| Probable cause affidavit: |
SUBMITTED BY: MARSHALL, EVAN 1336 (AR17-23012) 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 METHAMPHETAMINE SMOKING PIPE WITH RESIDUE IN IT IN HIS BACKPACK, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 031517, I WAS DRIVING WEST ON HIGHWAY 44 WHEN I OBSERVED A WHITE NISSAN PICK UP TRUCK WITH ITS REAR BUMPER BENT UPWARDS SO THAT I COULD NOT SEE THE LICENSE PLATE. I ATTEMPTED TO GET CLOSER TO THE VEHICLE; HOWEVER, I STILL COULD NOT SEE THE LICENSE PLATE. AT THAT TIME, I TURNED ON MY EMERGENCY LIGHTS AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR ANDREW NOBLE, AND PASSENGER/DEFENDANT, MS SYLEST COX. DEFENDANT NOBLE AND DEFENDANT COX WERE MOVING AROUND QUITE A BIT INSIDE THE VEHICLE ACTING NERVOUS. I INFORMED DEFENDANT NOBLE THAT I STOPPED HIM FOR AN OBSCURED LICENSE PLATE AND NEEDED HIS DRIVER'S LICENSE. AS DEFENDANT NOBLE WAS GETTING HIS DRIVER'S LICENSE HE STATED THAT I WAS HARASSING HIM AND THE COPS HAD BEEN FOLLOWING HIM AROUND. HE THEN BEGAN CURSING. DEFENDANT COX ALSO BEGAN CURSING AND REPEATEDLY ASKED WHY I PULLED THEM OVER. I INFORMED BOTH DEFENDANTS SEVERAL TIMES THAT THEY WERE BEING PULLED OVER BECAUSE I COULD NOT SEE THE LICENSE PLATE DUE TO THE BUMPER BEING BENT UPWARDS. ONCE I RECEIVED DEFENDANT NOBLE'S DRIVER'S LICENSE I ASKED FOR HIS REGISTRATION AND HE COULD NOT PROVIDE ME WITH THE REGISTRATION. WHILE DEFENDANT NOBLE WAS LOOKING FOR HIS REGISTRATION I ASKED BOTH DEFENDANTS IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE AND IF THAT WAS THE REASON THEY WERE SO IRATE ABOUT THE TRAFFIC STOP. DEFENDANT NOBLE STATED THAT THERE WAS NOTHING ILLEGAL IN THE VEHICLE AND I COULD NOT LOOK. DEFENDANT COX STATED ''FUCK THAT, YOU ARE NOT SEARCHING US''. AT THAT TIME, I RETURNED TO MY PATROL VEHICLE AND CALLED FOR K-9 DEPUTY STRICKLAND (0276). I RAN BOTH DEFENDANTS ON TELETYPE AND BEGAN WRITING TWO WRITTEN WARNINGS, ONE FOR AN OBSCURED LICENSE PLATE (WRITTEN WARNING NUMBER 408640B) AND ONE FOR NOT PROVIDING THE VEHICLE REGISTRATION (WRITTEN WARNING NUMBER 408641B). WHILE I WAS WRITING MY SECOND WARNING, K9 DEPUTY STRICKLAND ARRIVED AND HIS K-9 CONDUCTED AN EXTERIOR SNIFF OF THE VEHICLE, WHICH YIELDED A POSITIVE ALERT. ONCE I COMPLETED MY WRITTEN WARNINGS I EXITED MY PATROL VEHICLE AND ASKED BOTH DEFENDANTS TO STEP OUT OF THE VEHICLE AND WAIT WITH DEPUTY STRICKLAND AND DEPUTY BEETOW (0295) WHO HAD ARRIVED ON SCENE, AT THE FRONT OF THE CAR. DEPUTY COOK (1333) WHO ALSO ARRIVED ON SCENE, HELPED ME CONDUCT A SEARCH OF THE VEHICLE. I LOCATED A SMALL CLEAR PLASTIC BAGGIE WHERE DEFENDANT NOBLE WAS SITTING; HOWEVER, IT DID NOT TEST POSITIVE FOR ANY NARCOTIC RESIDUE. DEPUTY COOK LOCATED A COSMETIC MIRROR INSIDE DEFENDANT COX'S PURSE, WHICH APPEARED TO HAVE CRYSTAL LIKE RESIDUE ON IT. THE MIRROR WAS TESTED UTILIZING AN AGENCY ISSUED FIELD TEST KIT, WHICH YIELDED A POSITIVE RESULT FOR THE PRESENCE OF METHAMPHETAMINE. DEPUTY COOK ALSO SEARCHED A CAMOUFLAGE BACKPACK WHICH WAS FULL OF MARKERS. AS HE WAS LOOKING THROUGH THE MARKERS DEFENDANT NOBLE STATED THAT HE USES THOSE MARKERS TO DRAW ON PICTURE FRAMES. DEPUTY COOK THEN FOUND A USED METHAMPHETAMINE SMOKING PIPE IN THE BACKPACK WITH THE MARKERS. THE PIPE WAS TESTED UTILIZING AN AGENCY ISSUED FIELD TEST KIT, WHICH YIELDED A POSITIVE RESULT FOR THE PRESENCE OF METHAMPHETAMINE. DEFENDANT COX WAS PLACED UNDER ARREST FOR POSSESSION OF THE COSMETIC MIRROR WITH METHAMPHETAMINE RESIDUE IN HER PURSE AND DEFENDANT NOBLE WAS PLACED UNDER ARREST FOR POSSESSION OF THE METHAMPHETAMINE SMOKING PIPE IN HIS BACKPACK. DEPUTY BEETOW ATTEMPTED TO CONTACT THE OWNERS OF STYPE PEST CONTROL WHO OWNED THE TRUCK TO COME PICK IT UP; HOWEVER, WAS UNABLE TO REACH ANYONE. THEREFORE, THE VEHICLE WAS TOWED AND DEPUTY BEETOW COMPLETED A TOW SHEET. I TRANSPORTED DEFENDANT COX TO CITRUS COUNTY DETENTION FACILITY WHILE DEPUTY COOK TRANSPORTED DEFENDANT NOBLE TO JAIL. WHILE EN ROUTE, DEFENDANT COX CONTINUED TO YELL AND SCREAM AND STATED THAT DEPUTIES PLANTED EVIDENCE IN THE VEHICLE AND SHE HOPES THAT I ROT IN HELL. THE EVIDENCE WAS PACKAGED BY DEPUTY COOK AND TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. DEFENDANT COX'S BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE AND DEFENDANT NOBLE'S BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. |
