| Probable cause affidavit: |
SUBMITTED BY: HILBERER, BRIAN 0440 (AR07005300) 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 twenty grams or less, in violation of Florida Statutes 893.13(6)(a), 893.13(6)(b) and 893.03(1)(c)7. did unlawfully have in HIS actual or constructive possession with 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, MARIJUANA, said object being A METAL MARIJUANA GRINDER, in violation of Florida Statutes 893.145 and 893.147. ON 092707 AT APPROXIMATELY 0155 HOURS, I WAS CONDUCTING TRAFFIC ENFORCEMENT ON HIGHWAY 44 EAST. WHILE RUNNING STATIONARY RADAR IN THE AREA OF HIGHWAY 44 EAST AND SOUTH TRANQUIL POINT i observed a white oldsmobile traveling eastbound at a high rate of speed. i visually estimated the vehicle's speed to be approximately 60 to 65 miles per hour. upon activating my radar to confirm my VISUAL estimation thE radar gave a reading of 61 miles per hour in a posted 50 mile per hour zone. at that time, i pulled out and inItiated a traffic stop on thE vehiCle at the intersection of highway 44 east and south dove loop. i then made contact with the driver/defendant, mr chad knott and explained the reason for the traffic stop. the defendant ADVISED that he thought THE speed limit was 55 MILES PER HOUR. i asked the defendant for his driver's license which he provided. also in the vehicle was a white female, WHO was seated in the front passenger seat. i also obtained her driver's license and THEN returned BACK to my patrol vehicle. UPON RETURNING BACK TO MY PATROL VEHICLE, i ran the both subjects information through my computer. i again made contact with the defendant and asked him to exit the vehicle. upon exiting the vehicle i issued the defendant written warninG, 203938b, for unlawful speed which the defendant signed. at that time, i asked the defendant if he had any guns, weapons, drugs or open containers of alcohol inSIDE his vehicle, to which he stated he did not. i then asked the defendant for consent to search his vehicle, TO WHICH the defendant gave verbal consent and stated "sure GO AHEAD." i made contact with the female passenger and asked her to exit the vehicle. while searching the vehicle i discovered in the glove box what appeared to be a stack of black poker chips. upon closer inspection of the chips i discovered that it was in fact a metal marijuana grinder. upon opening the grinder it was filled with a green leafy substance which i BELIEVED to be marijuana. the green leafy substance was field tested and testeD POSITIVE for marijuana. i then made contact with the defendant and advised him of what i had discovered, to which he denied ownership of the marijuana and grinder. the female passenger also denied any KNOWLEDGE of the marijuana and grinder. when i advised the defendant that i had discovered the grinder in the glove box underneath SOME OTHER items in the glove box. he stated "you found that under some items? iT SHOULDN'T have been under anything." this indicated to me that the defendant did in fact haVE knowledge that the marijuana AND grinder were in the glove box. at that time, the defendant was placed under arrest, handcuffed (double-locked) behind his back AND SECURED in the rear seat of my patrol vehicle. the defendant's vehicle was released to the passenger at the defendant's request. the defendant was then transported to the citrus county detention facility where his bond was set at $1,000.00 per the bond schedule. the marijuana and grinder were later in to the citrus county sheriff's office evidence locker. *NOT-EXEMPT* |
