Published: Feb 26, 2013 11:38 AM EST

PORT CHARLOTTE, Fla.- Charlotte County Sheriff's deputies arrested a man after a traffic stop and observed a one-gallon plastic bag hanging out of his pocket that contained marijuana, a scale and two small baggies of marijuana. Nusair Ameen Zaben, 22, of 495 Northview Street, was arrested.

Monday at 6:53 p.m., a deputy observed a Volvo coming out of the Town Center Mall parking lot with three people inside. The driver was using both hands to light a cigarette and was not wearing a seatbelt. To avoid a collision, the deputy abruptly stopped and avoided hitting the driver’s side door. A traffic stop was made in the Sprinkles parking area and deputies checked ID cards on the three in the car and found no warrants. The driver was 20 and the other passenger was 25 years of age.

When Zaben got out of the car, he was asked to search his person and he refused. The deputy told him he was going to pat him down to see if there were any weapons on him. When Zabel raised his hands above his head, the deputy saw in plain view a gallon sized Zip-Lock bag hanging outside of his pants pocket; marijuana could be seen in the bag. Total amount of marijuana in the three bags was40 grams.Based on the location of the traffic stop, deputies used Google Earth to determine it was 377.7 feet from school property that included the Charlotte County School Board building and adjacent Port Charlotte High School.

Zaben was arrested and taken to the Charlotte County Jail. He is charged with Possession of Marijuana Over 20 Grams, Possession of Marijuana with Intent to Distribute Within 1,000 Feet of a School, and Possession of Drug Paraphernalia. Zaben, a convicted felon, remains in jail on $8,500 bond.

Anyone with knowledge of illegal drug activity is asked to please call the CCSO Narcotics Unit at 941-575-2157 or Crime Stoppers at 800-780-TIPS (8477).