On Saturday at approximately 5:13 p.m., Cumberland County Emergency Dispatch received a call from an employee at the Cove Market located on Hwy 70 North. She said there was a man inside of a parked red Hyundai Elantra who had been sitting in the car for about half an hour and appeared to be passed out and was unresponsive.

Deputy Winebarger arrived first on the scene and made contact with the vehicle and a male sitting in the driver-side of the vehicle, later identified as Brian J. Tipton. Deputy Winebarger observed the vehicle was running and knocked once on the driver-side window to get the driver’s attention.

Tipton responded immediately and was ordered out of the vehicle after Deputy Winebarger observed burnt foil in the passenger side seat which is consistent with narcotic use and possession. Tipton was detained and read his Miranda Warning. While detained, Tipton stated that he had just smoked heroin.

Deputies J. Coley and J. Matthews arrived on the scene and requested that EMS respond to the scene. Tipton refused medical when EMS arrived. Deputies searched the vehicle and located several items of paraphernalia, small plastic bags with narcotic residue, as well as a small clear plastic bag with a white crystalline rock consistent with heroin weighing approximately .54 grams.

Based on the narcotic evidence found inside the vehicle and statements made by Tipton, Deputy John Coley had probable cause that  Tipton was under the influence of an intoxicant and/or narcotics while being in control of a running/operational vehicle and charged Tipton with Driving Under the Influence.

Due to Tipton’s physical and altered mental state after using illegal narcotics, and his admitting to using narcotics while in operation of a motor vehicle, Deputies did not perform Standardized Field Sobriety Tests on the subject.