An affidavit filed by the Mobile County Sheriff’s Office shows that deputies, in addition to the original “green leafy substance” reported found in Mobile County Commissioner Steve Nodine’s vehicle Dec. 23, also claim to have discovered what is believed to be more marijuana in a different location of the vehicle, paraphernalia and also observed the smell of what they believed to be burnt marijuana on the same day as their initial findings.

Nodine had taken his county-owned Ford F-150 truck into the Mobile County Garage Dec. 23 for a routine oil change when the suspected marijuana was allegedly discovered.

The initial affidavit written Dec. 23 but released later only mentioned the discovery of a blue nylon bag containing rolling papers, a lighter and a “green plant like substance believed to be marijuana” in a prescription bottle bearing Nodine’s name. These items were found in the rear map compartment of the passenger’s seat. Another prescription bottle also bearing Nodine’s name was found as well, the report claims. The second prescription is listed for Hydrocodone, more commonly known as Lortab.

The second affidavit released claims deputies noticed the smell of burned marijuana and another instance of “green plant-like material” in the driver-side floor mat area. Deputies also smelled what they believe to be a “masking agent” used cover the smell of burned marijuana, although they did not say what that was.

Nodine has given few statements since the initial affidavit’s filing, but did say he intends to cooperate with investigators and denies he had any contact with the marijuana found in the vehicle.

“The county vehicle was not in my possession and has been at the motor pool all morning for service. I want to be clear that I did not possess marijuana, nor use any marijuana, found in this vehicle,” he said in the statement early in the investigation.

Nodine has not been arrested or charged with any crime as of yet and the investigation has since been handed over to the Alabama Bureau of Investigations. He would have to be convicted of a felony or voted out in an election in order to lose his seat on Mobile’s County Commission. It is not believed that, if the substance is marijuana, the amount found in the car thus far would result in a felony charge.

The affidavit states Nodine’s truck was taken initially by County Garage Supervisor Steve Bender and given to employee Douglas Peacock, who was to perform the oil change. Upon Peacock’s discovery of the substance, Sheriff’s deputy Steve Leger, a member of the Sheriff’s Narcotics and Vice Unit, was motioned over from the garage’s nearby gas pumps to investigate the substance. Upon confirmation of the county garage employee’s suspicion, Deputy John Thornton was called to the scene. The affidavit mentions Thornton’s experience and training allowed him to uphold belief that the substance was marijuana. He is also a current member of the Narcotics and Vice unit.

At the outset of the investigation Nodine offered to take a drug test, but because he was not involved in a wreck and is a publicly elected official who is not required to take a drug test, the Sheriff’s Office did not ask him to take one. Nodine has since obtained the legal representation of local attorney Domingo Soto, who has said Nodine will not take a drug test.

Calls to ABI about the status of their investigation were not immediately returned. Lagniappe will continue to report on the Nodine investigation as it progresses.