| Probable cause affidavit: |
SUBMITTED BY: CALLAHAN, CRAIG 0643 (13-72893) 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; MARIJUANA, TO WIT: METAL PIPE CONTAINING MARIJUANA RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ON 060113, AT APPROXIMATELY 1730 HOURS, I WAS TRAVELING WESTBOUND ON EAST TURNER CAMP ROAD IN THE AREA OF NORTH TIKI TERRACE IN INVERNESS, FLORIDA. UPON DOING SO I OBSERVED SILVER IN COLOR, TOYOTA PICKUP TRUCK, BEARING TAG NUMBER P034TK, WHICH WAS PULLING A SMALL HOMEMADE TRAILER ALSO TRAVELING WESTBOUND ON TURNER CAMP ROAD IN FRONT OF MY PATROL VEHICLE. UPON FURTHER OBSERVATION OF THE TRAILER I NOTICED IT DID NOT HAVE A TAG ATTACHED, AT WHICH TIME I ACTIVATED MY EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP IN THE AREA OF NORTH TIKI TERRACE AND EAST TURNER CAMP ROAD. UPON MAKING CONTACT WITH THE DRIVER, IDENTIFIED AS MR LESLIE WARD, I REQUESTED HIS DRIVERâS LICENSE AND REGISTRATION AND ADVISED HIM OF THE TRAFFIC INFRACTION. I ALSO ASKED THE FRONT SEAT PASSENGER, LATER IDENTIFIED AS THE DEFENDANT, MR MICHAEL FRANKLIN, IF HE WOULD MIND GIVING ME HIS DRIVERâS LICENSE, AS WELL. WHILE RUNNING BOTH SUBJECTS INFORMATION THROUGH FCIC/NCIC, VIA MY PORTABLE RADIO, I ASKED THEM IF THERE WAS ANYTHING IN THE VEHICLE I SHOULD BE AWARE OF OR THAT MAY BE ILLEGAL. UPON DOING SO THE DEFENDANT, MR MICHAEL FRANKLIN, ADVISED ME HE DID HAVE A MARIJUANA PIPE IN HIS RIGHT PANTS POCKET. I THEN REQUESTED CANINE DEPUTY BEHNEN TO THE SCENE. AFTER A SHORT TIME DEPUTY BEHNEN ARRIVED ON SCENE WHERE AN EXTERIOR CANINE SNIFF WAS CONDUCTED AND I WAS ADVISED BY DEPUTY BEHNEN THAT HIS DOG HAD ALERTED TO THE PRESENCE OF AN ILLEGAL SUBSTANCE INSIDE THE VEHICLE. DURING THE STOP THE DEFENDANT VOLUNTARILY AGREED TO HAND THE MARIJUANA PIPE TO THIS DETECTIVE, AT WHICH TIME I IMMEDIATELY RECOGNIZED IT, THROUGH MY TRAINING AND EXPERIENCE, TO BE A MARIJUANA PIPE. FURTHER MORE, THE MARIJUANA PIPE CONTAINED BURNT RESIDUE, CONSISTENT WITH THE SMELL AND TEXTURE OF BURNT MARIJUANA. THE PIPE WAS TAKEN AND LATER TURNED OVER TO CITRUS COUNTY SHERIFFâS OFFICE EVIDENCE. PRIOR TO LEAVING THE SCENE THE DEFENDANT WAS ISSUED A NOTICE TO APPEAR CITATION NUMBER 19626, WITH A MANDATORY COURT APPEARANCE DATE OF 062013 AT 1300 HOURS. BOTH SUBJECTS WERE THEN RELEASED FROM THE SCENE. NO FURTHER ACTION TAKEN BY THIS DETECTIVE. |
