| Probable cause affidavit: |
SUBMITTED BY: WATTS, ROSCOE 1299 (AR15-15570) (15-85744) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: .2 GRAMS OF METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); AND 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); AND 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, AND THIS BEING HIS SECOND OFFENSE, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). ON 063015 AT APPROXIMATELY 1803 HOURS, I WAS TRAVELING SOUTHBOUND ON HIGHWAY 19 CONDUCTING MOVING TRAFFIC ENFORCEMENT IN THE AREA OF KINGS BAY DRIVE, I DID NOTICE A SILVER SPORT UTILITY VEHICLE (SUV) TRAVELING NORTHBOUND AT NORTHEAST 8TH AVENUE. I DID ESTIMATE THE VEHICLE TO BE TRAVELING AT 60 MILES PER HOURS (MPH). MY RADAR DID SHOW A READING OF 55 MPH COMMUTING FROM MY FRONT RADAR ANTENNA (PYT855003496). I THEN VEERED INTO THE TURNING LANE, AT WHICH TIME I NOTICED THE OPERATOR OF THE VEHICLE WAS NOT WEARING HIS SEATBELT. I THEN BEGAN TO TRAVEL NORTHBOUND ON HIGHWAY 19 IN AN ATTEMPT TO CATCH UP WITH THE VEHICLE. I DID CATCH UP WITH THE VEHICLE AT HIGHWAY 19 AND KINGS BAY DRIVE WHERE the DRIVER WAS IN THE TURNING LANE TO HEAD WEST ON KINGS BAY DRIVE. THE OPERATOR OF THE VEHICLE DID NOTICE MY PATROL VEHICLE IN HIS DRIVER SIDE MIRROR AND BEGAN MAKING FURTIVE MOVEMENTS. THIS WAS EVIDENT DUE TO THE FACT THAT I WITNESSED THE DRIVER REACH ACROSS THE FRONT SEAT TOWARDS THE GLOVE BOX AND PASSENGER SIDE AREA. THE DRIVER'S HEAD DISAPPEARED OUT OF MY VIEW FOR SEVERAL SECONDS. ONCE THE VEHICLE TURNED ONTO KINGS BAY DRIVE HEADING WEST, I ACTIVATED MY OVERHEAD LIGHTS IN ORDER TO CONDUCT A TRAFFIC STOP. THE DRIVER DID NOT IMMEDIATELY PULL OVER AND KEPT REACHING TOWARDS THE PASSENGER SIDE OF the VEHICLE AND UNDERNEATH HIS SEAT. THE DRIVER FINALLY PULLED INTO THE SONIC PARKING LOT LOCATED AT 310 SOUTH KINGS BAY DRIVE. THE FINAL RESTING PLACE OF THE VEHICLE WAS AT THE FAR NORTHWEST CORNER OF THE SONIC PARKING LOT. THE OPERATOR OF THE VEHICLE IMMEDIATELY EXITED THE VEHICLE, AT which TIME I ADVISED HIM OF THE REASON FOR the TRAFFIC STOP. THE OPERATOR OF THE VEHICLE ADVISED HE DID NOT HAVE A VALID DRIVER'S LICENSE. THE OPERATOR DID GIVE ME HIS NAME OF MR MARK PFENNIGWERTH AND A DATE OF BIRTH OF 120987, WHICH WAS RAN THROUGH TELETYPE CONFIRMING THE SUBJECT DID NOT HOLD A VALID DRIVER'S LICENSE, JUST AN IDENTIFICATION CARD. DUE TO THE NERVOUSNESS OF THE SUBJECT AND HIS RECENT FURTIVE MOVEMENTS, THE SUBJECT WAS DETAINED, HANDCUFFED BEHIND HIS BACK (DOUBLE LOCKED). THE IMMEDIATELY AREAS THE SUBJECT COULD REACH WAS CHECKED FOR WEAPONS. DURING SAID CHECK, I DID FIND A PLASTIC BAGGIE UNDER THE DRIVER SEAT, WHICH CONTAINED A GREEN LEAFY SUBSTANCE, WHICH WAS LATER FIELD TESTED AND WEIGHED, AND YIELDED A POSITIVE RESULT FOR MARIJUANA AND WEIGHED APPROXIMATELY 5.5 GRAMS. AT THAT TIME, THE SUBJECT WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR DRIVING WHILE LICENSE SUSPENDED/REVOKED KNOWINGLY. THE DEFENDANT WAS READ MIRANDA VIA AN AGENCY ISSUED CARD, AT WHICH TIME HE ADVISED HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH ME. THE DEFENDANT ADVISED that HE DID HAVE A SMALL AMOUNT OF CANNABIS IN HIS VEHICLE, WHICH WAS A "ROACH" IN THE CENTER CONSOLE AND THE BAGGIE UP UNDERNEATH THE DRIVER SEAT. I DID ASK THE DEFENDANT FOR CONSENT TO SEARCH THE VEHICLE, TO WHICH HE DID GIVE PERMISSION. THE DEFENDANT WAS PLACED IN THE REAR OF MY PATROL VEHICLE WHILE BACK-UP UNITS STOOD BY WITH HIM. I DID CONDUCT A MORE THOROUGH SEARCH and DISCOVERED A CLEAR PLASTIC BAGGIE WHICH CONTAINED A CRYSTAL LIKE SUBSTANCE IN A NEW PORT CIGARETTE BOX, WHICH WAS LOCATED IN THE CENTER CONSOLE NEXT TO THE "ROACH". SAID CRYSTAL SUBSTANCE WAS LATER FIELD TESTED AND WEIGHED, WHICH YIELDED A POSITIVE RESULT FOR METHAMPHETAMINE AND WEIGHED APPROXIMATELY .2 GRAMS. I THEN ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF CANNABIS LESS THAN 20 GRAMS, POSSESSION OF A CONTROLLED SUBSTANCE, BEING METHAMPHETAMINE, AND DRIVING WHILE LICENSE SUSPENDED/REVOKED KNOWINGLY. THE DEFENDANT'S GIRLFRIEND, MS CHRISSY LAPHAM, DID ARRIVE ON SCENE TO TAKE CONTROL OF THE DEFENDANT'S VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WHERE HIS BOND WAS SET AT A TOTAL OF $4,000.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUE A UNIFORM TRAFFIC CITATION, NUMBER A1P1LEP, FOR DRIVING WHILE LICENSE SUSPENDED KNOWINGLY, WITH A COURT DATE OF 072315 AT 1300 HOURS. THE DEFENDANT WAS ALSO ISSUED WRITTEN WARNINGS, NUMBERS 398893B AND 398894B, FOR UNLAWFUL SPEED and FAILURE TO WEAR A SEATBELT. |
