| Probable cause affidavit: |
SUBMITTED BY: MATOS, THOMAS 0675 (AR11120899) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: HYDROCODONE, CODEINE AND ALPRAZOLAM, IN VIOLATION OF FLORIDA'S STATE STATUTE 893.13(6)(A). ON 052311 AT APPROXIMATELY 0200 HOURS, I RECEIVED A CALL FROM THE EMPLOYEES AT THE MCDONALDS IN CRYSTAL RIVER THAT THEY HAD A VEHICLE IN THE DRIVE THROUGH WITH THE DRIVER PASSED OUT. UPON ARRIVAL, I NOTICED A 1997 HONDA CIVIC BEARING LICENSE PLATE NUMBER AIER54 IN THE DRIVE THRU LINE JUST SHY OF THE MENU BOARD. I EXITED MY VEHICLE AND APPROACHED THE VEHICLE FROM THE DRIVER'S SIDE. I NOTICED THE DRIVER/DEFENDANT, MR DAVID KING JR, WAS SLUMPED OVER IN THE FRONT SEAT. I ATTEMPTED TO WAKE THE DEFENDANT BY PUSHING ON HIS SHOULDER AND CALLING OUT TO HIM. AFTER APPROXIMATELY ONE MINUTE OF ATTEMPTING TO WAKE HIM, THE DEFENDANT FINALLY STARTED COMING AROUND. AFTER ANOTHER FEW MINUTES OF TRYING TO COMMUNICATE WITH THE DEFENDANT, HE WAS FINALLY ABLE TO TELL ME THAT HE THOUGHT HE WAS IN A DREAM. I WAS ABLE TO FINALLY COAX THE DEFENDANT TO EXIT HIS VEHICLE AND SPEAK WITH ME. UPON EXITING THE VEHICLE, I NOTICED A HALF EMPTY BOTTLE OF BUD LIGHT WEDGED BETWEEN THE DRIVER'S SEAT AND THE CENTER CONSOLE. THE DEFENDANT ADVISED THAT HE HAD BEEN FISHING AND DRINKING ALL DAY. AFTER PERFORMING FIELD SOBRIETY TASKS ON THE DEFENDANT, IT WAS DETERMINED THAT HE WAS UNDER THE INFLUENCE OF SOME SUBSTANCE, BUT POSSIBLY NOT JUST ALCOHOL. WHEN I ASKED THE DEFENDANT IF HE HAD ANYTHING IN HIS POCKETS, HE NODDED AND PLACED HIS RIGHT HAND IN HIS RIGHT FRONT PANTS POCKET AND PULLED OUT A PRESCRIPTION PILL BOTTLE. THE DEFENDANT HANDED ME THE PRESCRIPTION PILL BOTTLE WHICH WAS A CVS PHARMACY PRESCRIPTION FOR ALPRAZOLAM 1MG PRESCRIPTION NUMBER C401559 WHICH WAS PRESCRIBED TO THE DEFENDANT AND FILLED 052211. I OPENED THE PRESCRIPTION BOTTLE AND IMMEDIATELY NOTICED THAT THERE WERE SEVERAL DIFFERENT TYPES OF PILLS IN THE BOTTLE. WHEN I ASKED THE DEFENDANT WHAT ELSE HE HAD IN THE PILL BOTTLE, HE ADVISED THAT THEY WERE JUST DIFFERENT KINDS OF XANAX. AFTER EXAMINING THE ENTIRE CONTENTS OF THE BOTTLE, IT WAS FOUND THAT THERE WERE FOUR DIFFERENT TYPES OF PILLS IN THE BOTTLE AS FOLLOWS: 3 HYDROCODONE 650 MG A SCHEDULE THREE CONTROLLED SUBSTANCE, 1 CODEINE 300 MG A SCHEDULE THREE CONTROLLED SUBSTANCE, 7 ALPRAZOLAM 2MG A SCHEDULE TWO CONTROLLED SUBSTANCE AND 64 OF THE 90 PILLS OF ALPRAZOLAM 1MG THAT THE ORIGINAL PRESCRIPTION CALLED FOR. AFTER NOTIFYING THE DEFENDANT OF THE IDENTIFICATION OF THE OTHER THREE TYPES OF PRESCRIPTION PILLS FOUND IN HIS PRESCRIPTION BOTTLE, HE ADVISED THAT HE DID NOT HAVE A PRESCRIPTION FOR THE CODEINE, BUT DID POSSESS A PRESCRIPTION AT HOME FOR THE HYDROCODONE AND THE ALPRAZOLAM 2MG. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT ADVISED THAT HE DID HAVE A LOADED FIRE ARM IN THE GLOVE BOX OF HIS VEHICLE. I DID LOCATE THE FIRE ARM ON THE FRONT PASSENGER'S SEAT OF THE DEFENDANT'S VEHICLE. THE FIREARM WAS A WALTHER SMITH AND WESSON .40 CALIBER WITH SERIAL NUMBER 480249. I DID RUN THIS WEAPON THROUGH FCIC/NCIC WHICH YIELDED NEGATIVE RESULTS. THE WEAPON WAS SECURED IN THE GLOVE BOX OF THE DEFENDANT'S VEHICLE PER THE DEFENDANT'S REQUEST. THE VEHICLE WAS SECURED IN A PARKING SPACE AT THE MCDONALDS RESTAURANT AND LOCKED AS PER THE DEFENDANT'S REQUEST. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $15,000.00, PER THE BOND SCHEDULE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
