| Probable cause affidavit: |
SUBMITTED BY: AGUILERA, EMANUEL 1238 (AR15-16470) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: ONE SUBOXONE STRIP, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). ON 091715, AT APPROXIMATELY 2303 HOURS, I WAS TRAVELING NORTHBOUND ON HIGHWAY 19 IN THE AREA OF KINGS BAY BOULEVARD, WHEN I OBSERVED A RED IN COLOR PICKUP TRUCK, BEARING FLORIDA LICENSE PLATE 230TZP, TRAVELING DIRECTLY IN FRONT OF ME. AS WE CONTINUED TO TRAVEL NORTHBOUND I PACED THE VEHICLE TO BE TRAVELING 51 MILES PER HOUR IN A POSTED 40 MILE PER HOUR SPEED ZONE. AT THAT TIME, I ACTIVATED MY OVERHEAD EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP IN THE AREA JUST NORTH OF CODYâS ROADHOUSE, IN CRYSTAL RIVER. UPON MAKING CONTACT WITH THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR ANDREW RUTHERFORD, I ADVISED HIM FOR THE REASON OF THE TRAFFIC STOP, TO WHICH HE AGREED. I ASKED HIM FOR HIS DRIVER'S LICENSE, VEHICLE REGISTRATION, AND PROOF OF INSURANCE, TO WHICH HE PROVIDED ME. WHILE SPEAKING WITH DEFENDANT RUTHERFORD I OBSERVED THE FRONT SEAT PASSENGER, MS TIFFANY SCHULTZ, AND THE REAR SEAT PASSENGER, LATER IDENTIFIED AS DEFENDANT, MS CHARLENE ROSS. AS I SPOKE TO DEFENDANT RUTHERFORD, I OBSERVED HIM TO BE NERVOUS AND STUMBLING ON HIS WORDS AS HE SPOKE TO ME. I ASKED HIM IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE, TO WHICH HE STATED NO AND GAVE CONSENT FOR A SEARCH OF HIS VEHICLE. K-9 DEPUTY LABORDA THEN ARRIVED ON SCENE. I THEN ASKED THE OCCUPANTS TO STEP OUT OF THE VEHICLE, ONE AT A TIME, WHERE I STOOD AT THE FRONT OF MY PATROL VEHICLE WITH ALL THREE OCCUPANTS. AT THAT TIME, K-9 DEPUTY LABORDA CONDUCTED A HAND SEARCH OF THE VEHICLE. K-9 DEPUTY LABORDA ADVISED ME THAT HE LOCATED ONE SUBOXONE STRIP, WHICH WAS IMPRINTED WITH N8, IN A CLEAR PLASTIC CONTAINER IN THE CENTER CONSOLE OF THE VEHICLE. K-9 DEPUTY LABORDA ALSO LOCATED A CLEAR GLASS PIPE WITH METHAMPHETAMINE RESIDUE ON THE FLOOR BOARD SITTING NEXT TO DEFENDANT ROSSâ PURSE. INSIDE OF DEFENDANT ROSSâ PURSE K-9 DEPUTY LABORDA LOCATED TWO BROKEN GLASS PIPES WITH METHAMPHETAMINE RESIDUE, A CLEAR PLASTIC BAGGIE WITH METHAMPHETAMINE RESIDUE, AND ONE BLACK DIGITAL SCALE WITH METHAMPHETAMINE RESIDUE. CONTACT WAS THEN MADE WITH DEFENDANT RUTHERFORD, WHERE I CONFRONTED HIM ABOUT THE SUBOXONE STRIP THAT WAS LOCATED IN THE CENTER CONSOLE OF THE VEHICLE. DEFENDANT RUTHERFORD ADVISED ME THAT HE DID NOT KNOW WHAT I WAS TALKING ABOUT. I THEN ASKED DEFENDANT RUTHERFORD IF HIS FINGERPRINTS WOULD BE ON THE CLEAR PLASTIC BOX THAT CONTAINED THE SUBOXONE STRIP, TO WHICH HE ADVISED YES. I READ DEFENDANT RUTHERFORD HIS MIRANDA RIGHTS, VIA AN AGENCY ISSUED PREPRINTED MIRANDA CARD, TO WHICH HE ADVISED HE WOULD SPEAK WITH ME. I ASKED HIM AGAIN ABOUT THE SUBOXONE STRIP, TO WHICH HE ADVISED IT WAS HIS AND HE DID NOT HAVE A PRESCRIPTION FOR IT; HOWEVER, HE DID NOT USE IT AND HAD GOTTEN IT FOR A FRIEND. I ASKED DEFENDANT RUTHERFORD HOW MUCH HE PAID FOR THE SUBOXONE STRIP, TO WHICH HE ADVISED HE GOT IT FOR FREE. THE SUBOXONE STRIP WAS LOOKED UP ON DRUGS.COM, WHICH CONFIRMED IT TO BE A SCHEDULE III DRUG. I ADVISED DEFENDANT RUTHERFORD THAT HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF A CONTROLLED SUBSTANCE. DEFENDANT RUTHERFORD WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SEARCHED, SECURED IN THE REAR OF MY PATROL VEHICLE, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DEFENDANT RUTHERFORD WAS ISSUED WRITTEN WARNING, WARNING NUMBER 36335B, FOR UNLAWFUL SPEED (51 MILES PER HOUR IN A 40 MILE PER HOUR SPEED ZONE). HIS VEHICLE WAS LEFT ON SCENE PER HIS REQUEST. DEFENDANT RUTHERFORDâS BOND WAS SET AT $2,000.00, PER THE BOND SCHEDULE. K-9 DEPUTY LABORDA COLLECTED THE CONTRABAND TO SUBMIT TO EVIDENCE; SEE K-9 DEPUTY LABORDAâS SUPPLEMENT FOR FURTHER. |
