| Probable cause affidavit: |
submitted by: HOWARD, RUSSELL 0297\t (AR16-18741) (16-38320) ANY PERSON WHO WILLFULLY FLEES OR ATTEMPTS TO ELUDE A LAW ENFORCEMENT OFFICER IN AN AUTHORIZED LAW ENFORCEMENT PATROL VEHICLE, WITH AGENCY INSIGNIA AND OTHER JURISDICTIONAL MARKINGS PROMINENTLY DISPLAYED ON THE VEHICLE, WITH SIREN AND LIGHTS ACTIVATED, AN DURING the COURSE OF THE FLEEING OR ATTEMPTED ELUDING DROVE AT A HIGH SPEED, OR IN ANY MANNER WHICH DEMONSTRATED A WANTON DISREGARD FOR THE SAFETY OF PERSONS OR PROPERTY, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(3)(A); AND DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193; 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). ON 032116 AT APPROXIMATELY 2301 HOURS, WHILE DRIVING NORTH OF HIGHWAY 41 JUST SOUTH OF THE INTERSECTION OF STATE ROAD 200, I OBSERVED A SMALL BLACK HONDA DRIVING SOUTH ON HIGHWAY 41. IT TURNED LEFT TO PROCEED ONTO HIGHWAY 200 AND IMMEDIATELY RAN the STOP SIGN AT HIGHWAY 200 and THE CROSSOVER JUST SOUTH OF THE CUMBERLAND FARMS. the VEHICLE THEN IMMEDIATELY TURNED INTO THE PARKING LOT OF CUMBERLAND FARMS AND PULLED IN AT AN ANGLE IN ONE OF THE PARKING SPACES. I THEN PULLED UP BEHIND IT AND SHORTLY AFTER PERFORMED A TRAFFIC STOP ON the VEHICLE, BEARING FLORIDA LICENSE PLATE CPJR94. AT ONE POINT THE VEHICLE LURCHED FORWARD AND STOPPED WHILE IN THE PARKING SPACE. I THEN APPROACHED THE DRIVER'S DOOR WHERE I OBSERVED the DEFENDANT, LATER IDENTIFIED THROUGH HIS FLORIDA DRIVER'S LICENSE aS MR PRINTIS SHELL. MR SHELL HAD A VERY SLOW REACTION, VERY SLOW DRAGGING SPEECH PATTERN, BLOODSHOT, GLASSY EYES AND APPEARED HEAVILY UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE I theN RETURNED TO MY VEHICLE AND CALLED FOR A BACKUP UNIT. I THEN TOLD the DRIVER TO TURN OFF HIS ENGINE, WHICH HE DID. DEPUTY J WILLIAM (0730) ARRIVED SHORTLY AFTER. I THEN EXPLAINED TO DEPUTY J WILLIAMS WHAT WAS GOING ON. AT THAT POINT, THE DEFENDANT RESTARTED HIS VEHICLE AND BEGAN TO BACK OUT OF THE PARKING SPACE and PULLED FORWARD TO THE WEST OF MY VEHICLE ATTEMPTING TO EITHER CHANGE HIS PARKING POSITION OR LEAVE THE PARKING LOT. I THEN MOVED MY VEHICLE TO THE WEST OF MY ORIGINAL LOCATION, GOT OUT OF MY VEHICLE AND APPROACHED THE FRONT OF HIS VEHICLE ON the DRIVER SIDE. I THEN LOOKED AT THE DEFENDANT AND TOLD HIM TO PUT THE VEHICLE IN PARK AND TURN IT OFF. HE THEN STATED "NO I'M NOT GOING TO DO THAT". HE THEN ACCELERATED INTO MY LEFT HAND AND PROCEEDED TO GO WEST THROUGH THE PARKING LOT. HE THEN TURNED NORTH ON HIGHWAY 41 and PROCEEDED TO ACCELERATE AT A HIGH RATE OF SPEED. I THEN GOT BACK IN MY PATROL