| Probable cause affidavit: |
SUBMITTED BY: CALLAHAN, CRAIG 0643 (AR10114642) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: ONE OXYCODONE 30 MG, IN VIOLATION OF FLORIDA'S STATE STATUTE 893.13(6)(A). ON 050410 AT APPROXIMATELY 0052 HOURS, I WAS SITTING STATIONARY IN MY PATROL VEHICLE, WITH THE HIGH BEAMS ON, IN THE PARKING LOT OF THE INVERNESS PRESBYTERIAN CHURCH ON HIGHWAY 44 EAST, FACING EASTBOUND TOWARDS WASHINGTON STREET. UPON DOING SO, I OBSERVED A BLACK DODGE 4-DOOR VEHICLE WHICH WAS TRAVELING SOUTHBOUND ON WASHINGTON STREET. UPON FURTHER OBSERVATION OF THE VEHICLE, I NOTICED THAT THE DRIVER AND PASSENGER WERE NOT WEARING THEIR SAFETY BELTS. AT THAT TIME, I POSITIONED MY VEHICLE BEHIND THE BLACK VEHICLE. I RAN THE LICENSE PLATE THROUGH FCIC/NCIC WHICH REVEALED THAT THE OWNER HAD A SUSPENDED DRIVER'S LICENSE. I ACTIVATED MY OVERHEAD EMERGENCY LIGHTS AND CONDUCTED A TRAFFIC STOP IN THE AREA OF WEST MAIN STREET AND DR MARTIN LUTHER KING JR AVENUE. UPON MAKING CONTACT WITH THE DRIVER, I REQUESTED HER DRIVER'S LICENSE AND REGISTRATION, BOTH OF WHICH SHE WAS ABLE TO PROVIDE. I ADVISED THE DRIVER AND HER FRONT SEAT PASSENGER OF THE REASON I HAD STOPPED THEM, TO WHICH BOTH ADMITTED TO NOT WEARING THEIR SAFETY BELTS. ALSO PRESENT IN THE VEHICLE IN THE REAR SEAT BEHIND the DRIVER'S SEAT WAS THE DEFENDANT, MR WALLACE WHEATLEY. UPON RETURNING TO MY PATROL VEHICLE, I RAN ALL THREE SUBJECTS IN FCIC/NCIC, WHICH MET WITH NEGATIVE RESULTS. I AGAIN MADE CONTACT WITH THE DRIVER and ADVISED HER AND THE FRONT SEAT PASSENGER THAT THEY WOULD BE RECEIVING VERBAL WARNINGS FOR THE INFRACTIONS, AND THAT the TRAFFIC STOP WAS NOW CONCLUDED. PRIOR TO LEAVING THE SCENE, I ASKED THE DRIVER IF THERE WAS ANYTHING ILLEGAL INSIDE THE VEHICLE AND ASKED IF SHE MINDED THAT I SEARCH THE VEHICLE, TO WHICH SHE STATED "I DON'T CARE, BUT IT IS NOT MY VEHICLE, YOU HAVE TO ASK HIM", POINTING TO THE FRONT SEAT PASSENGER WHO IS THE REGISTERED OWNER OF THE VEHICLE. UPON ASKING THE REGISTERED OWNER IF HE MINDED IF I SEARCH the VEHICLE, HE VOLUNTARILY STATED THAT I COULD. UPON OBTAINING PERMISSION TO SEARCH THE VEHICLE, ALL OCCUPANTS INCLUDING THE DEFENDANT STEPPED OUT OF THE VEHICLE WHILE AN INTERIOR SEARCH WAS CONDUCTED. UPON SEARCHING THE REAR DRIVERS SIDE PASSENGER SEAT, IN THE EXACT AREA THAT THE DEFENDANT WAS SEATED, I LOCATED A SMALL WHITE PILL UNDER THE SEAT CUSHION (SINGLE PILL UNPACKAGED). THE PILL WAS LOCATED IN A MANNER THAT COULD ONLY BE UNDER THE CONTROL OF THE DEFENDANT AND WAS IN HIS IMMEDIATE REACH. FURTHERMORE, NO ONE ELSE IN THE VEHICLE COULD HAVE HAD CONTROL OF THE PILL, DUE TO THE FACT THAT THE DEFENDANT WAS SITTING ON THE SEAT CUSHION. I MADE CONTACT WITH POISON CONTROL, WHO ADVISED ME THAT THE WHITE PILL I HAD FOUND WAS ACTUALLY A 30 MG OXYCODONE, WHICH IS A SCHEDULE TWO NARCOTIC. I THEN AGAIN MADE CONTACT WITH THE DEFENDANT AND ASKED HIM IF HE HAD A PRESCRIPTION FOR ANY NARCOTICS OR WAS UNDER THE CARE OF A PHYSICIAN, TO WHICH HE STATED NO. THE DEFENDANT FURTHER ADVISED THAT ANYTHING FOUND IN THE VEHICLE, DOES NOT BELONG TO HIM. I ALSO MADE CONTACT WITH THE OTHER TWO OCCUPANTS OF THE VEHICLE WHO ADVISED THAT THEY HAD NO knowledge OF THE PRESCRIPTION PILL NOR DID IT BELONG TO THEM. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, BEHIND THE BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, THE DEFENDANT'S BOND WAS SET AT $5,000.00 PER THE BOND SCHEDULE. THE PILL WAS LATER PACKAGED AND TURNED OVER TO EVIDENCE. *NOT-EXEMPT* |
