| Probable cause affidavit: |
SUBMITTED BY: CHENOWETH, JACOB 0708 (AR14-11555) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE TO SELL OR DISTRIBUTE, TO-WIT: APPROXIMATELY 245 GRAMS OF CANNABIS, WHICH WAS PACKAGED IN CLEAR BAGGIES WITH AN APPROXIMATE WEIGHT WRITTEN ON THEM FOR DISTRIBUTION, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(2). ON 080914 AT APPROXIMATELY 1835 HOURS, I WAS PATROLLING THE AREA OF WEST ROSEDALE DRIVE AND SOUTH ANATOLE WAY IN HOMOSASSA. WHILE TRAVELING EASTBOUND ON WEST ROSEDALE DRIVE, I OBSERVED A BLUE FOUR DOOR VOLKSWAGEN, BEARING FLORIDA LICENSE PLATE CWGA22, TRAVELING NORTH ON SOUTH ANATOLE WAY APPROACHING THE INTERSECTION OF WEST ROSEDALE DRIVE. I OBSERVED THE VEHICLE FAIL TO STOP AT THE STOP SIGN AT WHICH TIME THE VEHICLE THEN MADE A RIGHT TURN AND BEGAN TRAVELING EAST ON WEST ROSEDALE DRIVE. AT THAT TIME, I INITIATED MY OVERHEAD EMERGENCY LIGHTS AND CONDUCTED A TRAFFIC STOP AT WEST ROSEDALE DRIVE AND WEST HOMOSASSA TRAIL. AT THAT TIME, I APPROACHED THE DRIVER SIDE OF THE VEHICLE, WHERE THE DRIVER THEN OPENED THE DOOR AND ADVISED THE WINDOW DID NOT GO DOWN. THE DRIVER WAS IDENTIFIED AS MR ALGINAVON CLEVELAND, VIA HIS FLORIDA DRIVER'S LICENSE. I ADVISED MR CLEVELAND THE REASON FOR THE STOP AND REQUESTED HIS DRIVER'S LICENSE, REGISTRATION, AND PROOF OF INSURANCE, TO WHICH HE PROVIDED. WHILE SPEAKING TO MR CLEVELAND, I SMELLED A STRONG ODOR, WHICH BASED ON MY TRAINING AND EXPERIENCE, TO BE CANNABIS. AT THAT TIME, I REQUESTED AN ADDITIONAL UNIT TO RESPOND. THE FRONT PASSENGER WAS IDENTIFIED AS THE VEHICLE OWNER, MS WHITNEY PERKINS. AT THAT TIME, K-9 DEPUTY VIGGIANO ARRIVED ON SCENE. I INFORMED DEPUTY VIGGIANO OF MY OBSERVATIONS AND HE ADVISED HE WOULD CONDUCT AN EXTERIOR SNIFF OF THE VEHICLE UTILIZING K-9 CONAN. I THEN APPROACHED THE DRIVER SIDE OF THE VEHICLE AGAIN AND STOOD BY WHILE DEPUTY VIGGIANO CONDUCTED AN EXTERIOR SNIFF. DEPUTY VIGGIANO ADVISED THAT K-9 CONAN ALERTED ON THE VEHICLE. AT THAT TIME, I THEN OPENED THE DRIVER SIDE DOOR AND REQUESTED MR CLEVELAND TO STEP OUT. I CONDUCTED A PAT DOWN OF MR CLEVELAND, AND WHILE DOING SO I ASKED HIM WHY THE DOG WOULD HAVE ALERTED TO THE VEHICLE, TO WHICH HE ADVISED THAT HE HAD SOME WEED. WHILE CONTINUING TO PAT DOWN MR CLEVELAND, I LOCATED IN HIS FRONT RIGHT POCKET $648.00 IN CASH. IN THE RIGHT OUTSIDE POCKET OF HIS CARGO SHORTS, I LOCATED TWO INCREMENTS OF $1,000.00 IN CASH THAT WERE FOLDED IN HALF AND RUBBER BANDED TOGETHER. IN MR CLEVELANDâS BACK RIGHT HAND POCKET, I LOCATED HIS BLACK IN COLOR WALLET, WHICH CONTAINED $492.00 IN CASH. WHILE I WAS PATTING DOWN MR CLEVELAND, DEPUTY VIGGIANO BEGAN TO GET MS PERKINS OUT OF THE VEHICLE ON THE PASSENGER SIDE. DEPUTY VIGGIANO THEN PULLED OUT A BLACK GROCERY BAG, TO WHICH HE ADVISED HE HAD LOCATED THE CANNABIS. WHILE I WAS PLACING MR CLEVELAND UNDER ARREST, MS PERKINS STATED, âWHY ARE YOU ARRESTING HIM?