| Probable cause affidavit: |
SUBMITTED BY: BLAIR, EDWARD 0469 (AR08101401) did unlawfully have in HIS actual or constructive possession a controlled substance, to-wit: APPROXIMATELY 277 GRAMS OF Cannabis, commonly known as Marijuana, with the intent to sell the said substance to another person, in violation of Florida Statutes 893.03(1)(c)7 and 893.13(1)(a)2. 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: CANNABIS, SAID OBJECT BEING A GLASS PIPE, A WATER BONG AND A DIGITAL SCALE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147. ON 012508 AT APPROXIMATELY 2336 HOURS, WHILE CONDUCTING DIRECTED TRAFFIC ENFORCEMENT, I OBSERVED A WHITE FOUR DOOR MITSUBISHI TRAVELING NORTH ON NORTH EAST HIGHWAY 19. A DHSMV SEARCH OF THE VEHICLE TAG YIELDED THE REGISTERED OWNER AS HAVING A SUSPENDED DRIVER'S LICENSE. AT THAT TIME I INITIATED A TRAFFIC STOP AT THE BURGER KING LOCATED AT 125 NORTH EAST HIGHWAY 19. I THEN EXITED MY PATROL VEHICLE AND MADE CONTACT with the DRIVER/DEFENDANT, MR ANDRES PADRON. THE DEFENDANT PROVIDED ME with his FLORIDA DRIVER'S LICENSE WHICH MATCHED THAT OF THE REGISTERED OWNER. THE DEFENDANT WAS ADVISED OF THE REASON FOR THE STOP AT WHICH TIME I RETURNED TO MY PATROL VEHICLE TO DRAFT A CITATION NUMBER 8788-FGW FOR DRIVING WHILE LICENSE SUSPENDED (DWLS) UNKNOWINGLY. WHILE DRAFTING SAID CITATION AN FCIC/NCIC SEARCH ON the DEFENDANT YIELDED AN ACTIVE CITRUS COUNTY WARRANT FOR VIOLATION OF PROBATION FOR POSSESSION OF MARIJUANA LESS THAN 20 GRAMS. THE WARRANT WAS THEN CONFIRMED AT WHICH TIME THE DEFENDANT WAS ASKED TO EXIT HIS VEHICLE. THE DEFENDANT WAS THEN ADVISED THAT HE WAS BEING PLACED UNDER ARREST FOR SAID WARRANT HANDCUFFED (DOUBLE-LOCKED) BEHIND his BACK AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. A SEARCH OF THE VEHICLE INCIDENT TO ARREST YIELDED A MULTI COLORED GLASS PIPE WITH BURNT RESIDUE CONSISTENT WITH THAT OF A PIPE USED FOR SMOKING MARIJUANA, WHICH WAS LOCATED IN the CENTER COUNSEL OF THE VEHICLE. A FURTHER SEARCH YIELDED A GRAY DIGITAL SCALE WITH A GREEN LEAFY SUBSTANCE ALSO IN THE CENTER COUNSEL. WHILE IN THE PASSENGER COMPARTMENT DEPUTY RITLI ADVISED THAT HE DETECTED A STRONG ODOR OF MARIJUANA EMITTING FROM THE VEHICLE, CONSISTENT WITH THAT OF MORE CONTRABAND THEN WHAT WAS FOUND. AT THAT TIME, DEPUTY RITLI SEARCHED THE TRUNK OF THE VEHICLE WHICH YIELDED IN PLAIN VIEW THREE PLASTIC ZIPLOC BAGS WITH A GREEN LEAFY SUBSTANCE. BAGGIE ONE CONTAINED THREE SMALLER ZIPLOC BAGGIES with APPROXIMATELY 30 GRAMS PER BAG. ZIPLOC BAGGIE TWO CONTAINED FOUR SMALLER BAGGIES CONTAINING APPROXIMATELY 30 GRAMS