9/11/2014

City of Monroe PoliceDepartment arrest of

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Unaware what my future would hold I reluctantly accepted my role asbeing one

where I had to maintain a higher standard of morals than what wasdisplayed to me

by a City Council that would later reveal to me they had no honor atall. No, except

for maybe one because it would be demonstrated through a depositionand

information told to me in confidence that I halfheartedly willsomewhat share

herein. After removing my personal belongings from the Chief’s officeI took up a

desk in the Administrative/Records area of the department. Iunenthusiastically

went over where items were located within the office with the newlyappointed

Chief. It was difficult to manage containing the emotions I felthaving to follow

directions from someone who was once assigned as a supervisor on myshift when

he held the rank of Corporal just months before. But as a Marine, Ihad been

trained to have bearing and be like a tree in the forest bymaintaining discipline.

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Never reveal the inner emotions regardless of the circumstances. Thisday was

made even tougher because I had no clue that my executive officerwould not be

returning to the agency under the new Chief. I assumed the role ofChief

Investigator because I had witnessed a previous agency head fall backinto that

role after he declined a second six month probationary period duringhis

appointment as the Chief of Police. No sooner had I sat in the chairin the outer

office the phone rings and I am speaking with an anonymous caller whois upset

but very willing to snitch on someone after being pissed off forwhatever reason.

Naturally, I am eager to assist but by the desk not being my normalwork station I

do not immediately have at my disposal the necessary items to takenotes. The

anonymous caller starts telling me about a couple of incidents I hadno clue of

which involved the vandalism of machines and theft of coins from theSunshine

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Laundromat on East Spring Street. I tell the anonymous caller to giveme some

time to confirm the story and to call me back in 15 minutes. I confirmthe story

which was an ongoing investigation with another Lieutenant whom Ireplaced as the

Interim Chief. He confirms the anonymous caller’s information butreveals he had

not gained any leads in regards to the incident. Which seriously,there is very little

to accomplish when someone glues their backside to a chair in thedepartment still

sulking after what he may have felt was me undermining him in aposition he never

wanted anyway. Aware that since my employment with the departmentthere had

always been some kind of unspoken discourse between us. Even though Ialways

felt he betrayed the Fraternal Order of Police lodge he started andthat a former

female investigator was not being promoted as the Chief Investigatorof the

Criminal Investigations Division (CID). She was the senior rankingofficer but was

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never declared as the leading role officer for the CID. That is ofitself another story

for another time when it comes to the cohesion of the agency from myobservation

beginning in July of 1992.

As one can imagine I was immediately taken aback about hownonchalantly this

investigator expressed his attitude about the crime and how donenothing

meaningful to address the victim/business owner’s plight. It was not atotal surprise

but still I detested his shortcomings and short sightedness to dealwith yet another

issue that had fallen into my lap to handle but in a way it was a goodthing because

I would not have to endure another sickening car ride with the newChief just for

the sake of his, unbeknownst to me initially, attempt to show the CityAdministrator

that he and I could forge a relationship built on a life. The “thinblue line” that many

officers speak only exists when they need your support it does nottranslate that we

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have always enjoyed solidarity trust me on that. It is mostly adivisive tool that is

meant to suggest a code of silence when another unjustified orunprofessional act is

being accepted as a painful reminder that for some reason the truth inthe oath

taken should just be removed altogether because many have fallen shortof

obtaining it let alone proving it. Just as pitiful as it was to watcha successful

business person shame a corporation by being fouled mouth calling ateenager a

nigger and calling for her arrest but on that day he would be deniedto understand

the badge I wore stood for something much more than the money in hisbank

account. Especially, when the authority rested upon my chest to sether free,

although all parties should have been taken to jail or at least citedfor the fiasco

they created in the parking lot that Sunday. I do recall this teenagerprevailing if

only just for the moment before a good judge decided against her inthe following

weeks.

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After speaking with the investigator I asked some young hotshots tokeep the

residence under surveillance overnight and monitor the activity.Anything

suspicious was to be reported to me as soon as possible because I didnot want to

lose the quarry. The anonymous caller was adamant that Taylor would bein

possession of some quantity of real crack cocaine and some flex. Myinitial inquiry

into Taylor’s background revealed there was an outstanding warrant forhis arrest

pending with the Walton County Sheriff’s Office (WCSO) but that it hadnot been

served yet. I managed to get a copy of the original faxed to thepolice department.

