| Probable cause affidavit: |
SUBMITTED BY: MUTTER, REBECCA 0681 (AR14-9554) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: CAPPED NEEDLE AND SMOKING PIPE TYPICALLY USED TO SMOKE METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1). ON 031914, AT APPROXIMATELY 1430 HOURS, I WAS DISPATCHED TO 4759 EAST BOW N ARROW LOOP IN INVERNESS, IN REFERENCE TO POSSIBLE DRUG ACTIVITY. THE INFORMATION PROVIDED BY DISPATCH WAS IN REFERENCE TO A SUBJECT IDENTIFIED AS MR AUSTIN EBBERT, DATE OF BIRTH 080193, LATER TO BE IDENTIFIED AS the DEFENDANT. DISPATCH ADVISED THIS SUBJECT WAS POSSIBLY INVOLVED IN DRUG ACTIVITY AT THAT RESIDENCE. THE SUBJECT WAS DESCRIBED AS WEARING A LONG SLEEVE CAMOUFLAGE SHIRT AND BLUE SHORTS. DISPATCH INFORMED ME THE SUBJECT SHOWED AN ACTIVE CITRUS COUNTY WARRANT FOR VIOLATION OF PROBATION FOR THE ORIGINAL CHARGE AGGRAVATED ASSAULT WITH A WEAPON. AS I ARRIVED, I OBSERVED A SMALL SILVER CAR PULLING AWAY FROM DEPUTY CULBERTSON, WHO HAD ALREADY BEEN ON SCENE. AS I EXITED MY PATROL VEHICLE, I WAS ADVISED BY DEPUTY CULBERTSON THAT HE HAD JUST GOTTEN INFORMATION THAT THE FEMALE SUBJECT, LATER IDENTIFIED AS MS LEAH EVANS, HE HAD BEEN SPEAKING TO IN THAT VEHICLE HAD BEEN WITH THE DEFENDANT, MR EBBERT, JUST PRIOR TO HIS ARRIVAL. WHEN HE WAS SPEAKING WITH THE FEMALE PASSENGER she WAS IN the VEHICLE ALONE. HE ADVISED ME TO ATTEMPT TO LOCATE THE VEHICLE. I THEN RESPONDED BACK TO HIGHWAY 581 TURNING NORTH. I OBSERVED A SMALL SILVER CAR THAT LOOKED LIKE THE ONE I HAD SEEN STOPPED BY DEPUTY CULBERTSON. THE VEHICLE WAS A SHORT DISTANCE IN FRONT OF ME HEADING NORTH ON HIGHWAY 581. AS I APPROACHED, I OBSERVED IT TO BE A SILVER TOYOTA AND I OBSERVED TWO OCCUPANTS, A DRIVER AND FRONT SEAT PASSENGER. I THEN CONDUCTED A TRAFFIC STOP ON the VEHICLE BEARING TAG NUMBER CFHP07. THE VEHICLE CAME TO A STOP JUST SOUTH OF GROVE MANOR BOULEVARD ON SOUTH PLEASANT GROVE ROAD. I APPROACHED THE VEHICLE ON THE PASSENGERâS SIDE AND OBSERVED THE FRONT PASSENGER TO FIT THE DESCRIPTION PROVIDED TO DISPATCH AS WELL AS MATCHED the PHOTO PROVIDED FROM DISPATCH OF THE SUBJECT WITH A WARRANT. THE FRONT PASSENGER PROVIDED ME WITH HIS NAME, MR AUSTIN DAKOTA EBBERT. DEPUTY CULBERTSON HAD ARRIVED ON SCENE. I RAN HIS INFORMATION THROUGH TELETYPE AND CONFIRMED HE HAD A WARRANT. HE WAS ASKED TO EXIT THE VEHICLE. HE WAS PLACED IN HANDCUFFS AND WHILE DEPUTY CULBERTSON SEARCHED HIM HE LOCATED A CAPPED NEEDLE AND SEVERAL WHITE PILLS IN A CLEAR PLASTIC-TYPE BAGGIE IN HIS FRONT POCKET. THE DEFENDANT STATED SEVERAL TIMES IF YOU find ANYTHING IT BELONGS TO ME. HE ALSO ADVISED THE NEEDLE WAS USED. WHILE STILL STANDING BY the RIGHT SIDE OF THE VEHICLE DEPUTY CULBERTSON LOOKED DOWN AT FRONT PASSENGERS FLOORBOARD. I OBSERVED HIM PICK UP A CLEAR GLASS PIPE COMMONLY USED FOR SMOKING METHAMPHETAMINE. THE DEFENDANT STATED AGAIN THAT IF WE FIND ANYTHING IT WAS HIS. THE DEFENDANT WAS READ HIS MIRANDA RIGHTS FROM A PRE-PRINTED AGENCY ISSUED CARD. HE ADVISED HE UNDERSTOOD HIS RIGHTS AND DID NOT WISH TO SPEAK WITH ME. HE WAS THEN PLACED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO the DETENTION FACILITY FOR BOOKING. THE DEFENDANT WAS CHARGED WITH POSSESSION OF DRUG PARAPHERNALIA WITH BOND SET AT $500.00, PER THE BOND SCHEDULE. THE GLASS PIPE WAS LATER TESTED USING AN AGENCY ISSUED FIELD TEST KIT AND TESTED POSITIVE FOR METHAMPHETAMINE. THE PIPE, THE CAPPED NEEDLE and THE 9 PILLS WILL BE TURNED INTO EVIDENCE. THE PILLS WILL BE TURNED IN FOR DESTRUCTION. THE PILLS WERE IDENTIFIED USING DRUG.COM AS GEMFIBROZ, 600 MILLIGRAMS. |
