| Probable cause affidavit: |
SUBMITTED BY: CALLAHAN, CRAIG 0643 (AR08103161) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: 4 XANAX PILLS 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 7.5 GRAMS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B); AND 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: ZIGZAG ROLLING PAPERS, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B). ON 051008 AT APPROXIMATELY 2217 HOURS, I WAS TRAVELLING EASTBOUND ON STATE ROAD 44 APPROACHING THE INTERSECTION OF TURKEY OAK WHEN I OBSERVED A RED NISSAN PICKUP TRUCK WHICH WAS BEING DRIVEN BY THE DEFENDANT, MR PAYTON SMITH, TRAVELING WESTBOUND ON SR44. UPON OBSERVING THE VEHICLE, I NOTICED THAT THE DRIVER'S SIDE HEADLIGHT WAS OUT, AT WHICH TIME I INITIATED MY OVERHEAD LIGHTS AND CONDUCTED A TRAFFIC STOP AT THE INTERSECTION OF STATE ROAD 44 AND NORTHEAST 12TH AVENUE. UPON MAKING CONTACT WITH THE DEFENDANT, I REQUESTED HIS DRIVER'S LICENSE AND REGISTRATION, WITH WHICH HE WAS ABLE TO PROVIDE ME. WHILE SPEAKING WITH THE DEFENDANT, I COULD SMELL A STRONG ODOR OF MARIJUANA SMOKE EMITTING FROM THE VEHICLE. ALSO I NOTICED THAT THE DEFENDANT WAS EXTREMELY NERVOUS AND I OBSERVED THE DEFENDANT'S HANDS TO BE SHAKING, AND HE WAS AVOIDING EYE CONTACT WITH ME WHILE I SPOKE WITH HIM. UPON DETECTING THE ODOR OF MARIJUANA IN THE VEHICLE, I ASKED THE DEFENDANT IF THERE WERE ANY DRUGS IN THE VEHICLE THAT I SHOULD KNOW ABOUT, AT WHICH TIME HE OPENED HIS ASHTRAY AND HANDED ME A PARTIALLY SMOKED MARIJUANA "JOINT", COMMONLY REFERRED TO AS A ROACH. THE DEFENDANT ADVISED THAT THERE WAS NOTHING FURTHER IN THE VEHICLE, AT WHICH TIME I REQUESTED HE STEP OUT OF THE VEHICLE, TO WHICH HE DID. UPON SEARCHING THE VEHICLE, I FOUND THREE MORE PARTIALLY SMOKED MARIJUANA "JOINTS" IN THE VEHICLE'S ASHTRAY. UPON FURTHER INSPECTION FOR THE VEHICLE I FOUND A CLEAR PLASTIC BAGGIE OF MARIJUANA. FOUR SMALL WHITE PILLS WHICH WERE LATER IDENTIFIED AS XANAX, 2 MG., WERE FOUND IN A PLASTIC CONTAINER WHICH ALSO HAD THE VEHICLE'S REGISTRATION AND INSURANCE INSIDE OF IT. THIS CONTAINER WAS FOUND ON THE CENTER OF THE VEHICLE'S BENCH SEAT. THE DEFENDANT WAS PATTED DOWN, AND UPON DOING SO, ZIG-ZAG ROLLING PAPERS, COMMONLY USED TO SMOKE MARIJUANA, WERE FOUND IN HIS RIGHT SIDE PANTS POCKET. AT THAT TIME THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, DOUBLE-LOCKED, AND PLACED IN THE REAR OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. WHILE EN ROUTE TO THE DETENTION FACILITY, THE DEFENDANT STATED THAT THE PILLS AND MARIJUANA FOUND IN THE VEHICLE WERE HIS, AND HE ALSO IDENTIFIED THE PILLS AS XANAX. UPON ARRIVAL TO THE DETENTION FACILITY, THE MARIJUANA WAS WEIGHED ON A STANDARD SCALE, THE WEIGHT DETERMINED TO BE 7.5 GRAMS. THE DEFENDANT'S BOND WAS SET AT $6000.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING FOR FAULTY EQUIPMENT DUE TO AN INOPERABLE HEADLIGHT. *NOT-EXEMPT* |
