Oct. 7 Cpls. Kenneth Foley and Ronnie Stewart were conducting a sobriety check on State Highway 395, about three miles north of Salem, when they pulled over Barry Louis Fowler, 43, of Salem, who they discovered was in possession of controlled substances, which were not his own prescription medications.
A blue Ford Taurus approached the check point at 2:45 p.m. Stewart went to the driver's side door which Fowler had opened because he claimed the window wasn't working, according to the affidavit. Stewart asked him for his drivers license and Fowler informed him that all he had was an I.D. card. "Stewart asked (Fowler) if his license was suspended and (Fowler) stated (it) shouldn't be because he was trying to get (it) back," according to the affidavit.
Stewart told Fowler to pull his vehicle to the side of the road and get out. He then ran Fowler's name through ACIC/NCIC and found that Fowler's license was suspended and he had two warrants for his arrest. The affidavit said, "The warrants were for failure to appear for public intoxication and possession of a controlled substance without a prescription."
Stewart proceeded to pat down Fowler for officer safety and felt a bulge in Fowler's right front pants pocket. Stewart took the item out of Fowler's pants and found it to be a prescription pill bottle with the label torn off. The affidavit states that Fowler said it was his prescription medicine. "Stewart advised Fowler that the way he was carrying the medicine was illegal and they had to be in their original bottles with the labels on them," according to the affidavit.
As Fowler was talking, Stewart could smell intoxicants on him. Fowler then consented to a PBT test that registered above the legal limit.
Stewart arrested Fowler for DUI and advised him that he would need to produce the original bottles with the prescription labels for the medicine. Fowler said his wife would have to bring them from home. Stewart explained to Mrs. Fowler what he needed.
Shortly after Mrs. Fowler left the sheriff's office, Scott Baker from Baker Pharmacy called Stewart to tell him that Mrs. Fowler came into the pharmacy requesting him to print off some labels for Barry Fowler's prescriptions which Baker said he would not do.
Mrs. Fowler went back to the sheriff's office and Stewart explained again what he needed.
According to the affidavit, "Mrs. Fowler advised that Barry had gone to Dr. (Denise) Oldenberg earlier that day and that she took the old prescription bottles and peeled off the labels and threw the bottles in the trash. Mrs. Fowler stated that the doctor did that because she didn't want anyone getting the empty bottles and them ending up in a drug house due to her (the doctor's) recent run in with the DEA."
Mrs. Fowler then left the office and returned shortly with prescription bottles wrapped with notebook paper which had prescription labels taped to them. One of the labels had a prescription number which Stewart had Baker run through his computer at the pharmacy. The number was for a prescription for Mrs. Fowler, not her husband.
Investigator Jimmy Carter with the 16 Judicial District Drug Task Force identified the pills which were found on Barry Fowler's person as Alprazolam (Xanax) and Hydrocodone Bitartrate and Ibuprofen.
Fowler is being charged with two counts of possession of a controlled substance. His bond was set at $25,000.
According to Investigator John Scarbrough with the 16 Judicial District Drug Task Force, all prescription medications should be labeled with the patient's name on them. "They should be the way they were received from the doctor or pharmacy," Scarbrough said.
He said prescription narcotics like Oxycodone or Xanax most definitely need to be carried within the prescription bottles they came in with the correct labeling so law enforcement will know they are a legitimate prescription for the person carrying them. Scarbrough said, for other medications, it depends on the totality of circumstances and an officer's common sense.