| Probable cause affidavit: |
SUBMITTED BY: HOLLOWAY, WILLIAM (TODD) 0463 (AR09107641) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS/HER 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 021209 AT 0050 HOURS, I CONDUCTED A traffic stop IN the AREA OF MAIN STREET AND HENDRIX AVENUE, ON A WHITE 1993 MERCURY COUGAR BEARING FLORIDA LICENSE PLATE NUMBER 190LEI, FOR FAILURE TO MAINTAIN A SINGLE LANE. I THEN APPROACHED THE DRIVER OF THE VEHICLE AND OBTAINED HIS DRIVERS' LICENSE AND VEHICLE REGISTRATION, AND DEPUTY CRUZ APPROACHED THE PASSENGER SIDE AND OBTAINED THE OTHER OCCUPANTS IDENTIFICATION. AFTER RUNNING THE SUBJECT THROUGH FCIC/NCIC, I ASKED THE DRIVER TO STEP TO THE REAR OF the VEHICLE. AFTER TALKING to the DRIVER, I DETERMINED THAT HE WAS NOT IMPAIRED AS I HAD FIRST THOUGHT. I THEN ISSUED the DRIVER A TRAFFIC WARNING, WARNING NUMBER 240514B, FOR FAILURE TO MAINTAIN A SINGLE LANE. I THEN ASKED THE DRIVER IF HE HAD ANYTHING ILLEGAL IN the VEHICLE, TO WHICH HE STATED, NO. I ASKED THE DRIVER IF HE HAD ANYTHING ILLEGAL ON HIS PERSON, TO WHICH AGAIN HE STATED, NO. I THEN ASKED IF HE WOULD MIND EMPTYING HIS POCKETS AND IF I COULD PAT HIM DOWN, TO WHICH HE STATED, YES I COULD PAT HIM DOWN. I DID NOT LOCATE ANYTHING ILLEGAL ON HIS PERSON. I THEN APPROACHED the RIGHT FRONT PASSENGER/DEFENDANT, MR ROBERT FERGUSON, AND ADVISED HIM that THE DRIVER AUTHORIZED ME TO SEARCH the VEHICLE, AND I ASKED HIM TO STEP out. I ASKED IF HE HAD ANYTHING ILLEGAL ON HIS PERSON, TO WHICH HE STATED, NO. I THEN ASKED IF HE would EMPTY HIS POCKETS AND IF I could PAT HIM DOWN, AND HE REPLIED, YES. I DID NOT LOCATE ANYTHING ILLEGAL ON HIS PERSON OR IN HIS POCKETS. I ASKED THE REMAINING TWO PASSENGERS WHO WERE SEATED IN THE BACK SEAT TO STEP OUT OF THE VEHICLE. I AGAIN ASKED IF THEY HAD ANYTHING ILLEGAL ON THEM AND IF they WOULD EMPTY THEIR POCKETS, AT WHICH TIME THEY BOTH DID. I ASKED IF I could PAT THE MALE PASSENGER DOWN, AND HE STATED, YES. THIS MET WITH NEGATIVE RESULTS. I theN PROCEEDED TO SEARCH THE VEHICLE. UPON DOING SO, I LOCATED A SMALL CLEAR PLASTIC CIGARETTE WRAPPER WITH CANNABIS LOCATED BETWEEN the CENTER CONSOLE AND THE PASSENGER FRONT SEAT. THIS WAS THE LOCATION THAT the DEFENDANT WAS SITTING IN. I CONTINUED TO SEARCH THE REST OF the VEHICLE WITHOUT LOCATING ANYTHING ELSE ILLEGAL. I APPROACHED THE DEFENDANT AND ADVISED HIM THAT I WAS GOING TO PLACE HIM UNDER ARREST FOR POSSESSION OF CANNABIS UNDER 20 GRAMS. THE defendant KEPT YELLING AT THE OTHER OCCUPANTS OF TH VEHICLE, FOR THEM TO TELL WHO THE CANNABIS REALLY BELONGED TO. THE DEFENDANT WAS THEN PLACED IN THE BACK OF DEPUTY LAUGHLIN"S PATROL VEHICLE. DURING THIS TIME, DEPUTY LAUGHLIN REMOVED A MARLBORO CIGARETTE PACK FROM the DEFENDANT. the PLASTIC WRAPPER WAS MISSING FROM THE CIGARETTE PACK. WE THEN LOOKED AT THE OTHER OCCUPANTS CIGARETTES, AND OF THEM WERE MISSING THEIR PLASTIC WARP. WHILE DEPUTY CRUZ WAS POINTING THIS OUT TO THE DEFENDANT, HE NOTICED A LIGHT BLUE POWDER AROUND the defendant'S RIGHT NOSTRIL. WHEN THE DEFENDANT WAS ASKED WHAT THE POWDER WAS, HE STATED, IT WAS LOR TAB THAT HE HAD CRUSHED and SNORTED EARLIER. HE WAS ASKED WHERE HE OBTAINED THE LOR TAB FROM, AND HE STATED THAT HE STOLE IT FROM HIS UNCLE. DEPUTY LAUGHLIN CONTACTED THE UNCLE VIA TELEPHONE, HOWEVER, THE UNCLE DENIED THAT HE WAS MISSING ANY OF HIS PRESCRIPTION. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY LAUGHLIN FOR BOOKING and PROCESSING. THE DEFENDANT'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
