Priceville police officer spars with defense in court over I-65 drug arrest

Yahoo

14-05-2025

May 14—The defense attorney for a couple arrested in Priceville last month sparred with the arresting officer in Morgan County District Court on Tuesday, challenging the legality of the traffic stop and pointing to conflicting statements the officer made about the contraband allegedly found in the couple's vehicle.
On the night of April 30, Pensacola, Florida, residents Jonathan Garrett Green, 38, and Britney Jenay McKinney, 33, were arrested on charges of drug trafficking and child endangerment after a traffic stop on Interstate 65.
In an affidavit, Priceville Police Officer Patrick Wiley said the stop was initiated because of an obstructed windshield and because Green was driving 56 mph in a 70 mph zone. Wiley wrote that the "odor of raw and burnt" marijuana and "marijuana shake," or parts of marijuana flowers, in plain view gave police probable cause to search the vehicle. When Green and McKinney refused to exit the car — with a child in the backseat — Priceville police said they forcibly removed both adults. Video of the arrest by a screaming McKinney shows an officer breaking the driver's window to drag Green out of the vehicle.
Inside the vehicle, police alleged finding 157 grams of THC concentrate oil, 127 grams of marijuana, drug paraphernalia and two firearms.
Defense attorney Carl Cole argued the stop was unjustified and accused police of making misleading statements.
Wiley, who initiated the stop, testified on the witness stand Tuesday, questioned by both Cole and Assistant District Attorney Garrick Vickery. Vickery began by asking Wiley why he pulled over Green's black Mercedes-Benz C-300.
Wiley said the stop was based on "multiple violations," one being an obstructed windshield.
"The first thing I observed was a dark, non-transparent tint that made it impossible to see the vehicle's occupants from the outside," Wiley said. "Then, I observed the vehicle gradually coast onto the on-ramp and back into lane two."
Vickery then asked what happened once the stop was made. Wiley said he approached the passenger side, where McKinney was sitting, and saw a window slightly cracked with marijuana smoke coming out.
"I asked Green for vehicle documents and a license, and he immediately began challenging the stop," Wiley said. "I also observed a toddler asleep in a car seat in the rear passenger side."
Wiley testified he smelled freshly smoked marijuana and later found "smoked joints" in McKinney's purse. McKinney, seated beside Cole and Green, reacted visibly when Wiley mentioned the joints.
"Why did you say you saw smoke when it's not in your original report?" Cole asked.
Wiley insisted it was in the affidavit, but Cole handed him a copy for him to read aloud to the court. The affidavit cited the odor of raw and burnt marijuana and marijuana "shake" in plain view as probable cause — but made no mention of smoke rolling from the window.
"Can you swear or affirm that anything you found was freshly smoked marijuana?" Cole asked.
"It was burnt," Wiley said.
"So the answer is no?" Cole asked, to which Wiley did not reply.
Cole said the marijuana and THC products were authorized by prescriptions. Wiley acknowledged the bags appeared to be from a dispensary and had Green's and McKinney's names on them.
"So, you've been in law enforcement six years," Cole asked. "Have you seen marijuana from medical dispensaries before?"
"Possibly," Wiley replied after a pause.
"Do you know the difference between recreational and medical dispensaries?" Cole asked. "Does Florida have recreational dispensaries?"
"I don't know," Wiley said.
"So you don't have any idea," Cole said.
Medical marijuana has been legal in Florida since 2016, but recreational use is illegal.
The conversation returned to the window tint. Morgan County District Judge Shelly Waters asked Wiley how long he followed Green before initiating the stop. Wiley said about 3 miles.
Cole asked if Wiley measured the tint, and he said no.
"You wrote a ticket for an obstructed windshield," Cole said. "But you just told this court you didn't."
"That is what you said," Waters told Wiley. "That may not be what you meant, but that's what you said."
Cole asked if Wiley had checked whether the tint violated Florida law. Wiley said he had not.
"Do you believe it's illegal for a car with tint approved by another state to drive through Alabama?" Cole asked.
"Yes," Wiley said.
"So, anyone driving through Alabama with tint that's too dark is going to get a ticket in Priceville?" Cole asked.
Cole also noted that Wiley said he identified the tint issue while the car was going 70 mph at 9:30 at night.
The child endangerment charge stems from McKinney allegedly allowing her child to be exposed to THC concentrate and marijuana while seated within arm's reach of the drugs.
Cole asked Wiley if he believed the child could reach the THC products, which were in a locked bag on the backseat floor. Wiley claimed they were in the back center console and said the child had unbuckled his car seat during the altercation between police and the adults, making it possible.
Waters ultimately found probable cause to bind the case over to a grand jury.
McKinney had recorded a 47-minute Facebook Live video of the traffic stop. Waters paused the hearing to watch it while Cole and Vickery looked on, and Wiley stood in silence with his head down.
"At this point in time, I do find probable cause because a child was in the backseat," Waters said.
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