Probable cause affidavit: |
SUBMITTED BY: DOWLING, THOMAS 0709 (AR11119736) DID UNLAWFULLY HAVE IN HIS 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: A MARIJUANA PIPE WITH MARIJUANA RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B). ON 031211 AT APPROXIMATELY 1040 HOURS, I WAS DISPATCHED TO 5734 WEST OAKLAWN STREET, IN REFERENCE TO A THEFT CALL. WHEN I ARRIVED, I PULLED IN THE DRIVEWAY BEHIND A PICKUP, GREEN IN COLOR, AND WAS CONFRONTED BY MR DEWAYNE WATSON. MR WATSON STATED, "I WANT HIM OUT OF MY TRUCK, HE'S TRYING TO HANG ME WITH SOMETHING THAT ISN'T MINE." WHEN I ASKED HIM WHAT HE WAS TALKING ABOUT HE STATED, "HE THREW A PIPE IN THE COMPARTMENT OF MY PASSENGER DOOR AND THEN PUT IT BACK IN HIS POCKET." WHEN I WALKED UP TO THE VEHICLE I MADE CONTACT WITH THE DEFENDANT, MR AARON MYERS, WHO WAS BUCKLED IN THE SEAT AND WAS NOT MOVING. I THEN ASKED THE DEFENDANT IF HE WOULD MIND STEPPING OUT OF THE VEHICLE. WHEN HE DID HE STEPPED OUT WITH HIS HANDS UP TOWARDS HIS SHOULDERS. HE STATED IT IS IN MY POCKET. I ASKED HIM WHAT WAS IN HIS POCKET, TO WHICH HE STATED, "MY WEED PIPE IS IN MY POCKET." I ASKED THE DEFENDANT IF HE WOULD MIND IF I RETRIEVED IT FROM HIM, TO WHICH HE STATED THAT I COULD. I RETRIEVED THE PIPE THAT WAS GOLD AND BLACK IN COLOR. I NOTICED BASED ON MY TRAINING AND EXPERIENCE MARIJUANA RESIDUE IN SIDE THE PIPE AND ALSO SMELLED AN ODOR OF MARIJUANA EMITTING FROM THE PIPE. I THEN RETURNED BACK TO MY PATROL VEHICLE AND TESTED IT USING AN AGENCY DRUG TEST KIT FOR MARIJUANA, IN WHICH IT TESTED POSITIVE. I THEN WENT BACK TO THE DEFENDANT AND ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR DRUG PARAPHERNALIA CHARGES. AT THAT TIME, HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, PLACED IN THE REAR OF MY PATROL VEHICLE, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. "IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE ADA COORDINATOR AT THE OFFICE OF THE TRIAL COURT ADMINISTRATOR, CITRUS COUNTY COURTHOUSE, 110 NORTH APOPKA AVENUE, INVERNESS, FLORIDA 34450, TELEPHONE (352) 341-6700, AT LEAST 7 DAYS BEFORE YOUR SCHEDULED COURT APPEARANCE, OR IMMEDIATELY UPON RECEIVING THIS NOTIFICATION IF THE TIME BEFORE THE SCHEDULED APPEARANCE IS LESS THAN 7 DAYS; IF YOU ARE HEARING OR VOICE IMPAIRED, CALL 711.” *NOT-EXEMPT* |