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Driver: Police had no reason for exit order
Thursday, 15 January 2009 16:37

A Pembroke man who was in court Monday says police did not have ample reason for asking him to exit his vehicle outside a Plymouth pub last February.

Robert H. Grey Jr., 47, of Hillside Avenue, was in Plymouth District Court on Monday, Jan. 12 for a hearing on a motion his attorney filed to suppress evidence and statements obtained by Plymouth police. According to the motion, there was nothing in the officer’s report that gave adequate reason for ordering Grey from his car — no indication the officer feared for his safety and no evidence of “aggressive, furtive movements” or mention of weapons.

In his report, the Plymouth officer said he was patrolling the area around North Plymouth center around 10:30 p.m. on Feb. 16, 2008, when he observed a minivan drive on the wrong side of the road and park facing the wrong direction in a space in front of Corner Pocket Pub. When he pulled next to the car and attempted to speak to the driver through the window, Grey refused to roll down his window, according to the police report. The officer than pulled behind the car, turned on his lights, and approached the window on foot. The officer asked Grey several times to put down his cigarette and turn down the radio, but he refused, and several people exiting the bar kept interrupting, according to the report, so the officer told Grey to step outside so they could talk.

Noting Grey’s bloodshot eyes, slurred speech and strong odor of alcohol,  the officer issued field sobriety tests and asked him if he had been drinking, and if he had anything on his person the police should know about.

Grey allegedly admitted to drinking two beers and said he had some pills in his pocket, according to the report. The officer noted a black film canister containing assorted pills, which Grey said were prescribed to him. The pills later were identified as Vicodin, Percocet and Flexeril, and no prescriptions were turned in, according to the report.

Grey was arrested and charged with OUI third offense, marked lanes violation and Class B, C and E drug possession. He is due back in court on Feb. 3 for another motion hearing.

 

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