| Probable cause affidavit: |
SUBMITTED BY: PHILLIPS, CASEY 0482 (AR08105767) 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 MORE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); AND 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: THE SUBJECT HAD TWO GLASS PIPES COMMONLY USED FOR SMOKING CRACK COCAINE AND THREE PACKAGES OF ROLLING PAPERS, SCISSORS, A METAL SCALE, AND TWO INJECTIONS NEEDLES WITH THREE ADDITION SEALED HYPODERMIC NEEDLES (18 GAUGE) IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B). ON 101408 AT APPROXIMATELY 1830 HOURS, THIS DEPUTY ATTEMPTED TO CONDUCT A TRAFFIC STOP AT THE INTERSECTION OF MOSSY OAK DRIVE AND US HIGHWAY 41 SOUTH ON A GREEN FORD PICKUP TRUCK WITH AN EXPIRED REGISTRATION STICKER. THIS DEPUTY INITIATED HIS EMERGENCY LIGHTS AS THE VEHICLE TURNED SOUTH ON 41. THIS DEPUTY INITIATED HIS SIREN, MOTIONING THE TRUCK TO THE RIGHT SIDE OF THE ROADWAY. THE DRIVER OF THE VEHICLE STAYED IN THE LEFT INSIDE LANE TRAVELING AT A SLOW RATE OF SPEED AND PERIODICALLY MOTIONED OUT HIS WINDOW THAT HE WAS GOING TO TURN TO THE LEFT. THIS DEPUTY TRAVELED BEHIND THE PICKUP TRUCK TO THE INTERSECTION OF EDEN AND 41 SOUTH. DURING WHICH TIME, THE DRIVER APPEARED TO BE CONCEALING AN OBJECT OR OBJECTS UNDERNEATH HIS SEAT AND BESIDE HIS PERSON. THE DRIVER FINALLY TURNED LEFT ONTO EDEN DRIVE THEN MADE A LEFT HAND TURN INTO THE KANGAROO GAS STATION. WITH THIS DEPUTY BELIEVING THAT THE DRIVER WAS CONCEALING UNKNOWN OBJECTS, CONTACT WAS MADE WITH THE DEFENDANT, AT WHICH TIME HE WAS REMOVED FROM THE DRIVERS SEAT AND ESCORTED TO THE REAR OF THE VEHICLE. AT THAT TIME, DUE TO THE NERVOUSNESS OF THE DRIVER THIS DEPUTY CALLED FOR A BACKUP OFFICER, TO WHICH K-9 DEPUTY DAVIS ARRIVED. AT THAT TIME, THE DEFENDANT PRODUCED HIS DRIVERS LICENSE AND HIS REGISTRATION FROM HIS WALLET FROM HIS RIGHT REAR POCKET. AT THAT TIME, AT THE REAR OF THIS DEPUTY'S PATROL VEHICLE I BEGAN ISSUING THE DEFENDANT A CITATION FOR EXPIRED REGISTRATION. DURING THIS TIME K-9 DEPUTY DAVIS CONDUCTED AN EXTERIOR SNIFF WITH HIS CANINE, TO WHICH THE DOG ALERTED ON THE DRIVER SIDE DOOR. AT THIS TIME, K-9 DEPUTY DAVIS CONDUCTED A SEARCH OF THE INSIDE OF THE DEFENDANT'S VEHICLE. IT WAS AT THAT TIME K-9 DEPUTY DAVIS INSTRUCTED THIS DEPUTY TO PLACE THE DEFENDANT UNDER ARREST. AFTER THE DEFENDANT WAS SECURED, K-9 DEPUTY DAVIS ADVISED THIS DEPUTY THAT HE HAD FOUND A BLACK TIN CONTAINING TWO CLEAR BAGGIES OF WHAT APPEARED TO BE A GREEN LEAFY SUBSTANCE KNOWN TO K-9 DEPUTY DAVIS BY HIS TRAINING AND EXPERIENCE TO BE MARIJUANA. K-9 DEPUTY DAVIS THEN FIELD TESTED THE GREEN LEAFY SUBSTANCE, WHICH SHOWED A POSITIVE REACTION FOR MARIJUANA. A FURTHER SEARCH WAS COMPLETED BY DEPUTY DAVIS OF THE VEHICLE, WHICH HE LOCATED SEVERAL DRUG PARAPHERNALIA ITEMS AS TWO GLASS PIPES, NEEDLES, AND TWO COPPER SCRUB PADS. ALSO K-9 DEPUTY DAVIS ADVISED THAT THE SUBJECT HAD A MIXED DRINK IN A LARGE INSULATED MUG. AT THAT TIME, A WRECKER WAS CALLED FOR THE DEFENDANT'S VEHICLE. I THEN TRANSPORTED THE SUBJECT TO THE CITRUS COUNTY DETENTION FACILITY WHERE DEPUTY DAVIS REMAINED ON SCENE WITH THE DEFENDANT'S VEHICLE. THE VEHICLE WAS TURNED OVER TO ADVANCED TOWING AND THE EVIDENCE WAS LATER TURNED IN TO THE EVIDENCE ROOM BY THIS DEPUTY. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF POSSESSION OF MARIJUANA OVER 20 GRAMS AND TWO COUNTS OF DRUG PARAPHERNALIA CHARGES WITH HIS TOTAL BOND SET AT $3,000.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO ISSUED THREE CITATIONS. CITATION NUMBER 1741-FIR, FOR EXPIRED TAG SIX MONTHS OR LESS WITH A FINE OF $75.50, CITATION NUMBER 1742-FIR, FOR POSSESSION OF AN OPEN CONTAINER IN A MOTOR VEHICLE CITING THE DRIVER WITH A FINE OF $141.00, AS WELL AS CITATION NUMBER 1743-FIR, FOR FELONY POSSESSION OF A CONTROLLED SUBSTANCE WHILE IN CONTROL OF A MOTOR VEHICLE WITH A COURT DATE OF 103008 AT 1300 HOURS. *NOT-EXEMPT* |