I do not recall specifically what was happening on the 16th but noattempt was

made to secure Taylor that night because by good fortune the elementof surprise

rested with me and the personnel that would be selected to make thearrest. On

the morning of May 17, 2002, Sergeant Mike Matthews (a School ResourceOfficer),

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rookie officers Gillespie, McCloud, and me met in the rear of the oldCity Hall for a

tactical briefing. After devising a plan and being aware there werethree doorways

that had to be secured we proceeded to Roosevelt Street based on ananonymous

tip with the copy of a warrant provided to us by the WCSO. Uponarrival and

parking as close as we could Monroe Police Department executed theoutstanding

warrant for Taylor's arrest. As we were approaching the residenceTaylor was

exiting the side door which faces directly towards Roosevelt Street.Our service

weapons had already been drawn due to the nature of the call.Immediately Taylor

was given commands to stop and face the residence with his handsremaining

visible. He was just as surprised as we were to have caught him as hewas exiting

with a black pouch in his hands and some other personal bag as well.Sergeant

Matthews took Taylor into custody and handcuffed him as I informedTaylor he was

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under arrest for the warrant I possessed. Sergeant Matthews thenconducted a pat

down search of Taylor's person where he discovered a total of 56 offwhite color

small rock shaped substance inside of a pill bottle. Taylor’s pouchand personal bag

which he insisted be removed from the residence off a table justinside the front

room was inventoried and found to contain other paraphernaliaassociated with the

trade. We collected and placed into evidence small green “baggies” ofthe type used

for packaging, a razor blade, and a cell phone. The residence wassecured until a

warrant could be obtained later after Taylor was transported andbooked into the

WCSO jail.

AFFIDAVIT FOR SEARCH WARRANT MAGISTRATE COURT WALTON COUNTY, GA.

*******************************************************************

The undersigned being duly sworn deposes and says that he has reasonto believe that on the premises, curtilage, and lot described as:

#Roosevelt Street Monroe, Walton County, Georgia. The residence beinga single family dwelling, blue in color with a black shingle roof, and

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white trim. The front of the residence is identified by # printed ona black mailbox with black numbers on a white background. Theresidence is arrived at by using the Hwy 11 turning left onto MarableStreet, traveling east on Marable Street staying to the left whiletraveling underneath Hwy 78 Overpass and taking a left onto RooseveltStreet, travel north # Roosevelt will be on the left.

There is now being concealed certain property namely:

1. Cocaine, which is evidence of a crime; specifically, a violationof the Georgia Controlled Substance Act;

2. Raw materials, products, and equipment of any kind which havebeen used, or intended for use in the manufacturing, compounding,processing or packaging of the above-described contraband, andare themselves subject to seizure;

3. Moneys, negotiable instruments, securities, or other things ofvalue, furnished or intended to be furnished by any person inexchange for controlled substances, proceeds traceable to such anexchange, and moneys, negotiable instruments, securities, orother things of value used to facilitate a violation of theGeorgia Controlled Substances Act;

And the facts tending to establish the foregoing grounds for issuanceof a search warrant are as follows:

I, Lieutenant Rodney Sims hereinafter referred to as the Affiant, am acertified Police Officer with the Monroe Police Department and servein the capacity as an Investigator. I have ten years of lawenforcement experience; my drug experience has been to serve as anundercover officer. I have participated in the execution of numeroussearch warrants, resulting in arrests and seizure of contraband.

The Affiant believes that a search of the premises, curtilage, and lotdescribed as # Roosevelt Street, Monroe, Walton County Georgia will

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reveal the presence of contraband, specifically, cocaine, in violationof the Georgia Controlled Substance Act, instrumentalities used tofacilitate said violation, written records and other evidence oftransactions in illegal narcotics, as well as other items ofcontraband.

The Affiant believes this because of the following reasons:

1. On 051702 at approximately 0800 hours your Affiant alongwith other Monroe Police Department officers were at #Roosevelt Street and arrested a known drug dealer in frontof # Roosevelt Street at which time your Affiant believesthat the subject hid a quantity of drugs and then exited theside door of the residence. A quantity of crack cocaine andU.S. currency was found on his person. The subject gavestatements that his source always came to his residence fromwhich is the above named location when he re-ups.