VEHICLE, TURNED ON MY SIREN WITH LIGHTS ALREADY ON AND BEGAN TO PURSUE THE DEFENDANT NORTH ON HIGHWAY 41. AT THE CROSS STREET OF EAST LOUISE LANE, THE DEFENDANT WAS TRAVELING IN THE 90 MILE PER HOUR (MPH) SPEED RANGE. THE DEFENDANT'S VEHICLE THEN DROVE ACROSS THE CENTER LINE INTO THE SOUTHBOUND LANE DRIVING NORTH AND THEN RETURNED TO THE NORTHBOUND LANE. HE THEN WENT BACK INTO THE SOUTHBOUND LANE AND STOPPED IN THE SOUTHBOUND LANE WITH A LARGE SEMI TRUCK HEADING TOWARDS HIM. the SEMI TRUCK WAS ABLE TO STOP. the DEFENDANT'S VEHICLE THEN PULLED BACK INTO THE NORTHBOUND LANE SLOWLY AND THEN OFF THE SHOULDER OF the ROAD AND THEN HE STUCK HIS HANDS OUT THE DRIVER SIDE WINDOW. BOTH I AND DEPUTY J WILLIAMS DREW OUR SERVICE WEAPONS AND HAD the DEFENDANT EXIT HIS VEHICLE AND HAD HIM LAY ON the GROUND IN THE PRONE POSITION. THE DEFENDANT WAS THEN ARRESTED, HANDCUFFED (DOUBLE LOCKED) AND WAS SEAT BELTED IN the REAR OF MY PATROL VEHICLE. WHILE IN the BACK OF MY PATROL VEHICLE, the DEFENDANT WAS ADVISED OF HIS MIRANDA WARNINGS FROM A PREPRINTED CARD, TO WHICH HE STATED HE UNDERSTOOD HIS RIGHTS BUT WOULD NOT GIVE A DEFINITIVE ANSWER IF HE WOULD OR WOULD NOT CONTINUE TO SPEAK TO ME. I THEN ADVISED HIM OF HIS IMPLIED CONSENT, ASKING HIM TO PROVIDE A BREATH, AS WELL AS A URINE SAMPLE, TO which HE ADVISED HE WOULD NOT PROVIDE EITHER. THE DEFENDANT 'S VEHICLE WAS SEARCHED BY DEPUTY J WILLIAMS AND DEPUTY SANCHEZ (1242). DEPUTY J WILLIAMS DISCOVERED A MARIJUANA CIGAR IN THE INTERIOR OF the VEHICLE, WHICH WAS LATER WEIGHED, WITH AN APPROXIMATELY WEIGHT OF 2.9 GRAMS. THE DEFENDANT HAD A LARGE AMOUNT OF CURRENCY ON HIS PERSON, WHICH WAS LATER TAKEN and TURNED INTO THE CITRUS COUNTY DETENTION FACILITY ALONG WITH HIS PERSONAL PROPERTY. the DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. WHILE AT THE CITRUS COUNTY DETENTION FACILITY, the DEFENDANT AGAIN REFUSED TO PROVIDE BREATH OR URINE SAMPLES. HE WAS THEN ISSUED A DUI REFUSAL CITATION, NUMBER A44KRNE, WITH AN OUT OF CUSTODY COURT DATE OF 040716 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. HE WAS ALSO ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, NUMBER A44K9JE, FOR FLEEING AND ELUDING WITH A COURT DATE TO BE DETERMINED BY THE CLERK OF the COURTS. HE WAS ALSO GIVEN A WRITTEN WARNING FOR RUNNING A STOP SIGN. the DEFENDANT WAS CHARGED WITH ONE COUNT OF FLEEING AND ELUDING WHERE BOND WAS SET AT $2,000.00, ONE COUNT OF DRIVING UNDER THE INFLUENCE WHERE BOND WAS SET AT $1,000.00 AND ONE COUNT OF POSSESSION OF CANNABIS LESS THAN 20 GRAMS WHERE BOND WAS SET AT $1,000.00, FOR A TOTAL BOND OF $4,000.00. |
