| Probable cause affidavit: |
SUBMITTED BY: MULLINS, MARVIN 0493 (AR15-16199) 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 (THIRD OFFENSE), IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: 16 DIAZEPAM 10 MG PILLS, AND ONE OXYCODONE 15 MG PILL, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). 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 LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY MULLINS, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: RAN AWAY FROM A TRAFFIC STOP WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 082715, AT APPROXIMATELY 2330 HOURS, I WAS PARKED ON THE WEST SIDE OF EDEN GARDENS AVENUE, CLOSE TO THE intersection OF PEACE COURT, DUE TO MULTIPLE COMPLAINTS IN REFERENCE TO THE DEFENDANT POSSIBLY DRIVING UNDER THE INFLUENCE THROUGH THE EDEN GARDENS SUBDIVISION. WHILE I WAS CONDUCTING STATIONARY TRAFFIC PATROL OF THE AREA, I OBSERVED A RED FOUR-DOOR VEHICLE TRAVELING SOUTHBOUND FROM VICTORY LANE. UPON THE DRIVER NOTICING MY PATROL VEHICLE, HE TURNED EAST ON PEACE COURT, TURNED AROUND AND TURNED BACK NORTH ON EDEN GARDENS AVENUE. AS THE VEHICLE TURNED ON PEACE COURT, IT WAS UNDERNEATH A STREET LIGHT. BECAUSE THE WINDOWS WERE NOT DARK, I COULD SEE WHAT APPEARED TO BE A WHITE MALE DRIVER WHO IS KNOWN TO ME AS MR JUSTEN HUFF. I AM FAMILIAR WITH MR JUSTEN HUFF, DUE TO A PREVIOUS incident WHERE I WAS THE investigatiNG OFFICER. I ALSO HAVE KNOWLEDGE THAT MR JUSTEN HUFFâS DRIVER'S LICENSE IS SUSPENDED. I THEN ENTERED THE ROADWAY ON EDEN GARDENS AVENUE AND AS SOON AS I DID THE VEHICLE INSTANTLY SPED UP AND RAN THE STOP SIGN AT EDEN GARDENS AVENUE AND VICTORY LANE, TURNING WEST ON VICTORY LANE. THE VEHICLE CONTINUED TO ACCELERATE AND TURNED NORTH ON SCHMIDT AVENUE. DUE TO THE TRAFFIC OFFENSE OF RUNNING THE STOP SIGN, I INITIATED MY OVERHEAD EMERGENCY LIGHTS TO CONDUCT A TRAFFIC STOP. THE VEHICLE THEN TURNED WEST ON CLOVERNOOK LANE AND PULLED IN BEHIND 10333 EAST CLOVERNOOK LANE, WHICH IS THE DEFENDANTâS HOME ADDRESS. THE DRIVER THEN IDENTIFIED AS THE DEFENDANT, MR JUSTEN HUFF, JUMPED OUT OF THE VEHICLE WITH ITEMS FALLING OFF OF HIS LAP AND ONTO THE GRASS. THE DEFENDANT BEGAN RUNNING EAST BEHIND A SHED ON THE PROPERTY TOWARD THE RESIDENCE. I YELLED SEVERAL TIMES FOR THE DEFENDANT TO STOP AND AFTER APPROXIMATELY FOUR COMMANDS WHILE RUNNING, I WAS ABLE TO CATCH UP WITH HIM AND HE STOPPED RUNNING DIRECTLY BEHIND THE RESIDENCE. I PLACED THE DEFENDANT IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK AND WALKED HIM BACK TO MY PATROL VEHICLE. THE DEFENDANT MADE AN EXCITED UTTERANCE ââPLEASE JUST WRITE ME A TICKET, ALL I HAVE IS A LITTLE WEEDââ. I READ THE DEFENDANT HIS MIRANDA RIGHTS VIA PREPRINTED MIRANDA CARD AND HE AGREED TO SPEAK with ME. I ASKED THE DEFENDANT WHERE THE WEED WAS AND HE ADVISED THAT IT FELL OFF HIS LAP. AT THAT TIME, I APPROACHED THE VEHICLE, WHERE I OBSERVED A CLEAR PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE, WHICH THROUGH