On Monday, January 30, 2017, at 12:20 A.M., while traveling South on McGrath Hwy., I observed a gray Honda Civic pass several vehicles from the right, fail to signal while changing lanes, then continued to travel at a high rate of speed on McGrath Hwy, I estimated the speed to be 65 mph in a 35 mph zone.
I activated my lights and sirens and stopped the vehicle near the intersection of Middlesex Ave. and McGrath Hwy. Officer Khoury (East-4) and Officer Ruf (200) responded as backup. This is a public way, state highway in the city of Somerville.
I approached the vehicle and asked the operator for his license and registration. While talking to the operator, who was later identified as Abner Bernadeau, I detected a strong odor of burnt marijuana coming from inside the vehicle and noticed that Mr. Bernadeau’s eyes were red. I asked Mr. Bernadeau if he smoked marijuana in the car, and he replied “Yes, a little while ago.” I then asked him “what’s a little while ago” and he replied “maybe an hour or two.”
I asked Mr. Bernadeau to step out of the vehicle and take a field sobriety test to which he agreed. When Mr. Bernadeau exited the vehicle he was unsteady on his feet and had a strong odor of burnt marijuana on his person. He was holding his wallet in his hand, and I asked him to hand it to me but refused stating “No I have something in there.” I ordered him a second time to hand me the wallet and he complied. I asked Mr. Bernadeau what he has inside his wallet, and replied “Just cash.” I checked the wallet for contraband and found none. It contained Mr. Bernadeau’s social security card and a large amount of cash. I handed the wallet to Officer Khoury and informed Mr. Bernadeau that he will get back when done with the test.
I turned the blue lights off, and administered the test on the side of the road, on a well-lighted, flat, non-slippery surface.
The first test I administered was the Horizontal Gaze Nystagmus (HGN.) During this test, Mr. Bernadeau moved his head left and right and was unable to follow the instruction.
The next test was the Walk and Turn test, I explained, demonstrated, and administered the Walk and Turn test to Mr. Bernadeau. I instructed Mr. Bernadeau to place his left foot on the line and put his right foot in front of it, with his right heel touching his left toe and keep his hands by his side, then take nine heel-to-toe steps on the line, turn around keeping one foot on the line, and return nine heel-to-toe steps.
Mr. Bernadeau took 13 steps, and raised his arms to maintain balance. He turned around and took 12 steps back, and stepped off line.
I then explained, demonstrated, and administered the One Leg Stand to Mr. Bernadeau. I instructed Mr. Bernadeau to stand with his heels together and arms by his side, and raise one leg approximately six inches off the ground, foot pointed out, keep both legs straight and keep eyes on the elevated foot, and while holding that position to count out loud; one thousand and one, one thousand and two, one thousand and three, and so forth until told to stop.
During this test, Mr. Bernadeau was unable to raise his foot off the ground for more than one second, and raised his arms to maintain balance each time he tried.
Based on my observations, I placed Mr. Bernadeau under arrest for OUI drugs and placed him in the prisoner transport. I removed the two male passengers from the vehicle and located a small clear plastic bag containing a green leafy substance believed to be marijuana in the cup holder, and a marijuana blunt on the dashboard directly in front of the driver seat. Officer Ruf located a digital scale inside the center console.
One of the two passengers was licensed; however, he was under the influence of drugs, and unable to safely operate the vehicle. At this time I requested a tow and conducted an inventory of the vehicle.
During the inventory, I located a white plastic bag inside the trunk. The bag contained seven individual clear plastic bags of a green leafy substance believed to be marijuana. Each bag weighed approximately one ounce, a total of seven ounces.
I conducted a query of Mr. Bernadeau’s criminal record and found that he has an open case for possession to distribute class D.
Based on the following:
– Individually packaged marijuana.
– Digital scale.
– $1504 cash (71 $20 bills, 3 $10 bills, 10 $5 bills, and 4 $1 bill.)
– Bernadeau’s cellular phone rang during car stop and at the booking window countless times.
– Open case for Possession to distribute class D out Waltham District Court.
Mr. Bernadeau was charged with possession to distribute class D. He was transported to the Somerville Police Headquarters via unit 200, operated by Officer Ruf, and booked by Lieutenant Lavey.
The cash, cellular phone, scale and drugs were seized and place into evidence.
I issued citation# R7881295 to Mr. Bernadeau for OUI drugs, speeding, and failure to signal.
Officer Samir Messaoudi #312
Somerville Police Dept.