| Probable cause affidavit: |
SUBMITTED BY: VANNESS, GEORGE DEP276 (AR10116364) 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). DID UNLAWFULLY HAVE IN HIS/HER 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: ROLLING PAPERS, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE OFFICER VANNESS, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 081710, AT APPROXIMATELY 2110 HOURS, I WAS ON PATROL ON the WITHLACOOCHEE STATE TRAIL SOUTHBOUND IN HERNANDO, FLORIDA. AT this TIME I OBSERVED A BICYCLE ON the TRAIL NEAR LEMON DRIVE with NO LIGHTS. I OBSERVED THE BICYCLE TURN EAST ON LEMON DRIVE AND I EXITED THE TRAIL AT LINE STREET and DROVE SOUTH ON US 41 TO LEMON DRIVE AND DID NOT OBSERVE ANY BICYCLES. I REENTERED THE TRAIL AND DROVE NORTH FROM LEMON DRIVE, AND AGAIN OBSERVED THE BICYCLE ON the TRAIL TRAVELING NORTH. I THEN ACTIVATED MY EMERGENCY LIGHTS AND the DEFENDANT LATER IDENTIFIED AS MR SAMUEL BOWMAN, BY HIS OHIO IDENTIFICATION CARD, TURNED AROUND, LOOKED AT ME, AND REFUSED TO STOP. the DEFENDANT RODE THE BICYCLE BEHIND SEVERAL BUSINESSES LOCATED AT THE INTERSECTION OF US 41 AND HIGHWAY 200. I GAVE THE DEFENDANT SEVERAL VERBAL COMMANDS TO STOP and HE REFUSED. THE DEFENDANT CONTINUED RIDING ACROSS US 41 THROUGH THE CUMBERLAND FARMS PARKING LOT and THE PARKING LOT OF THE PARTY STORE. WHILE STILL ON the BICYCLE, THE DEFENDANT REACHED INTO HIS RIGHT PANTS POCKET IN ATTEMPT TO RETRIEVE A PLASTIC BAGGIE; HOWEVER, HE WAS UNABLE TO DO SO WHILE RIDING THE BICYCLE. THE DEFENDANT STOPPED, AND AS I EXITED MY PATROL VEHICLE I ORDERED THE DEFENDANT TO SHOW ME HIS HANDS. THE DEFENDANT REMOVED HIS HANDS FROM his POCKETS AND DROPPED THE BAGGIE ON the GROUND. I ORDERED THE DEFENDANT TO LAY FACE DOWN ON THE GROUND, and ONCE THE DEFENDANT WAS SECURED, I RETRIEVED THE BAGGIE. THE BAGGIE CONTAINED A GREEN LEAFY SUBSTANCE WHICH BASED ON MY TRAINING AND EXPERIENCE, I BELIEVED TO BE MARIJUANA. LOCATED IN the BASKET ON THE DEFENDANT'S BICYCLE WAS A BLACK BAG. the DEFENDANT STATED THAT THE BAG DID BELONG TO HIM. UPON AN INSPECTION OF THE BAG, I DISCOVERED A BUFFALO CIGARETTE BOX with ANOTHER CLEAR PLASTIC BAGGIE WITH A SMALL AMOUNT OF A GREEN LEAFY SUBSTANCE ALONG WITH A PACK OF "JOB" 1 ¼ INCH ROLLING PAPERS. WHEN I ASKED THE DEFENDANT ABOUT THE CIGARETTE BOX HE REPLIED, "OH, I FORGOT ABOUT THAT". THE GREEN LEAFY SUBSTANCE IN BOTH BAGGIES WERE FIELD TESTED, WHICH TESTED POSITIVE FOR MARIJUANA. WHEN I ASKED THE DEFENDANT WHY HE FAILED TO STOP, HE STATED IT WAS BECAUSE HE WANTED TO GO HOME. THE DEFENDANT WAS PLACED UNDER ARREST FOR POSSESSION OF CANNABIS (LESS THAN 20 GRAMS), POSSESSION OF DRUG PARAPHERNALIA, AND RESISTING WITHOUT VIOLENCE. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY A CITRUS COUNTY SHERIFF'S OFFICE DEPUTY. BOTH BAGGIES CONTAINING THE GREEN LEAFY SUBSTANCE WERE WEIGHED AT THE DETENTION FACILITY AND WEIGHED AT 6.25 GRAMS. THE DEFENDANT'S TOTAL BOND WAS SET AT $$1,500.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
