I was arrested this weekend.Submitted by Westfall on Tue, 09/25/2012 - 22:07
I was arrested this weekend. Here is a copy of the police report. If anyone has any contacts in the legal field who would be able to assist me, I would appreciate you having them contact me. Thanks.
Narrative- Weeks, John
On September 21, 2012 I was on routine patrol in the area of the Beebe ball park. I noticed a vehicle parked in the bak towards the swimming pool area. I ran the tag. The vehicle returned to Zachary Smart. I made contact with the driver Zachary Smart. I advised Mr Smart that the park closes at dark and he stated the sign says otherwise. I asked Mr. Smart why he was there and he stated that he would rather not say. I asked Mr Smart if he had anything illegal inside the vehicle and again he replied that he didnt want to answer. I ran him through ACIC/NCIC and his return came back valid. I then contacted Lt. Brian Duke to assist me. Mr Smart was asked to step out of the vehicle and submit to a sobriety test. Mr Smart refused to take off his glasses and was told he was under arrest for obstructing a governmental operations. Mr Smart refused to answer any questions after he was given his Miranda rights. Mr Smart was transported to the Beebe Police department, processed and given a Mandatory court date of November 5, 2012 at 10:30 AM. The vehicle was towed by Action wrecker. Mr Smart was transported to the White County Detention Center in lieu of a $225.00 bond.
Narrative- Duke, Brian.
On 9-21-12 I responded to the Beebe Ball Park to assist Officer John Weeks regarding a subject that he was out with. Upon arrival, I observed a blue Honda Civic setting in a dark area of the park with Officer Week's vehicle behind it. After making contact with Officer Weeks, he advised me that the male subject in the vehicle who had been identified as Zachary Smart was being very evasive and refused to cooperate with any type of questioning as to what he was doing at the park after dark. I went to Mr Smart's vehicle and asked him if he would step out of the vehicle so I could talk with him to which he complied. After this I asked Mr Smart if he had any weapons on him. I also told him that I needed to pat him down at which time he refused and said he did not consent to a exterior pat down. At this time I informed him that a pat down was legal at this point and would be conducted. While patting him down, I felt a large rectangular object in his right front pocket. Due to not knowing if this was a weapon or not, Mr Smart was placed into restraints until the time was retrieved at which time it was found to be his cell phone and wallet. After this, I continued to try to talk with Mr Smart and tried to explain why we were checking the area and why he was being detained. Mr Smart would never give an answer to any questions and would only make statements about us "not having any reasonable suspicion." This continued for a few more minutes (see video) until I asked Mr Smart if he had been drinking to which he again stated that he refused to answer. I advised Mr Smart that I needed to give him a Horizontal Eye Gaze Nystagmus test to check for any alcohol use to which he also refused. Mr Smart also stated that he did not consent to me removing his sun-glasses at which time I advised him that they would be removed. After I removed Mr. Smart's sunglasses he closed his eyes and would not cooperate in taking the field sobriety test. At this point Mr Smart was placed under arrest for Obstruction.
A search incident to arrest revealed several items of interest. The first item located were seven (7) restaurant pagers used in notifying restaurant patrons. The second was a brief case with equipment used that I suspect to be used in determining how smoke and vaporous clouds travel along with their opacity, the third was a medium sized bag containing memorabilia from the Republican National Convention and a book about Mitt Romney. Also located in the vehicle were various hand drawn documents along with one detailed map which clearly outlines a large building with several different areas located within the building. These area's had been assigned a number with the numbers representing something unknown at the report time. Mr Smart was advised of his Miranda rights and asked why he was in possession of the pagers to which he declined to answer. He was also asked about the briefcase to which he also declined to answer. I copied the documents in question and returned the originals to Mr Smart's vehicle. The vehicle was photographed as were the contents. During the booking process I spoke with Mr Smart about what I had seized from his vehicle and provided him with a evidence/property receipt. Mr Smart refused to sign the document without speaking with an attorney first but did sign all the other requested documentation.
While completing the arrest paperwork, Mr Smart continued to be evasive and unwilling to answer even the simplest of questions. The questions that he was asked at this point were of a booking paperwork nature and were just information as to his personal information and place of employment. Based on his demeanor and the items located in the vehicle, I also checked the open social network Facebook in an attempt to try to find out any information on Mr Smart at which time I discovered several political related items and pages that raised my suspicions about Mr Smart's behavior and the contents that were removed from his vehicle. I then communicated my findings with Capt. Eddie Cullum and Chief Wayne Ballew at which time I was instructed to pass along the information the the US Secret Service and the Intelligence section of the US Attorney's Office.