| Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0652 (AR12-1142) THE DEFENDANT 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 UNDER TWENTY GRAMS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B) AND THE DEFENDANT 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: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, SAID OBJECT BEING A METAL PIPE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1) ON 051312 AT 1803 HOURS, I RESPONDED TO DEPUTY WILSONâS TRAFFIC STOP LOCATION, AT EAST HIGHLAND BOULEVARD AND SOUTH APOPKA AVENUE IN INVERNESS, AS BACKUP. UPON ARRIVAL, I WAS ADVISED BY DEPUTY WILSON THAT THE TAG ON THE VEHICLE HAD NOT BEEN ASSIGNED TO THE VEHICLE AND THAT THERE WAS AN ACTIVE WARRANT FOR THE ARREST OF THE PASSENGER. DEPUTY WILSON ALSO STATED HE RAN THE DRIVER/DEFENDANT, MR DUSTIN DWIGHT COULTER, IN FCIC/NCIC AND WAS GIVEN A RESPONSE THAT THE DEFENDANT HAD A SUSPENDED DRIVERâS LICENSE. I THEN MADE CONTACT WITH THE DEFENDANT AND ASKED HIM TO EXIT THE VEHICLE. I ASKED THE DEFENDANT IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE, TO WHICH HE STATED âNO SIR, YOU CAN CHECK IF YOU WANT.â I CONDUCTED A PAT-DOWN SEARCH OF THE DEFENDANT WHICH WAS MET WITH NEGATIVE RESULTS OF LOCATING ANY WEAPONS OR CONTRABAND, AT WHICH TIME I BEGAN TO SEARCH THE VEHICLE. WHILE SEARCHING THE INTERIOR OF THE VEHICLE, A SMALL STRAW WITH ONE MELTED END, AND A SMALL SQUARE OF ALUMINUM FOIL WITH BURN MARKS ON IT, WERE FOUND IN THE VEHICLEâS CENTER CONSOLE. THROUGH MY TRAINING AND EXPERIENCE THESE ITEMS WERE COMMONLY KNOWN AND USED TO SMOKE MULTIPLE TYPES OF PRESCRIPTION MEDICATION. I THEN BEGAN TO SEARCH THE BED OF THE VEHICLE WHERE THERE WAS A LARGE GREEN DUFFLE BAG. I ASKED THE DEFENDANT IF THE DUFFLE BAG BELONGED TO HIM, TO WHICH HE RESPONDED âYES.â I OPEN A SIDE POCKET ON THE DUFFLE BAG AND OBSERVED A BLUE AND SILVER METAL SMOKING PIPE AND A CLEAR ZIP LOCK STYLE BAGGIE WHICH CONTAINED A GREEN LEAFY SUBSTANCE. THE DEFENDANT WAS THEN SECURED IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK WHILE A FIELD PRESUMPTIVE TEST WAS CONDUCTED ON THE GREEN LEAFY SUBSTANCE. THE GREEN LEAFY SUBSTANCE TESTED POSITIVE FOR MARIJUANA, AT WHICH TIME THE DEFENDANT WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF MARIJUANA AND POSSESSION OF DRUG PARAPHERNALIA. THE DEFENDANT AND THE PASSENGER WERE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANTâS VEHICLE WAS TOWED BY EDâS TOWING. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS BOOKED AND HELD ON A TOTAL BOND OF $1,000.00, IN ACCORDANCE WITH THE BOND SCHEDULE. THE MARIJUANA WAS LATER WEIGHTED AT 2.5 GRAMS IN THE PLASTIC BAGGIE. THE MARIJUANA AND THE PARAPHERNALIA WERE PACKAGED AND LATER TURNED IN TO EVIDENCE. THE DEFENDANT WAS ISSUED TWO CRIMINAL UNIFORM TRAFFIC CITATIONS; CITATION NUMBER 6474-GQFX, FOR ATTACHED TAG NOT ASSIGNED; AND CITATION NUMBER 6473-GQF9, FOR DRIVING WHILE LICENSE SUSPENDED, WITH KNOWLEDGE, WITH A MANDATORY COURT APPEARANCE DATE ON 053112 AT 1300 HOURS. A VEHICLE STORAGE RECEIPT WAS COMPLETED AND LATER TURNED IN TO RECORDS. |
