On July 6, 2024, officers were dispatched to a Taco Bell drive-thru in Lakeland. Upon arrival, they found a man passed out in the driver’s seat of his car with his car in drive and foot on the brakes.
The man was identified as Marcus Jamar Jenkins of Lakeland, DOB 07/06/1990.
Jenkins was charged with Trafficking in Fentanyl over 28 grams, Possession of Cannabis less than 20 grams, Possession of Drug Paraphernalia Container, Keep Public Nuisance/Drug Activity, Unlawful Possession of Persons Identification less than four (4), and Resisting Officer without Violence.
It should be noted that this is an unedited report of facts by Polk County Sheriff’s Office. These facts are up for question and everyone is entitled to question the validity of facts by law enforcement in a court of law. Winter Haven Daily does not rewrite these facts as some meanings or interpretations could be in error and change context. We hope readers appreciate being able to read the information and come to your own conclusion.
“On 07/06/2024, at approximately 1002 hours, I was dispatched to the drive through parking lot area of 2520 Highway 92 East (Taco Bell), in reference to a suspicious person. Upon arrival at 1005 hours, Marcus was observed by Deputy Sheriff Wade #7869, in the driver’s seat of a white in color Nissan Altima bearing Florida tag #JLBV44. Marcus had been observed unresponsive and the attempts made by the Polk County Fire Rescue (PCFR) to wake him up, yielded negative results. PCFR observed the driver’s side door to be unlocked, at which time they made entry into the vehicle to provide life saving measures. D/S Wade observed the scene, at which time he witnessed Marcus in the public drive through area of the parking lot, in the driver’s side of the vehicle, with the vehicle still in drive, and with no other person(s) in or around the vehicle.
During the investigation a tan in color pill-like substance and a large glass bottle containing brown liquid had been observed in plain view of the back seat of the vehicle. The tan in color pill-like substance was inside of a clear plastic baggie that had been placed inside of a white paper Wyndam Hotel cup in the back seat area. The glass bottle was on the floor board behind the seat of the driver’s side seat. The tan in color pill-like substance was tested by D/S Wade with test kit #33 Fentanyl Reagent (ACETYL-FENTANYL), at which time tested presumptive positive with the orange color change for Fentanyl. I also observed a green leafy substance in a clear plastic baggie, at which time D/S Wade tested the substance with test kit #AP-4 Cannabis Typification, at which time tested presumptive positive with the blue color change for Marijuana (THC). While on scene I observed the 1.75 liter glass bottle with a Crown Royal label that listed the contents of the brown liquid as 35% Alcohol by volume and 70 proof. I removed the cap of the glass bottle and immediately observed an odor that I determined, through training and experience, that the brown liquid substance to be alcohol.
It was determined during my investigation that Marcus unlawfully utilized and transported illegal substances and in doing so illegally kept or maintained the vehicle, a public nuisance.
I observed Marcus acting nervous, unsteady on his feet, and had conjunctivitis in both eyes.
Marcus refused medical treatment while on scene with PCFR. I then placed Marcus in handcuffs, at which time I observed unknown objects in his left hand and his identification card in his right hand. I asked Marcus to open his hands so I could remove the items before placing him in the back of my agency issued marked patrol vehicle, at which time Marcus began to resist verbal commands, clenched his hands and pulled away from my grasp. Deputy Sheriff Cruz #10150 read Marcus Miranda from his agency issued Miranda Card.
I then removed the items from Marcus’ hands, at which time I observed the Florida Identification Card, a Taco Bell receipt time stamped for 0944 hours, and a stick of gum. D/S Cruz conducted a custodial search, at which time he removed a black Levis wallet with a Florida Identification Card that belonged to a Terrell Franklin. Marcus was then questioned in reference to the identification card, at which time he advised he would not answer questions in reference to the identification card.
I made contact with the Polk County Sheriff’s Crime Information Center (CIC) to confirm Marcus was free and clear of any active warrants.
