| Probable cause affidavit: |
SUBMITTED BY: INDORATO, THOMAS 0712 (AR16-18805) ON 032716, AT 0315 HOURS, WHILE CONDUCTING TRAFFIC ENFORCEMENT IN INVERNESS, I OBSERVED A WHITE 2011 MAZDA UTILITY VEHICLE BEARING FLORIDA LICENSE PLATE NUMBER ALZN39 HEADING EASTBOUND ON MAIN STREET IN THE AREA OF SEMINOLE AVENUE. I OBSERVED THE VEHICLE TO BE DRIVING IN AN EXCESS OF THE POSTED SPEED LIMIT OF 35 MILES PER HOUR. I ESTIMATED THE VEHICLE SPEED TO BE APPROXIMATELY 43 MILES PER HOUR. UPON THE VEHICLE PASSING ME, I ACTIVATED MY REAR RADAR ANTENNA AND OBSERVED A CLEAR DIGITAL READOUT OF 43 MILES PER HOUR ALONG WITH A CONSISTENT AUDIO DOPPLER TONE. AT THAT TIME, I CONDUCTED A U-TURN AND POSITIONED MY MARKED PATROL VEHICLE BEHIND SAID VEHICLE. THE VEHICLE THEN TURNED EASTBOUND ON EDEN DRIVE WHERE I THEN ACTIVATED MY OVERHEAD EMERGENCY EQUIPMENT TO CONDUCT A TRAFFIC STOP. THE VEHICLE CAME TO A FINAL STOP ON OLD FLORAL CITY ROAD IN THE AREA OF EDEN DRIVE. I THEN MADE CONTACT WITH THE DRIVER/DEFENDANT, MR SEAN STRAIT, ON A PASSENGER SIDE APPROACH. I REQUESTED THE DEFENDANT'S DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE AND ADVISED THE DEFENDANT FOR THE REASON FOR THE TRAFFIC STOP. THE DEFENDANT ADVISED HE WAS SORRY, AND HE DID NOT KNOW HE WAS GOING THAT FAST. HE ADVISED THIS DEPUTY HE DID NOT HAVE HIS DRIVER'S LICENSE ON HIM. I ASKED THE DEFENDANT IF HIS DRIVER'S LICENSE WAS VALID. THE DEFENDANT ADVISED IT WAS NOT DUE TO NOT PAYING A TICKET THAT HE WAS GIVEN IN THE PAST. THE DEFENDANT ADVISED HE WAS JUST LEAVING HIS JOB FROM HOMOSASSA WHERE HE BORROWED A FRIEND'S VEHICLE AND WAS ON HIS WAY HOME. I ASKED THE DEFENDANT IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE AND IF HE WOULD GIVE CONSENT TO SEARCH THE VEHICLE. THE DEFENDANT ADVISED THERE WAS NOT ANYTHING ILLEGAL AND STATED, "GO AHEAD." I THEN REQUESTED A BACKUP UNIT TO RESPOND. A SHORT TIME LATER DEPUTY CLARK (0711) ARRIVED ON SCENE. WHILE STANDING OUT OF VIEW ON THE PASSENGER SIDE OF THE VEHICLE, I OBSERVED THE DEFENDANT THROUGH THE BACK PASSENGER WINDOW TO REACH DOWN BEHIND THE PASSENGER SIDE SEAT AND THEN IMMEDIATELY PULL HIS HAND AWAY AS IF HE WAS TRYING TO CONCEAL SOMETHING. I THEN REQUESTED THE DEFENDANT TO STEP OUT OF THE VEHICLE WHERE HE WAS THEN PATTED DOWN FOR WEAPONS, WHICH MET WITH NEGATIVE RESULTS. THE DEFENDANT THEN STOOD BY WITH DEPUTY CLARK IN FRONT OF MY PATROL VEHICLE. I AGAIN ASKED THE DEFENDANT IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE. HE