Frederick police arrest driver with open container and cocaine in child’s diaper bag – Longmont Times-Call

A man faces one felony and two misdemeanor charges after police say they found nearly 30 grams of cocaine in his child’s diaper bag and an open beer can in the center console of his car during a traffic stop in Firestone last month.

An arrest affidavit states that Frederick police arrested 33-year-old Tomas Martinez-Lopez on May 25 after initially observing him driving nearly 15 mph over the speed limit on the Interstate 25 access road.

According to court records in Colorado, he is charged with alleged attempt to traffic cocaine, reckless endangerment and child abuse, but not with driving under the influence.

Just before 9:30 p.m., an officer noticed a black GMC pickup truck traveling north on the Interstate 25 access road. The officer said the truck was caught on radar doing 59 at 45.

The officer turned around and turned on his dome lights to try to stop the truck, but the truck did not stop, the affidavit states. The officer said he turned on his siren and the driver put a hand out the window and pointed ahead. He eventually stopped in the parking lot of a sandwich restaurant in the 4200 block of City Center Road in Firestone.

The officer found the truck to be about a mile from where he had attempted to make a traffic stop.

The officer approached the truck, immediately drew his weapon and ordered the man to take his hands out the window and slowly exit the vehicle, the affidavit states.

The man – identified as Martinez-Lopez – exited the vehicle and police searched him for weapons but found none, according to the affidavit. He said his child was the only other person in the truck with him and he waited to stop because he was looking for a safe place.

Police checked Martinez-Lopez and found that he had been suspended for driving due to two previous incidents and that he did not have a valid Colorado state driver’s license, the affidavit states.

While one officer questioned Martinez-Lopez, two others cleared the vehicle and found Martinez-Lopez’s child in a back seat and the open beer can in the center console, the affidavit said. Police said they also found several open beer cans scattered throughout the vehicle and a full case of beer in the back seat near his child.

In addition to the alcohol, police said, officers also found small white bags with white powder residue in the center console, right next to the open beer can.

According to police, Martinez-Lopez told them several times during the conversation that he knew he was going to jail.

Police conducted what is known as a “in plain sight search,” which allows them to seize evidence found during a lawful stop in plain sight without a search warrant. Martinez-Lopez repeated several times that he did not consent to the search, according to the affidavit, and police say he carefully watched officers search his vehicle.

During the search, police said, a large bag containing a white powdery substance was found in Martinez-Lopez’s child’s diaper bag. It later tested positive for cocaine and weighed 24.1 grams, the affidavit states.

During this search, police said, they also found other empty beer containers and a digital scale that were covered with the powdery substance.

Martinez-Lopez was taken to the Weld County Jail and booked without incident. He failed to appear when prosecutors formally filed charges earlier this month. He has a hearing scheduled for July 10 in Weld County District Court where he can explain why he failed to appear.