Marcus was charged with Trafficking in Fentanyl over 28 grams, Possession of Cannabis less than 20 grams, Possession of Drug Paraphernalia Container, Keep Public Nuisance/Drug Activity, Unlawful Possession of Persons Identification less than four (4), Resisting Officer without Violence and transported to the Polk County Sheriff’s Processing Center (SPC).
This Affidavit was amended for the purpose of providing probable cause for the Unlawful Possession of Persons Identification less than four (4), on 07/07/2024.”
“This affidavit is in reference to Florida DUI Uniform Traffic Citation AJ7S0PE for violation of FSS 316.193(1) (DUI MISDEMEANOR)
Phase 1 Vehicle in Motion/Interview with Officer:
On 07/06/2024, at approximately 1016 hours, I responded to the Taco Bell business located at 2520 Highway 92 E, Polk County, Lakeland, Florida, at the request of D/S Wade who was possibly with an impaired driver. I arrived on scene at approximately 1029 hours and made contact with D/S Mina #9614, D/S Cruz #10150, and D/S Wade #7869 regarding the incident. D/S Wade advised he and the other units named above responded to the business in reference to a suspicious person stopped at the drive-thru passed out. D/S Wade stated he arrived on scene shortly and observed a white Nissan Altima bearing Florida tag #JLBV44 stopped at the drive-thru line. D/S Wade stated he observed a black male sitting in the front driver’s seat passed out with his foot on the breaks and the vehicle still in drive. D/S Wade stated Polk County EMS arrived shortly after and he and EMS made contact with the black male driver. The black male driver was later identified as Marcus Jenkins (B/M DOB: 07/06/1990) by his Florida Identification card. D/S Wade stated Marcus woke up and began to panic. D/S Wade stated he noticed Marcus was slow to react. D/S Wade stated Marcus was being evaluated by EMS to make sure he was okay. D/S Wade stated he located a large alcohol bottle “Crown Royal” with liquid inside in the back driver side floorboard. D/S Wade stated he located narcotics in the vehicle as well.
I made contact with D/S Cruz who advised he could smell the odor of an alcoholic beverage emitting from Marcus’s breath as he spoke. D/S Cruz stated he observed Marcus to have blood shot eyes. D/S Marcus stated he noticed Marcus was profusely sweating.
All units advised they suspected Marcus was under the influence of alcohol and/or drugs based on their observations.
D/S Cruz advised he had to detain Marcus for resisting without violence. D/S Cruz also read Marcus his Miranda Rights.
Phase 2 Personal Contact:
I made contact with Marcus who was in the rear seat of D/S Cruz’s marked patrol vehicle. I advised Marcus the reason for me responding is because all the units suspected he could be under the influence of alcohol and/or drugs based on their observations. Marcus stated he understood the situation.
I asked Marcus if he was sick or injured and Marcus stated, no. I asked Marcus if he had any physical limitations and Marcus stated, no. I asked Marcus if he is diabetic or suffers from epilepsy and Marcus stated, no.
During my interaction with Marcus, I observed him to have blood shot and watery eyes. I could smell the strong odor of an alcoholic beverage emitting from Marcus’s breath as he spoke. I observed Marcus sweating profusely. I noticed Marcus was slow to react. I observed Marcus’s eyes were droopy and could not open his eyes fully.
I removed Marcus from the rear seat of D/S Cruz’s car. I observed Marcus to have a large circular swaying approximately 4-6 inches in all directions as he stood still.
Based on my observations, I developed reasonable suspicion that Marcus is under the influence of alcohol and/or drugs and initiated a DUI investigation.
I requested Marcus to consent to a series of Standardized Field Sobriety Test (SFST’s) to which he consented. I administered the following tests and I observed the following:
Horizontal Gaze Nystagmus. I observed 6 out of 6 possible clues of impairment. 4 or more are indicative of impairment.
Walk and Turn. I observed 3 out of 8 possible clues of impairment. 2 or more are indicative of impairment.
One leg stand. I observed 3 out of 4 possible clues of impairment. 2 or more are indicative of impairment.
Upon completion of tests and based off of the above observations, it was determined Marcus was in actual physical control of a motor vehicle within Polk County, Florida and based on my training and experience was determined to be under the influence of drugs and/or alcohol to the point where his normal faculties were impaired.
