STATE OF INDIANA ) IN THE ST. JOSEPH SUPERIOR COURT ) SS: ST. JOSEPH COUNTY ) CAUSE NO. 71D0. -1407-CM- STATE OF INDIANA ) )

VS. ) SUPPLEMENTAL AFFIDAVIT IN ) SUPPORT OF PROBABLE CAUSE

HENRY DAVIS, JR. DOB: x/xx/1979 ANTHONY BRADBURN, upon information and belief, affirms under the penalty of perjury that: I am a sworn officer with the St. Joseph County Police Department and make this affidavit based on my own observations and actions and after speaking with other officers. At this time, I had to wait for a vehicle to pass me, after it passed me, I activated my red and blue emergency lights and headed west in the east bound lane in an attempt to stop the silver vehicle. I was able to get behind the silver vehicle. The silver vehicle was slow to respond to my lights and siren but eventually pulled over.

By this time, Officer Slater had also arrived at the scene. I approached the vehicle to make contact with the driver. I identified myself and asked the driver, later identified as HENRY DAVIS, JR. if he knew he was travelling the wrong way on the divided highway. He stated that he knew he was travelling the wrong way, but did not know how he got there. Before I asked him any other questions, DAVIS stated that he had been drinking earlier in the evening, and I noticed an odor of alcoholic beverages coming from his breath at this time. I asked DAVIS if he had his license, and he stated that he did, but did not know where it was at.

I asked DAVIS to exit the vehicle. DAVIS did not immediately comply. He slumped forward, put his face in his hands and said, “I was drinking, but I’m not drunk” and indicated that he has “M.S.” I again asked him to step from the vehicle, and he sat for another minute before complying. After I asked a third time, DAVIS exited the vehicle. When he exited the vehicle, he was unsteady on his feet. DAVIS leaned against the car and I asked him to step to the back of the vehicle. I had to ask him a couple times before he ultimately complied with that request. Officer Slater patted him down for weapons. After Officer Slater completed the pat down, DAVIS leaned against the concrete barrier wall.

I explained to DAVIS that based on his driving behavior and the odor of alcohol that I detected, that I was going to ask him to perform Standardized Field Sobriety tests. Upon hearing this, DAVIS sunk to the ground and made the comment, “I’m not drunk”.

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I explained to DAVIS that I needed him to stand up to take the tests, and he complied. The first test was the Horizontal Gaze Nystagmus test. I explained the test, and DAVIS stated that he understood. I asked him if he could see the tip of my pen, he stated that he could. I asked him to begin, and instead of following the pen with his eyes as instructed, he stared straight ahead. I stopped the test and explained it again. DAVIS indicated that he understood. I started the test again, and again DAVIS stared straight ahead. I explained the test a third time, and this time DAVIS followed my pen with his eyes as instructed. During the course of the test, I noticed that DAVIS had a lack of smooth pursuit in both eyes, and had nystagmus prior to 45 degrees and at maximum deviation in both eyes. Based on my training, I determined that DAVIS failed this test. During the test, I also noticed that his eyes were glassy and blood shot. In my training and experience, glassy, blood shot eyes are factors of intoxication. The next test performed was the Walk and Turn. I explained and demonstrated the test to DAVIS. He said that he understood. Prior to administering the test, I asked him if he had any problems with his knees or ankles, and he indicated he did not. He did say that he has terrible balance due to having “MS.” I asked DAVIS get into position for the test. He started the test prior to being told to start. After I told him to start, he stopped counting after the first two steps, then stopped altogether after the fourth step. He then resumed the test. He performed the turn around. After turning, he stepped off line and had to use his arms for balance. DAVIS did not touch heel to toe on all the steps, and again stepped off the line. Based on my training, I determined that DAVIS failed this test. The third test performed was the One Leg Stand. I explained and demonstrated this test to DAVIS, and he stated he understood, but that he would not pass this test. I continued with the test. DAVIS started the test, and picked his foot up 2-3 inches instead of the required six. He looked at his foot, but did not count out loud as instructed. He had to use his arms for balance, but did not put his foot back down. When he finally started counting, I stopped the test for his safety because of his poor balance. Based on my training, I determined that DAVIS failed this test. The final test given was a Portable Breath Test (PBT). I explained the test. DAVIS stated he understood. He blew very lightly, then stopped and leaned against his car. I got a new PBT straw and let the PBT reset itself. I again explained the test to DAVIS He blew into the test, but not very strong, and he registered a .14. At this point, I explained Indiana Implied Consent to DAVIS. I had to explain this several times. He then agreed to submit to the chemical test. I then transported DAVIS to the Mishawaka Police Department to complete a chemical test. Once we arrived at the Mishawaka Police Department, I was met by Cpl. Egendoerfer of the Mishawaka Police Department who is a certified breath test instrument operator. Cpl. Egendoerfer entered all of the information into the certified breath test instrument. After explaining the test to DAVIS, DAVIS then began to stall and asked about Indiana Implied

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Consent again. Indiana Implied Consent was then explained to DAVIS several more time. Ultimately, DAVIS refused to take the test. Based on my training and experience, I believed DAVIS to be intoxicated, so at this time I transported him to the St. Joseph County jail to be booked in for Operating While Intoxicated.

All incidents listed herein happened in St. Joseph County, Indiana. I affirm, under the penalties for perjury, that the foregoing representations are true as they have been related to me. ______________________________ ANTHONY BRADBURN ST. JOSEPH COUNTY POLICE DEPARTMENT

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