â DEPUTY VIGGIANO THEN ADVISED THIS DEPUTY THAT I COULD ARREST MS PERKINS AS WELL. AT THAT TIME, MR CLEVELAND SPONTANEOUSLY STATED THAT ALL OF THE WEED IN THE VEHICLE BELONGED TO HIM. MR CLEVELAND WAS THEN HANDCUFFED (DOUBLE LOCKED), BEHIND HIS BACK, AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. DEPUTY VIGGIANO CONTINUED TO SEARCH THE VEHICLE WHILE I STOOD BY WITH MS PERKINS AT THE FRONT OF MY PATROL VEHICLE. AT THAT TIME, DEPUTY VIGGIANO THEN CAME BACK AND STOOD WITH MS PERKINS, AND I THEN SEARCHED THE VEHICLE. I OBSERVED IN THE FRONT PASSENGER DOOR PANEL A GREEN LEAFY SUBSTANCE, AND BASED UPON MY TRAINING AND EXPERIENCE I IDENTIFIED IT TO BE APPROXIMATELY TWO GRAMS OF CANNABIS. AT THAT TIME, I RETURNED TO MS PERKINS, WHERE SHE WAS THEN PLACED IN HANDCUFFS (DOUBLE LOCKED) BEHIND HER BACK. I THEN READ MS PERKINS HER MIRANDA WARNINGS VIA THE AGENCY PREPRINTED CARD. SHE ADVISED SHE UNDERSTOOD HER RIGHTS AND WISHED TO SPEAK TO ME. I ASKED MS PERKINS WHERE THEY WERE COMING FROM, TO WHICH SHE ADVISED SHE DID NOT KNOW OTHER THAN IT WAS A FRIENDS HOUSE. MS PERKINS CONTINUOUSLY STATED THAT SHE HAD NO IDEA THERE WAS ANY ILLEGAL CONTRABAND IN THE VEHICLE. DURING THE TRAFFIC STOP, DEPUTY VIGGIANO ADVISED ME THAT HE HAD LOCATED THE BLACK GROCERY BAG ON THE PASSENGER SIDE OF THE VEHICLE, ALONG THE CENTER CONSOLE AND MS PERKINS WAS ATTEMPTING TO CONCEAL IT WITH HER LEG. SEE DEPUTY VIGGIANO'S SUPPLEMENT FOR FURTHER. AT THAT TIME, I OBSERVED THE BLACK GROCERY BAG AND UPON LOOKING INSIDE, I OBSERVED A GALLON CLEAR PLASTIC BAGGIE WITH THE NUMBER 64 AND 580 WRITTEN ON OPPOSITE SIDES WITH A SHARPIE. THAT BAG HAD A TOTAL WEIGHT OF APPROXIMATELY 72 GRAMS OF CANNABIS. ALSO LOCATED INSIDE OF the GALLON BAGGIE, I OBSERVED A QUART SIZED CLEAR PLASTIC BAGGIE WHICH HAD 2 1/2 OUNCES WRITTEN ON THE OUTSIDE OF THE BAG WHICH WAS CONSISTENT WITH THE AMOUNT OF CANNABIS INSIDE OF the BAG WHICH HAD AN APPROXIMATE WEIGHT OF 76.5 GRAMS. INSIDE OF the BLACK PLASTIC GROCERY BAG, I OBSERVED AN ADDITIONAL QUART SIZED PLASTIC BAGGIE WHICH HAD THE LETTERS "SP" AND "QP" WRITTEN ON THE OUTSIDE with A SHARPIE AND HAD AN APPROXIMATE WEIGHT OF 56.8 GRAMS, WHICH IS CONSISTENT WITH ONE QUARTER OF A POUND SPLIT. I ALSO OBSERVED A SANDWICH SIZED CLEAR PLASTIC BAGGIE AND INSIDE CONTAINED TWO SMALL CLEAR PLASTIC SANDWICH BAGS. ONE BAG HAD THE NUMBER 18 WRITTEN IN SHARPIE WHICH WEIGHED APPROXIMATELY 18 GRAMS AND THE OTHER BAG HAD THE NUMBER 20 WRITTEN ON THE OUTSIDE WITH A SHARPIE WHICH WEIGHED APPROXIMATELY 20 GRAMS. I THEN ASKED MS PERKINS IF MR CLEVELAND (DEFENDANT) IS CURRENTLY EMPLOYED, TO WHICH SHE ADVISED NO THAT HE HAD NOT WORKED FOR OVER A YEAR SINCE LAST WORKING AT THE POWER PLANT. THE BLACK GROCERY BAG OF CANNABIS, THE CANNABIS FROM THE PASSENGER SIDE DOOR PANEL, AND $3,140.00 IN CASH WAS ALL PACKAGED AND WILL BE TURNED IN TO EVIDENCE. MS PERKINS WAS THEN RELEASED. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $2,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED WRITTEN WARNING NUMBER 370051B FOR FAILURE TO STOP AT A STOP SIGN. BASED ON THE AMOUNT OF CANNABIS AND THE WAY THAT IT WAS PACKAGED WITH THE WEIGHT OF THE CANNABIS INSCRIBED ON THE OUTSIDE OF the BAG, BASED ON MY TRAINING AND EXPERIENCE, IS NOT USED FOR SELF CONSUMPTION AND IS COMMONLY USED FOR THE SALE OR DISTRIBUTION OF CANNABIS. THE AMOUNT OF MONEY THE DEFENDANT HAD IN HIS POSSESSION, BASED ON THE AMOUNT OF CANNABIS AND PACKAGED STYLE, A FORFEITURE NOTICE WAS COMPLETED WHERE A COPY WAS PROVIDED TO THE DEFENDANT AND THE OTHER COPY WILL BE TURNED INTO RECORDS. NO FURTHER ACTION TAKEN BY THIS DEPUTY. |