Post Arrest Procedures/Breath Testing:
I placed Marcus into custody and I advised Marcus of his DUI charge to which he understood. I placed Marcus in the rear seat of my unmarked patrol vehicle and transported him to the Sheriff’s Processing Center.
I arrived at the SPC and I began the 20-minutes observation at approximately 1117 hours.
Upon completion of the observation period, I requested Marcus consent to submit two samples of his breath to determine his breath alcohol content (BrAC) to which he refused.
I read Marcus the Implied Consent Warning off page 4 of the DUI packet to which Marcus refused to submit to a breath test.
I conducted an FCIC/NCIC check on Marcus and it showed Marcus’s driver’s license was revoked since 05/08/2023. Marcus was also convictions for knowingly DWLSR in the past three times which showed on his DAVID history. All the knowingly DWLSR were out of Polk County, Florida.
The following is Marcus’s driving history and the reason for the revoked driver’s license:
10/03/2018 SUS-INDEF FAIL TO PAY CT FINANCIAL OBLIGATION
CASE NUMBER-532014MM000677A000BA
05/15/2019 SUS-INDEF FAIL TO PAY CT FINANCIAL OBLIGATION
CASE NUMBER-532014CF001658A000XX
06/13/2022 SUS-INDEF FAIL TO PAY CT FINANCIAL OBLIGATION
CASE NUMBER-532018MM009836A000LD
04/24/2019 CANC-INDEF DL CANCELLED -F.S. 322.08 (7)
02/20/2024 CANC-INDEF DL CANCELLED -F.S. 322.08 (7)
05/08/2023 REV-60.0 MOS HABITUAL TRAFFIC VIOLATOR
09/13/2018 SUSP-INDEF FAILED TO PAY TRAFFIC FINE(PENALTY) A907MIE CO:56 CT:1
COURT REQ MET-STILL SUSP-FEE REQ
10/03/2018 SUSP-INDEF CRIMINAL-FAIL TO PAY A28C4NP CO:05 CT:1
COURT REQ MET-STILL SUSP-FEE REQ
10/11/2018 SUSP-INDEF FAILED TO PAY TRAFFIC FINE(PENALTY) A28B37P CO:05 CT:1
COURT REQ MET-STILL SUSP-FEE REQ
04/17/2019 SUSP-INDEF CRIMINAL-FAIL TO PAY A916OHE CO:05 CT:1
COURT REQ MET-STILL SUSP-FEE REQ
10/15/2020 SUSP-INDEF CRIMINAL-FAIL TO PAY A2BFICP CO:05 CT:1
11/25/2020 SUSP-INDEF CRIMINAL-FAIL TO PAY AC7KTZE CO:05 CT:1
12/28/2020 SUSP-INDEF FAILED TO PAY TRAFFIC FINE(PENALTY) AC7KTYE CO:05 CT:1
12/28/2020 SUSP-INDEF FAILED TO PAY TRAFFIC FINE(PENALTY) AC7KU0E CO:05 CT:1
04/12/2021 SUSP-INDEF FAILED TO PAY TRAFFIC FINE(PENALTY) AD9611E CO:05 CT:1
04/12/2021 SUSP-INDEF CRIMINAL-FAIL TO PAY AD9613E CO:05 CT:1
05/08/2023 FR-SUSP NON-JUDGEMENT SUSPENSION 640985539
I asked Marcus about his driver’s license and he stated, “You know why it’s revoked.”
I also developed probable cause to charge Marcus with knowingly driving while his driver’s license is suspended and/or revoked.
Marcus was issued the following citations:
AJ7S0PE for DUI (misdemeanor).
AJYVCIE for open container.
AJYVCJE knowingly DWLSR.
Marcus was turned over to the on-duty staff without further incident.
The suspect, Marcus, committed the act of DUI willfully and intentionally with no regard for public safety or property.
Investigative Cost:
One Deputy conducted the investigation for 6 hours.
Charges
DUI ALCHOHOL OR DRUG
DRIVE WHILE LIC SUSP”