MY TRAINING AND EXPERIENCE I IDENTIFIED AS MARIJUANA, LAYING ON THE GRASS, UNDERNEATH THE DRIVERâS SIDE DOOR. NEXT TO THE CLEAR PLASTIC BAGGIE I ALSO OBSERVED A SMALL YELLOW AND WHITE CONTAINER. BOTH THE CONTAINER AND THE CLEAR PLASTIC BAGGIE WERE DRY SITTING ON TOP OF WET GRASS, CONSISTENT WITH BOTH ITEMS FALLING OFF THE DEFENDANTâS LAP. I WALKED BACK TO THE PATROL VEHICLE WHERE THE DEFENDANT WAS AND ASKED HIM ABOUT THE CONTAINER. THE DEFENDANT ADVISED THAT THEY WERE PILLS THAT WERE PRESCRIBED TO HIS DAD. I ASKED THE DEFENDANT WHAT PILLS WERE INSIDE THE CONTAINER AND HE ADVISED VALIUM AND OXYCODONE. I ASKED THE DEFENDANT IF HE HAD A PRESCRIPTION FOR EITHER OF THE CONTROLLED SUBSTANCES AND HE STATED THAT HE DID NOT. INSIDE THE CONTAINER, I LOCATED 16 SMALL BLUE PILLS THAT WERE IDENTIFIED THROUGH POISON CONTROL AS 10 MG DIAZEPAMS AND ONE SMALL GREEN PILL THAT WAS ALSO IDENTIFIED THROUGH POISON CONTROL AS 15 MG OXYCODONE. BOTH PILLS ARE CONTROLLED SUBSTANCES. I ASKED THE DEFENDANT WHY HE WAS DRIVING, KNOWING THAT HIS DRIVER'S LICENSE IS SUSPENDED, AND HE STATED that HE WAS JUST OUT LOOKING FOR HIS GIRLFRIEND. I WAS ABLE TO MAKE CONTACT WITH THE DEFENDANTâS FATHER, MR BILLY HUFF JR, WHO LIVES AT THE SAME ADDRESS. HE ADVISED THAT HE DID NOT HAVE PRESCRIPTIONS FOR THOSE NARCOTICS AND HE DID NOT KNOW WHERE THE DEFENDANT WOULD HAVE ACQUIRED THEM. I MADE CONTACT WITH THE DEFENDANT AGAIN AND ADVISED HIM THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING WHILE LICENSE SUSPENDED, POSSESSION OF CONTROLLED SUBSTANCE, POSSESSION OF MARIJUANA LESS THAN 20 GRAMS AND RESISTING WITHOUT VIOLENCE. I RAN A CRIMINAL HISTORY ON THE DEFENDANT WHERE IT WAS LEARNED THAT HE HAD TWO PRIOR CONVICTIONS FOR DRIVING WHILE LICENSE SUSPENDED, MAKING THIS HIS THIRD OFFENSE. DURING A SEARCH incident TO ARREST OF THE DEFENDANTâS PERSON, I DID LOCATE A SINGLE BLACK SINGLE STACK HANDGUN MAGAZINE WITHOUT BULLETS IN IT. DUE TO UNRELATED RECENT CASES WITHIN THE CITRUS COUNTY SHERIFF'S OFFICE INVOLVING THE DEFENDANT, I COLLECTED THIS MAGAZINE, WHICH WILL BE TURNED IN TO EVIDENCE. ALL OF THE NARCOTICS WERE COLLECTED AND WILL BE TURNED IN TO EVIDENCE. I ISSUED THE DEFENDANT WRITTEN WARNING NUMBER 397710B, FOR RUNNING THE STOP SIGN AS WELL AS A CRIMINAL UNIFORM TRAFFIC CITATION 8108-HBH9, FOR DRIVING WHILE LICENSE SUSPENDED. I TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS CHARGED WITH DRIVING WHILE LICENSE SUSPENDED WITH A BOND OF $5,000.00, POSSESSION OF CONTROLLED SUBSTANCE WITH A BOND OF $2,000.00, POSSESSION OF MARIJUANA LESS THAN 20 GRAMS WITH A BOND OF $1,000.00 AND RESISTING WITHOUT VIOLENCE WITH A BOND OF $1,000.00, FOR A TOTAL BOND AMOUNT OF $9,000.00, PER THE BOND SCHEDULE. because THE VEHICLE WAS ON THE PRIVATE PROPERTY THAT IT WAS REGISTERED TO, THE VEHICLE WAS LEFT AT THE RESIDENCE SECURED. USING A TRADITIONAL SCALE AT THE CITRUS COUNTY DETENTION FACILITY, I WEIGHED THE MARIJUANA, WHICH WEIGHED APPROXIMATELY FIVE GRAMS. |
