| Probable cause affidavit: |
SUBMITTED BY: PEIRCE, JESSICA 0746 (AR16-18986) DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE, 322.34(2)(B). NO MOTOR VEHICLE REGISTRATION, VEHICLE NOT REGISTERED, IN VIOLATION OF FLORIDA STATE STATUTE, 320.02(1). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY PEIRCE, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: BY LYING TO DEPUTY PEIRCE WHILE SHE WAS CONDUCTING A TRAFFIC OFFENSE INVESTIGATION, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE, 843.02. ON 041116, I WAS AT THE RACE TRAC GAS STATION LOCATED AT 3861 SOUTH SUNCOAST BOULEVARD IN HOMOSASSA. AT THAT TIME, I OBSERVED A GOLD IN COLOR HONDA ACCORD VEHICLE ENTER THE PARKING LOT AND PULL INTO A PARKING SPOT. I THEN OBSERVED A WHITE MALE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR BRENDEN SMITH; EXIT THE VEHICLE FROM THE DRIVER'S SIDE. I ALSO OBSERVED THE VEHICLE TAG TO BE A PIECE OF CARDBOARD THAT WAS DUCT TAPED TO THE VEHICLE, BEARING THE HANDWRITTEN NUMBER OF T-517069. I THEN ENTERED THE TAG NUMBER INTO THE ''DAVID'' AND FCIC/NCIC SYSTEMS WHICH RETURNED WITH NO MATCHES FOUND. AT THAT TIME, I APPROACHED THE PASSENGER, MS DANIELLE DEL-BORELLO/DEFENDANT. WHEN QUESTIONED, DEFENDANT DEL-BORELLO ADVISED THAT SHE WAS DRIVING THE VEHICLE, HOWEVER, SHE GOT IN TO THE PASSENGER SEAT WHEN DEFENDANT SMITH WENT INSIDE THE STORE TO GET A DRINK. I ASKED DEFENDANT DEL-BORELLO SEVERAL TIMES WHO WAS DRIVING THE VEHICLE, TO WHICH SHE REPEATEDLY STATED SHE WAS. AT THAT TIME, DEFENDANT SMITH WALKED OUTSIDE OF THE GAS STATION. UPON APPROACHING THIS DEPUTY, I REQUESTED HIS DRIVER'S LICENSE, TO WHICH HE ADVISED IT WAS CURRENTLY SUSPENDED. HE FURTHER ADVISED THAT HE IS CURRENTLY ON PROBATION FOR POSSESSION OF A CONTROLLED SUBSTANCE. DEFENDANT SMITH THEN ADVISED THAT HE WAS NOT DRIVING, AND THAT HE HAS A PENDING COURT DATE FOR DRIVING ON A SUSPENDED DRIVER'S LICENSE. I INFORMED BOTH PARTIES THAT I OBSERVED THEM PULL INTO THE GAS STATION, WHERE I OBSERVED DEFENDANT SMITH EXIT THE DRIVER'S SIDE OF THE VEHICLE. I THEN ADVISED BOTH PARTIES THAT I WOULD GO INSIDE THE STORE WITH THEM AND OBTAIN VIDEO SURVEILLANCE FOOTAGE TO DETERMINE WHO WAS DRIVING THE VEHICLE. DEFENDANT SMITH THEN ADMITTED THAT HE WAS DRIVING THE VEHICLE AND ''WAS STUPID FOR DOING IT'', ESPECIALLY SINCE DEFENDANT DEL-BORELLO HAS A VALID DRIVER'S LICENSE. I ASKED DEFENDANT SMITH WHO THE VEHICLE BELONGS TO, TO WHICH HE STATED HIS ROOM MATE RECENTLY PURCHASED IT. AT THAT TIME, I INFORMED HIM THAT WHEN I RAN THE HAND WRITTEN TAG INFORMATION IT CAME BACK AS INVALID. I INFORMED HIM THAT I ALSO RAN THE VEHICLE BY ITS ''VIN'' NUMBER WHICH RESULTED IN NOT COMING BACK TO A REGISTERED OWNER. I THEN ADVISED DEFENDANT SMITH THAT HE WAS BEING PLACED UNDER ARREST FOR ONE COUNT OF DRIVING WHILE LICENSE SUSPENDED/REVOKED (WITH KNOWLEDGE) AND ONE COUNT OF UNREGISTERED MOTOR VEHICLE. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SEATED IN THE REAR OF MY PATROL VEHICLE. DEFENDANT DEL-BORELLO WAS SUBSEQUENTLY PLACED UNDER ARREST FOR ONE COUNT OF RESIST OFFICER WITHOUT VIOLENCE FOR HINDERING THIS DEPUTIES INVESTIGATION BY LYING TO ME. THE DEFENDANT HAD SEVERAL OPPORTUNITIES TO TELL THIS DEPUTY THE TRUTH, BUT FAILED TO DO SO UNTIL SHE WAS PLACED IN HANDCUFFS (DOUBLE LOCKED) BEHIND HER BACK. DEFENDANT DEL-BORELLO WAS ALSO SEATED IN THE REAR OF MY PATROL WHERE BOTH DEFENDANTS' WERE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, DEFENDANT SMITH WAS CHARGED WITH ONE COUNT OF ''DWLS'' KNOWINGLY (SECOND OFFENSE) WITH A BOND OF $1,000.00 AND ONE COUNT OF UNREGISTERED MOTOR VEHICLE WITH A BOND SET AT $1,000.00 FOR A TOTAL BOND OF $2,000.00. DEFENDANT DEL-BORELLO WAS CHARGED WITH ONE COUNT OF RESIST OFFICER WITHOUT VIOLENCE, WHERE HER BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. DEFENDANT SMITH WAS ISSUED TWO UNIFORM TRAFFIC CITATIONS, A21DHTP FOR UNREGISTERED MOTOR VEHICLE AND A21DHUP FOR DRIVING ON A SUSPENDED LICENSE KNOWINGLY. BOTH CARRY A MANDATORY COURT DATE SET FOR 042816 AT 1300 HOURS. DEFENDANT SMITH WAS PROVIDED WITH HIS COPY OF THE CITATIONS AND VERBALLY INFORMED OF HIS COURT DATE AND BOND AMOUNTS. DEFENDANT SMITH WAS ADVISED THAT THE VEHICLE WAS LEFT SECURED IN THE RACE TRAC IN HOMOSASSA. THE PROPERTY OF BOTH DEFENDANTS' WAS TURNED OVER TO DETENTION STAFF WITH NO FURTHER ACTION. |