ADVISED THERE WAS NOT. I THEN RAN THE DEFENDANT'S NAME AND DATE AND BIRTH ON TELETYPE, WHICH CONFIRMED HIS DRIVER'S LICENSE HAD BEEN SUSPENDED MULTIPLE TIMES WITH THE MOST RECENT SUSPENSION BEING ON 063014, SUSPENDED INDEFINITELY FOR FAILURE TO PAY CT FINANCIAL OBLIGATIONS. I THEN CONDUCTED A HAND SEARCH OF THE INTERIOR OF THE VEHICLE. UPON SEARCHING BEHIND THE PASSENGER SIDE FRONT SEAT WHERE THE DEFENDANT WAS PREVIOUSLY OBSERVED TO POSSIBLY BE CONCEALING SOMETHING, I LOCATED A RED MARBLE CIGARETTE PACK PUSHED UNDERNEATH THE SEAT AMONGST OTHER MULTIPLE ITEMS. UPON OPENING THE PACK OF CIGARETTES, I LOCATED A CELLOPHANE WRAPPER CONTAINING A GREEN LEAFY SUBSTANCE, WHICH THROUGH MY TRAINING AND EXPERIENCE, I IDENTIFIED TO BE CANNABIS. I THEN HELD THE CIGARETTE PACK UP AND SHOWED THE DEFENDANT. I ASKED THE DEFENDANT IF THIS WAS ALL THAT WAS IN THE VEHICLE. HE DROPPED HIS HEAD AND STATED, "THAT'S IT. THAT'S ALL I HAVE." A FURTHER SEARCH OF THE VEHICLE DID NOT YIELD ANY OTHER CONTRABAND. THE GREEN LEAFY SUBSTANCE WAS FIELD TESTED UTILIZING AN AGENCY ISSUED FIELD TEST KIT, WHICH YIELDED A POSITIVE RESULT FOR THE PRESENCE OF CANNABIS. WHILE OBTAINING THE DEFENDANT'S INFORMATION, THE DEFENDANT ADVISED IF HE WAS GOING TO GET A CHARGE, HE WOULD RATHER GET CHARGED FOR THE WEED THAN DRIVING ON A SUSPENDED DRIVER'S LICENSE. THE DEFENDANT ADVISED HE WAS WORKING ON GETTING HIS DRIVER'S LICENSE BACK AND DUE TO THE DEFENDANT'S COOPERATION, I ADVISED THE DEFENDANT THAT HE WOULD ONLY BE CHARGED FOR POSSESSION OF CANNABIS. THE DEFENDANT WAS GIVEN A CITRUS COUNTY WRITTEN WARNING, NUMBER 393849B, FOR AN EXCESS OF SPEED OF 43 MILES PER HOUR IN A 35 MILES PER HOUR ZONE ALONG WITH KNOWINGLY DRIVING ON A SUSPENDED DRIVER'S LICENSE. THE DEFENDANT WAS ISSUED A NOTICE TO APPEAR CITATION, NUMBER 18550, FOR POSSESSION OF CANNABIS LESS THAN 20 GRAMS WITH A MANDATORY COURT DATE OF 041316 AT 1300 HOURS. THE NOTICE TO APPEAR CITATION WAS EXPLAINED TO THE DEFENDANT AND WAS SIGNED BY THE DEFENDANT. THE DEFENDANT WAS ALSO GIVEN A COPY OF THE NOTICE TO APPEAR CITATION. THE OWNER OF THE VEHICLE RESPONDED TO THE SCENE AND TOOK POSSESSION OF THE VEHICLE. THE DEFENDANT WAS THEN RELEASED ON SCENE. THE CANNABIS WAS LATER WEIGHED WITH AN APPROXIMATE WEIGHT OF 1.5 GRAMS AND WAS PACKAGED AND TURNED IN TO EVIDENCE. ALL COPIES OF THE CITATION AND THE WRITTEN WARNING WERE LATER TURNED IN TO RECORDS. NO FURTHER ACTION TAKEN BY THIS DEPUTY. |
