Naples Police Find Drugs and A Loaded Gun During A Traffic Stop
- Travis Uresk
- Sep 15, 2024
- 4 min read
By Travis Uresk
9/15/24
| Naples, Ut. | September 10th, 2024 |
A male traveling on 1500 East in Naples in a beige Tahoe appeared not to be wearing a seatbelt. The officer watched the Tahoe veer into the turning lane and turned around to catch up to the vehicle.
Officer McGaha performed a registration check on the Tahoe, which returned that a state-wide warrant was attached to the registration. The warrant was also listed under the same name as the vehicle's registered owner.
The officer initiated a traffic stop, but the Tahoe was slow to respond and finally came to a stop at 1000 East US-40.
Officer McGaha approached the vehicle and observed the driver's pinpointed bloodshot and glossy eyes. He asked for his license and insurance. Since the driver was looking for his insurance information, Officer McGaha called for a K9 officer to respond to the traffic stop.
The driver provided the officer with a Utah driver’s license identifying him as 40-year-old Nicholas Ray Cruz. This was the same name as the owner and name on the warrant.
Officer McGaha returned to his patrol vehicle while Cruz was searching for his insurance papers and performed a driver check on him. It returned that there was no warrant for Cruz for this date of birth, and his driver's license was expired as of June 2024.
The officer returned to the Tahoe to talk to Cruz about his insurance, and he provided valid proof of insurance. Officer McGaha then asked dispatch to perform a driver check to confirm what he had found.
As the officer was starting the citation process, he also observed that SR-22 was required, and dispatch confirmed this. He returned to the vehicle, where Cruz provided him with an expired copy of SR-22 insurance.
As Officer McGaha was talking with Cruz about the SR-22, Deputy Sgt Watkins arrived with his K9. Cruz was asked by law enforcement if there was anything illegal in the vehicle and he stated no.
Cruz was advised that the K9 would be performing a free-air sniff around his vehicle, and he asked if there was a reason. The officer explained that there were some instincts, and Cruz stated that he was okay with it.
Sgt. Watkins proceeded with his K9 and performed the free-air sniff of the vehicle while Officer McGaha wrote the citation for the expired driver's license and no SR-22 insurance since none was provided at the time of the stop.
The K9 alerted that there were illegal narcotics inside the vehicle and Sgt. Watkins asked Cruz to step out of the vehicle, and Officer McGaha placed Cruz in handcuffs. The officers had Cruz sit on a rock next to the patrol vehicle. Cruz stated he might have a gun in the vehicle in a black bag. He said he had forgotten it was in there.
During the probable cause search of the vehicle, the officers located a red plastic container with a magnet glued onto it under the front edge of the driver's seat. It appeared as if this item was freshly placed there. Inside of it were green leafy items and a white powder residue.
Officer McGaha returned to Cruz and advised him of his Miranda Rights since he was already detained. They told him what they had found. Cruz stated he would like to talk to his lawyer.
As Officer McGaha was walking away, Cruz changed his mind and said he would like to speak with the officer. The officer reminded him of his rights, and he could refuse. Cruz stated he wanted to talk to him.
Cruz stated he did not know what that was or where it was and that he had let a girlfriend use his vehicle. He stated she had property in the vehicle, and he had given her a ride to her house. He said everything was his except the female items and the red case, which were hers.
Sgt. Watkins searched the black bag in the front passenger seat and located a Ruger 9mm handgun with ammunition inside. The magazine was loaded with the first round as a silver hollow point, and the other four rounds were ball ammunition.
While Sgt. Watkins spoke with Cruz, he told the deputy he had used methamphetamine the night prior, and Cruz also stated there was a protection order in place. He was trying to get out of the habit of marijuana and methamphetamine. Cruz stated the protection order was placed on 09/09/2024, and he forgot the firearm was in the vehicle.
Officer McGaha asked dispatch to confirm if Cruz was a felon or had a protection order. Dispatch advised that he was the respondent on the protection order. The protection order stated in bold lettering, "Weapons Prohibited." This made Cruz a Category II-restricted person. The service date was listed as 09/09/2024. At this point, Cruz was advised that he was under arrest.
Cruz was placed in the back seat of the patrol truck and taken to the UBMC for medical clearance. Once cleared, Cruz was booked into the Uintah County Jail.
Based on Officer McGaha's affirmation, the arresting officer, the undersigned magistrate, finds probable cause for Nicholas Ray Cruz's arrest without a warrant. Nicholas Ray Cruz may post bail in the amount of $2,500.00.
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