EACH. ZIPLOC BAGGIE THREE CONTAINED TWO SMALLER BAGGIES CONTAINING APPROXIMATELY 30 GRAMS EACH. the SMALLER BAGGIE BY ITSELF WAS APPROXIMATELY 6.5 GRAMS. THE GREEN LEAFY SUBSTANCE WAS CONSISTENT WITH THAT OF MARIJUANA WITH AN APPROXIMATE WEIGHT OF 277 GRAMS. I ALSO FOUND LOCATED NEXT TO SAID MARIJUANA ANOTHER SMALL PLASTIC BAGGIE CONTAINING A SMALLER AMOUNT OF A GREEN LEAFY SUBSTANCE. FURTHERMORE IN PLAIN VIEW WAS A RED MUSHROOM STYLE WATER BONG WITH A RED HOSE and BURNT RESIDUE IN the "BOWL". WITH THE INFORMATION PROVIDED BY SAID ARTICLES THIS DEPUTY THEN RETURNED TO MY PATROL VEHICLE, AT WHICH TIME I OPENED THE REAR PASSENGER SEAT DOOR. PRIOR TO ANY QUESTIONING THE DEFENDANT MADE A SPONTANEOUS STATEMENT THAT THE MULTI COLORED GLASS PIPE WAS HIS FOR PERSONAL USE. THE DEFENDANT WAS THEN ADVISED OF his MIRANDA WARNINGS VIA PRE-PRINTED CARD, AT WHICH TIME HE STATED HE UNDERSTOOD AND would SPEAK WITH ME. THE DEFENDANT WAS ASKED ABOUT THE FINDINGS IN the DRIVER COMPARTMENT OF THE VEHICLE, TO which HE STATED THE PIPE and SCALE WERE HIS AND THAT HE USED SAID ARTICLES FOR PERSONAL USE. the DEFENDANT STATED that THERE WAS NO FURTHER DRUGS OR PARAPHERNALIA WITHIN THE VEHICLE. THE DEFENDANT WAS THEN CONFRONTED WITH what may have been LOCATED IN THE TRUNK, TO WHICH HE STATED his DUFFEL BAG wITH HIS ARTICLES WAS LOCATED IN THE TRUNK. IT SHOULD BE NOTED SAID DUFFEL BAG WAS LOCATED DIRECTLY NEXT TO THE FOUND BAGGIES OF MARIJUANA IN PLAIN VIEW. FURTHERMORE THE DEFENDANT STATED THAT THE found MUSHROOM WATER BONG WAS ALSO HIS BUT when CONFRONTED ABOUT THE found MARIJUANA, THE DEFENDANT SATED that HE HAD NO KNOWLEDGE AND THAT HE would NOT SPEAK ANY FURTHER WITHOUT AN ATTORNEY. AT that TIME ALL QUESTIONS CEASED. I made CONTACT with THE FRONT SEAT PASSENGER, WITNESS ONE, WHO STATED she HAD NO KNOWLEDGE OF THE found MARIJUANA OR PARAPHERNALIA. the WITNESS STATED THAT SHE HAD BEEN IN the COMPANY OF THE DEFENDANT DURING THE EVENING and THEY PICKED UP THE REAR SEAT PASSENGERS IN A FRIEND'S RESIDENCE. the WITNESS STATED that THE TWO REAR SEAT PASSENGERS HAD NOT GAINED ACCESS TO THE TRUNK WHILE SHE WAS IN OR AROUND THE VEHICLE. I THEN MADE CONTACT WITH BOTH REAR SEAT PASSENGERS WITNESS TWO AND THREE. BOTH STATED THEY HAD NO KNOWLEDGE OF THE FOUND MARIJUANA OR PARAPHERNALIA. THE TOTAL WEIGHT OF FOUND MARIJUANA WAS APPROXIMATELY 277 GRAMS. AT thAT TIME THE TOW SHEET WAS COMPLETED AND THE VEHICLE WAS TURNED OVER TO ALL PRESTIGE AUTO. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S TOTAL BOND WAS SET AT $5,500.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
