noted Sgt. Huss was out with a yellow Hummer SUV, bearing Oregon personalized plates SCH BUS. Sgt. Huss advised he had stopped the Hummer for speeding, and, upon contacting the driver and occupants of the vehicle, he noted an obvious odor of marijuana coming from within the vehicle. Prior to my arrival, Sgt. Huss had the front passenger, later identified as Damon L. Stoudamire, exit the vehicle. Sgt. Huss placed Stoudamire in the back of his patrol car. I opened the front passenger door of the SUV, I also noted the strong, obvious odor of marijuana. Sgt. Huss and I had the driver, Edward L. Smith, and back seat passenger, Rasheed A. Wallace, exit the vehicle. Sgt. Huss asked Smith and Wallace about the Marijuana odor. At first, both Smith and Wallace denied there was any marijuana in the vehicle. At this time Sgt. Huss advised them of their Constitutional Rights; furthermore, he advised them he was quite familiar with the smell of marijuana through his training and experience. He explained to them it was obvious there was either marijuana in the vehicle, or somebody had recently smoked marijuana in the vehicle. I then told Smith and Wallace that I would be making arrangements for a narcotics K-9 unit to assist with a search of the vehicle. Having said that, Wallace stated, "We had smoked a "J" as we were driving down the freeway." I asked him where in the vehicle the rest of the marijuana was. Wallace stated "We smoked it all." I placed Smith and Wallace in the back of my patrol car while we waited for K-9 Officer Tracy Murphy to arrive at the scene. When Officer Murphy arrived, the vehicle was searched without the assistance of his dog. During the search of the vehicle, small amounts of marijuana were discovered on the seats and floorboards. A small plastic bag of marijuana was discovered in the unlocked glove box. Also discovered were two small metal tins. One of the tins had the image of Bob Marley on the lid. Inside each tin I noted the odor of marijuana and trace amounts of green vegetable matter (GVM). The remains of a burnt marijuana cigarette, approximately ¼ inch in length, was discovered beneath the front passenger seat. A packet of rolling papers was also discovered in the vehicle. At this time, Smith, Stoudamire and Wallace were asked to exit the patrol cars. They were placed in handcuffs and advised they were under arrest for the possession of marijuana. With the marijuana and the metal tins removed from the vehicle, Officer Murphy's K-9 was used to search the vehicle. The K-9 did not discover any contraband. Smith, Stoudamire and Wallace were cited for Possession of Marijuana. I pointed out their court date and time. They were then released. After clearing the scene, I returned to the Chehalis WSP Detachment where I placed the following items into the WSP evidence system. 1. Plastic baggie with 1 gram of marijuana. 2. Portion of burnt marijuana cigarette. 3. Metal tin with Bob Marley image containing trace amount of GVM. 4. Metal tin with "Revenge" logo containing trace amount of GVM. I certify (declare) under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Washington State Trooper: Date: 11-22-02 Place Signed: Chehalis WSP Detachment

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