Confidential informant denied return of drugs
by Shaka S. Lias
Mar 09, 2011 | 2577 views | 0 0 comments | 9 9 recommendations | email to a friend | print
Judge Carey Nelson denied a request to return prescription drugs to a confidential informant arrested on Feb. 11 by a Cartersville police officer.

Officer Eric Blackstock testified Tuesday in Bartow Superior Court that on Feb. 11 he observed a vehicle driven by Joseph Smiley failing to maintain lane driven. Upon contact and a field sobriety test it was determined that Smiley was under the influence. The driver then informed the officer that he was a confidential informant for a police department in Kentucky. He said he needed to get back to Kentucky and if the officer arrested him it would "mess him up."

A check of Smiley's glove box yielded five pill bottles including two bottles of Oxycodone and a bottle of Alprazolam, Hydromophone and Ibuprofen.

Officer Blackstock testified that Smiley said he'd just picked up the drugs.

"He said he obtained them to get on the good side of the bad guys," Blackstock testified.

Bartow County Drug Task Force checked and confirmed that Smiley was indeed a CI for the Kentucky agency, however he wasn't on assignment at the time.

Blackstock testified that Smiley had identification for Kentucky and Florida and said that he got the pain medicine from a clinic in Kissimmee, Fla.

Attorneys for the state said they were against the drugs being returned to Smiley.

They maintain Smiley wasn't working for law enforcement, but on his own.

Judge Nelson agreed, "Return pills to the Cartersville Police and properly dispose of them," he said.

Smiley wasn't present in court. According to a final disposition, he pleaded guilty on March 1 to three counts of drugs not kept in original container, two counts of driving under the influence of drugs and one count of failure to maintain lane. He was sentenced to five years probation and given credit for time served in jail from Feb. 11 to March 1. He must also pay a $650 fine plus surcharges and a weekly probation fee.