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COUCH v. CITY OF SHEFFIELD1/9/1998
r of the building in the shadows. They were huddled up together appearing to me to be engaged in some suspicious activity. I turned the patrol car into the parking lot of the Stagecoach Lounge, and when I was noticed by the two (2) persons they began to move quickly towards the entrance of the lounge and away from me. I addressed the two (2) persons and asked them to stop because I wanted to speak with them. I got out of the patrol car and walked up to them, approached them, and talked to them. I had radioed for a backup patrolman and he arrived at this time.
"During my experience as a police officer I have had many occasions to observe intoxicated persons and have made many arrests for public intoxication and driving under the influence . Also, I am familiar with the smell of marijuana and alcohol on a person who has used or consumed these substances.
"In standing near the two (2) persons and talking with them, I smelled marijuana and alcohol on both of them. One of the persons identified as Billy Joe Berryman was obviously extremely intoxicated. The other identified as Travis Ray Couch was less intoxicated. Mr. Couch appeared to be nervous, and his eyes were glazed and red, and based upon my observation of him, I was of the opinion that he was under the influence of either alcohol or some substance. Also, Mr. Berryman, in
my opinion based on my observation, was under the influence of something, either alcohol or marijuana. At that time, I placed both of these gentlemen under arrest.
"At that time it was my opinion that both Mr. Couch and Mr. Berryman were in such a condition that they were a danger to themselves and to the public, and that neither of them could safely operate a motor vehicle. Both Mr. Couch and Mr. Berryman were taken to the Sheffield Municipal Building and booked for public intoxication.
"At that time Mr. Berryman, who admitted he was under the influence of alcohol and marijuana, gave me permission to search his motor vehicle which was parked in the lot of the Stagecoach Lounge. After leaving Mr. Couch and Mr. Berryman in the care of the policeman on duty at the Sheffield Municipal Building, I returned to the Stagecoach Lounge parking lot and investigated the vehicle identified by Mr. Berryman, and in said vehicle found marijuana and associated paraphernalia. The vehicle was located in close proximity to where Mr. Couch and Mr. Berryman were standing when I first saw them.
"In transporting Mr. Couch from the Stagecoach Lounge to the Sheffield Municipal Building he made a statement to the effect that he did not believe that he was intoxicated and asked if when I found that out, I would give him a ride back to his car parked at the Stagecoach Lounge.
"When Mr. Couch's case was set for trial in the Sheffield Municipal Court, he was represented by Attorney Cliff Wright, and Mr. Wright asked me if I would have any objection if the charge against Mr. Couch were not prosecuted, inasmuch as Mr. Couch was of young age and apparently had no other prior conviction and did not cause any problems or difficulties at the arrest or while in jail at the Sheffield Municipal Jail. I told Mr. Wright that since I had gotten Mr. Couch off the street so as not to be a danger to himself or others, I had no objection if the city prosecutor did not want to proceed with the prosecution. For some reason the case was not reached on that occasion, and at a later setting Mr. Couch was represented by Attorney Dennis Odem, and Mr. Odem asked the same thing of me that Mr. Wright had asked, and I told him as well that I had no objection to Mr. Couch not being prosecuted for the charged offense if the city prosecutor did not want to pursue the matt
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