| Probable cause affidavit: |
SUBMITTED BY: COX, ANDY 0543 (AR09110106) IT IS UNLAWFUL FOR ANY PERSON TO OPENLY CARRY ON OR ABOUT HIS OR HER PERSON ANY FIREARM OR ELECTRIC WEAPON OR DEVICE, IN VIOLATION OF FLORIDA STATE STATUTE 790.053. ON 072109, AT APPROXIMATELY 1420 HOURS, I INITIATED A TRAFFIC STOP ON A VEHICLE TRAVELING EASTBOUND, ON MISS MAGGIE DRIVE, IN HOMOSASSA, DISPLAYING A FLORIDA TAG 538LRK, WITH AN EXPIRED DECAL DISPLAYING AN EXPIRATION DATE OF APRIL 2009. I ACTIVATED MY BLUE LIGHTS AND THE SUSPECT'S VEHICLE STOPPED AT THE WALGREEN'S PARKING LOT ON THE NORTH END. AS I EXITED MY VEHICLE, THE SUSPECT, MR JOEL SMITH, STEPPED OUT OF HIS VEHICLE AND FACED ME, WITH HIS RIGHT HAND REACHED BEHIND HIS BACK. I DREW MY GUN THREE QUARTERS OF THE WAY OUT OF MY HOLSTER, AND STEPPED ASIDE. HE PRODUCED A LARGE BLACK WALLET AND HANDED ME HIS DRIVER'S LICENSE. WHEN HE TURNED AROUND TO REACH BACK INTO THE VAN, I SAW THE BLACK BARREL OF A PISTOL ON HIS RIGHT SIDE. I DREW MY FIREARM, POINTED IT AT THE SUSPECT'S BACK, AND ORDERED HIM TO PUT HIS HANDS UP. I TOLD THE SUSPECT IF HE REACHED for the GUN, I WOULD "FUCKING SHOOT HIM IN THE BACK". I ORDERED HIM TO THE GROUND, AND THEN REQUESTED A CODE TWO BACKUP. I THEN PLACED THE SUSPECT IN HANDCUFFS, CLOSED THE DOOR OF THE VEHICLE WITH MY LEFT FOOT, AND ORDERED THE PASSENGER OUT OF THE VEHICLE. I HAD THE SUSPECT'S WIFE, MS BRENDA SMITH, STAND WHERE I COULD SEE HER. I THEN RETRIEVED THE FIREARM, SECURED IT IN MY PATROL VEHICLE, AND WAITED FOR BACKUP TO ARRIVE. THE SUSPECT INFORMED ME THAT HE HAD A CONCEALED WEAPONS PERMIT IN HIS WALLET. I INFORMED THE SUSPECT THAT HIS WEAPON WAS NOT CONCEALED, AND HE WAS BEING ARRESTED FOR OPEN CARRYING OF WEAPONS. BEFORE PLACING THE SUSPECT IN THE VEHICLE, I SEARCHED HIS ENTIRE PERSON ON HIS FRONT LEFT SIDE. THE SUSPECT HAD A GERBER FOLDING KNIFE. THE SUSPECT'S WIFE HAD A VALID DRIVER'S LICENSE, AND AGREED TO TAKE POSSESSION OF THE SUSPECT'S VEHICLE. THE SUSPECT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HE WAS BOOKED. THE ENTIRE TRAFFIC STOP WAS VIDEO AND AUDIO TAPED. I WILL DOWNLOAD A COPY TO TURN IN TO EVIDENCE. *NOT-EXEMPT* |
