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COUCH v. CITY OF SHEFFIELD1/9/1998
er.
"Mr. Berryman pled guilty to the charge against him and was duly fined by the municipal judge. Mr. Couch was tried and found not guilty by the municipal judge."
"My name is Al Blackburn. I am over the age of 19 years and reside in Colbert County, Alabama. I am employed by the City of Sheffield, Alabama, as a police officer. I hold the rank of Captain. I have been employed as a police officer with the City of Sheffield, Alabama, for over the past 15 years. In addition to my 15 years of experience with the City of Sheffield, Alabama, I have been duly certified as qualified to be a police officer by the Alabama Peace Officers Standards and Training Commission in accordance with the provisions of the laws of Alabama and have attended various schools and seminars in connection with my employment.
"On the night of July 1 (Saturday night) and the morning of July 2, 1995 (Sunday Morning), I was on duty and on patrol. I have reviewed the dispatch log of the Sheffield Police Department for the morning of Sunday, July 2, 1995. On that evening, I was operating Unit 10. At 12:37 AM, Officer Richard Lesley radio in that [he was] checking out two white males at the Stagecoach Lounge and requested backup. I responded to the backup call and arrived at 12:39 AM. When I arrived Officer Lesley was questioning two white . . . males next to the Stagecoach Lounge. I came to the same location and observed both individuals being questioned by Officer Lesley. One, who was identified as Billy Joe Berryman, was obviously extremely intoxicated. The other man, identified as Travis Ray Couch, was intoxicated, but to a lesser extent than Billy Joe Berryman. I was able to observe both men closely. Both men had strong odor of marijuana about their persons and clothing. I could smell a strong odor of alcohol on the breath of
both Billy Joe Berryman and Travis Ray Couch. Travis Ray Couch had eyes which were red and glazed. He appeared to be nervous and unbalanced while standing and being questioned. After I arrived, Officer Lesley went and search the area along the west side of the Stagecoach Lounge where he first stated he had observed Mr. Berryman and Mr. Couch huddled together. I stayed with Mr. Berryman and Mr. Couch while Officer Lesley searched this area. After Officer Lesley returned from searching the area, Officer Lesley placed both Mr. Berryman and Mr. Couch under arrest for public intoxication.
"As a police officer, I have observed many persons who are intoxicated. I have observed persons who are intoxicated from the use of alcohol alone; from the use of alcohol and marijuana; from the use of alcohol and other drugs; from the use of marijuana alone; and from the use of drugs. I have made numerous arrests for public intoxication and driving under the influence of both alcohol and marijuana, either used separately or used in combination. I am familiar with the requirements of section 13A-11-10, Code of Alabama 1975, for the crime of public intoxication.
"Based on my independent observations of Travis Ray Couch at about 12:39 AM until I cleared at 12:46 AM, there was probable cause to arrest Travis Ray Couch for public intoxication. Mr. Couch had odors of alcohol and marijuana on his breath and clothing. His eyes were red and glazed, which is sign of intoxication. He appeared nervous and unbalanced which are signs of intoxication. In my opinion Mr. Couch was not in a condition to operate a motor vehicle or attempt to carry on all normal functions of everyday life without endangering himself or other persons. Based on my observations, I would have placed Travis Ray Couch under arrest for public intoxication on the morning of Sunday, July 2, 1995 between 12:39 AM and
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