| Probable cause affidavit: |
SUBMITTED BY: MCGILL, TOMMY 1360 (AR16-19758) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY MCGILL, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: REFUSED TO EXIT THE VEHICLE AFTER SEVERAL COMMANDS AND HE HAD TO BE PHYSICALLY REMOVED FROM THE VEHICLE, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). ON 060516 AT APPROXIMATELY 0715 HOURS, I WAS CONDUCTING TRAFFIC ENFORCEMENT UTILIZING MY VEHICLE RADAR DETECTOR SYSTEM AT WEST MAIN STREET AND PINE AVENUE IN INVERNESS. I THEN OBSERVED A GREY VEHICLE TRAVELING EAST ON WEST MAIN STREET AT AN UNKNOWN HIGH RATE OF SPEED. MY RADAR SYSTEM'S DOPPLER TONE BEGAN TO GO OFF AND CLOCKED THE VEHICLE GOING 40 MILES PER HOUR IN A 20 MILES PER HOUR ZONE. I GOT BEHIND THE VEHICLE AND CONDUCTED A TRAFFIC STOP. I EXITED MY PATROL VEHICLE AND MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR BRENTEN SALERNO, WHERE I IDENTIFIED MYSELF AND THE REASON FOR THE TRAFFIC STOP. WHILE SPEAKING TO THE DEFENDANT, I OBSERVED THAT HIS EYES WERE GLASSY AND BLOOD SHOT. I ASKED THE DEFENDANT SEVERAL TIMES FOR HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. WHILE SPEAKING WITH THE DEFENDANT HIS SPEECH WAS SLURRED AND I ASKED IF HE HAD BEEN DRINKING OR SMOKING MARIJUANA AND HE SAID YEAH, I DID EARLIER SO WHAT. I ALSO OBSERVED A SMALL WHITE CIGARETTE ON THE DEFENDANT'S CENTER CONSOLE, WHICH THROUGH MY TRAINING AND EXPERIENCE I IDENTIFIED AS A ''ROACH'' (A PARTIALLY SMOKED MARIJUANA CIGARETTE). THE DEFENDANT BECAME UPSET AND ASKED WHY I PULLED HIM OVER AND I AGAIN EXPLAINED TO HIM THE REASON FOR THE TRAFFIC STOP. THE DEFENDANT BEGAN TO RAISE HIS VOICE AND I IMMEDIATELY CALLED FOR A BACK UP UNIT, AT WHICH TIME DEPUTY MOORE (0619) ARRIVED ON SCENE. I ORDERED ALL OF THE OCCUPANTS TO EXIT THE VEHICLE. THE DEFENDANT ADVISED THAT HE WAS NOT GETTING OUT OF THE VEHICLE. I GAVE THE DEFENDANT SEVERAL VERBAL COMMANDS TO EXIT THE VEHICLE AND HE BECAME CONFRONTATIONAL WHERE HE STARTED BREATHING HEAVILY, BALLED HIS FISTS UP AND STATED AGAIN that HE WAS NOT GETTING OUT OF THE VEHICLE. I ADVISED HIM THAT IF HE DID NOT GET OUT OF THE VEHICLE I WOULD ASSIST HIM AND HE STATED THAT I WOULD HAVE TO TAKE HIM out OF THE VEHICLE. I REACHED INTO THE VEHICLE, UNFASTENED THE DEFENDANT'S SEATBELT AND WHILE DOING SO THE DEFENDANT SAID IN A VERY LOW VOICE, I WISH YOU WOULD TAKE MY SEATBELT OFF, I WILL HIT YOU. I GRABBED THE DEFENDANT BY HIS LEFT ARM AND ASSISTED HIM FROM THE VEHICLE, PLACING HIM BETWEEN THE DOOR AND THE DOORFRAME OF THE VEHICLE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS THEN READ MIRANDA RIGHTS VIA PREPRINTED AGENCY ISSUED CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AND HE STATED that HE WOULD. THE DEFENDANT ASKED IF HE WAS GOING TO JAIL AND I ADVISED YES, FOR RESISTING WITHOUT VIOLENCE AND POSSESSION OF MARIJUANA LESS THAN 20 GRAMS. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING, WHERE HE WAS CHARGED with ONE COUNT OF POSSESSION OF MARIJUANA LESS THAN 20 GRAMS WITH A BOND OF $1,000.00 AND WITH ONE COUNT OF RESISTING WITHOUT VIOLENCE WITH A BOND OF $1,000.00, FOR A TOTAL BOND AMOUNT OF $2,000.00, PER THE BOND SCHEDULE. |
