MIAMI BEACH (CBSMiami) – Following Justin Bieber’s Miami Beach arrest, a police officer was reportedly trying to take a photo of the 19-year-old superstar. Now, Miami Beach Police say, that officer is being investigated.
The officer, a female, has been asked to leave by the Sergeant in charge, Miami Beach Police Department confirms.
The officer is being investigated for conduct unbecoming of an officer.
Bieber was arrested for DUI last Thursday, driving with a suspended license and resisting arrest after he was pulled over for allegedly drag racing along Pine Tree Drive on Miami Beach.
The details surrounding Bieber’s arrest began to come into focus Wednesday in documents obtained exclusively by CBS4.
The toxicology report for Justin Bieber revealed that he had both Xanax and marijuana in his system, two sources familiar with the investigation told CBS4 News. The report corroborates statements allegedly made by Bieber to police after he told police he had smoked marijuana and taken prescription pills.
Beiber’s friend Khalil Sharieff tested positive for marijuana, the sources added.
According to the documents from the arrest, obtained exclusively by CBS4, details of the arrest became clearer.
According to the documents, Bieber gave his consent to the breath test and signed off on understanding his rights, with the exception of one he opposed, “Knowing these rights, are you willing to answer my question without having a lawyer present?” Bieber said no.
The documents said Bieber was given a breathalizer test using the “Intoxilyzer 8000.” “The subject was observed for at least 2 minutes prior to the administration of the breath test to ensure that the subject did not take anything orally and did not regurgitate.”
According to the Miami Beach Police documents, the first two samples Bieber gave could not be measured. The first sample was taken at 5:24 a.m. with the second test coming at 5:30 a.m. The second test was unusable because the breath wasn’t long enough, according to the documents.
The third breath test given at 5:37 finally gave a positive reading of .014 and a fourth sample measured .011 when it was administered at 5:40 a.m. Both tests were under the legal limit under Florida law. Still, Bieber may not be off the hook.
“The state may still have a very strong case,” said defense attorney Mark Eiglarsh. “If the urine comes back with marijuana and or another controlled substance and the drug recognition expert says, I believe, based on the tests that I’ve performed, that he was impaired at the time, they (prosecutors) have a very strong case.”
In a separate Miami Beach Police DUI Test Report, police said Bieber had an odor of alcoholic beverage on his breath and checked off boxes on the report that listed his attitude as “excited, talkative, profanity, cooperative, insulting, and cocky.”
Miami Beach Police described his eyes as bloodshot and his pupils were dilated. According to the documents, Bieber’s speech was “mumbled” and his face was said to look “flushed.”
Bieber also told police that he had a torn meniscus in his right knee, according to the police report.
On the actual DUI tests given to Bieber, Miami Beach Police said Bieber couldn’t smoothly follow an object with his eyes, could not stand with his eyes closed and that when asked to walk a straight line, he “loses balance during instructions, starts before told to do so, doesn’t touch heel to toe, steps off line one or two times, raises one or both arms six or more inches to maintain balance, and doesn’t turn correctly or loses balance during turn.”
The Miami Beach Police DUI report also said Bieber, “initially let time lapse as he decided whether or not to take the breath test. Defendant (Bieber) then had extreme difficulty providing a continuous breath.”
Another document from Miami Beach Police described the scene when Bieber was being arrested. The officer who drove Bieber to the holding facility told him that he “reeked of marijuana.” Bieber, according to the report, replied, “Yeah, we were smoking all night at the studio.”
“Without question, Bieber’s attorney will attack the admissibility of all statements alleging that any statements he made, especially ones at the roadside,” Eiglarsh said.
Bieber, according to the police report, told Miami Beach Police that he took medications for anxiety. When the officer began naming medications, Bieber said he didn’t know and said he didn’t know what he was prescribed because, “Well, my mom takes care of all that stuff for me.”
Surveillance video from the night of the arrest first obtained by CBS4 showed the yellow Lamborghini Bieber was driving on Pine Tree Drive, a red Ferrari driven by his friend and fellow artist Khalil Shariff right behind him.
Reports have suggested Bieber may not have been going “that fast” when he was pulled over. Police initially said he was driving 60 miles per hour in a 30 miles per hour zone when he was pulled over.
“If the GPS shows he wasn’t going any faster than 30 miles per hour, it will significantly hurt the state’s case,” Eiglarsh said. “What we do as defense lawyers, if we can find any inconsistency at all, even on a collateral matter, it could undermine the entire credibility of the lead officer.”
Tuesday, a Miami-Dade County judge set a February 14th arraignment date for the 19-year-old superstar. During the arraignment, prosecutors will formally file charges and a plea will be entered.
Bieber entered a written plea of not guilty on Wednesday and asked for a jury trial. He will not attend the arraignment on February 14th.