2. Independent investigation:

Your affiant has also had the opportunity to travel to theresidence and observed the residence does actually exist as #Roosevelt Street. A records check with Monroe Water, Light and Gasrevealed that utilities are connected to # Roosevelt Street in thename of Don L. Foster.

2. Because it is th experience of the Affiant that contraband iseasily concealed or destroyed, and that the possession of weaponsis often associated with illegal possession and trafficking innarcotics, and that there could be a number of persons at thelocation capable of concealing or destroying contraband, and acheck on Brent Butler’s criminal history revealed that he hasprevious convictions for possession of marijuana with intent todistribute and possession of marijuana less than one ounce, andfor the safety of the near by residents and the officers involved

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in the execution of this search warrant, it is the belief of theAffiant that probable cause exists for the authorization of a"No-Knock" entry into the structure.

_____X_____approved __________disapproved

5. Deponent shows that, based on the above and foregoing facts andinformation, he has probable cause to believe that the aforesaidproperty, namely cocaine, is concealed upon the aforesaid premises,curtilage, and lot and is subject to seizure and makes the affidavitso that a search warrant may be issued for the aforesaid premises,curtilage, and lot.

Sworn to and subscribed before me Judge of the _______________Court this 17TH day of May,2002 Walton County, Georgia

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SEARCH WARRANT MAGISTRATE COURT WALTON COUNTY, GEORGIA *******************************************************************

TO ANY LAWFUL OFFICER TO EXECUTE AND RETURN:

AFFIDAVIT HAVING BEEN MADE BEFORE ME BY: Lieutenant Rodney Sims

That he has reason to believe that on the premises, curtilage, and lotdescribed as:

# Roosevelt Street Monroe, Walton County, Georgia. The residencebeing a single family dwelling, blue in color with a black shingleroof, and red trim. The front of the residence is identified by #printed on a black mailbox with black numbers on a white background.The residence is arrived at by using the Hwy 11 turning left ontoMarable Street, traveling east on Marable Street staying to the leftwhile traveling underneath Hwy 78 Overpass and taking a left ontoRoosevelt Street, travel north # Roosevelt will be on the left.

There is now being concealed certain property namely:

1. Cocaine, which is evidence of a crime; specifically, a violationof the Georgia Controlled Substance Act;

2. Raw materials, products, and equipment of any kind which havebeen used, or intended for use in the manufacturing, compounding,processing or packaging of the above-described contraband, andare themselves subject to seizure;

3. Moneys, negotiable instruments, securities, or other things ofvalue, furnished or intended to be furnished by any person inexchange for controlled substances, proceeds traceable to such anexchange, and moneys, negotiable instruments, securities, or

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other things of value used to facilitate a violation of theGeorgia Controlled Substances Act;

4. Moneys, negotiable instruments, securities, or other things ofvalue which are found in close proximity to any controlledsubstances;

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5. Other property used, or intended for use, to facilitate theunlawful manufacture, distribution, dispensing, or possession ofcontrolled substances.

And, as I am satisfied that there is probable cause to believe thatthe property so described is being concealed on the premises,curtilage, and lot described above and that the foregoing grounds forapplication for issuance of the Search Warrant exists. You are herebycommanded to search forthwith the premises, curtilage, and lot namedfor the property specified, and making the search at any time in theday or night, and if the property be found there to seize it, leavinga copy of this warrant and a receipt for the property taken, andprepare a written inventory of the property seized and return thiswarrant, before me within ten days of this date, as required by law.

“No-Knock” Approved___X____Disapproved_______

This 17TH day of May, 2002 at __________ o’clock ___.M.

RETURN OF SERVICE_______________________

This Search Warrant was not executed and is returned to the judicial officer who issued it.

I executed this Search Warrant on the 17 th day of May, 2002 at 1124hrs and searched the person, premises, or property described in the warrant. Copies of this warrant:

Were left with Donald Foster.

Attached hereto is an inventory consisting of 1 page, of theinstruments, articles, or things, which were seized pursuant to thisSearch Warrant. This inventory was made in the presence of

Investigator Rodney Sims and I swear or affirm that this inventory isa true and detailed account of all instruments, articles, or thingsseized pursuant to this Search Warrant.

_____________________________________Affiant

Sworn and subscribed before me this

_______day of _________,_______.

SIGNATURE:

TITLE:

References:

http://caselaw.findlaw.com/ga-court-of-appeals/1088471.html

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