| Probable cause affidavit: |
SUBMITTED BY: HESSE, NICK 0689 (AR10117481) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: COCAINE, IN VIOLATION OF FLORIDA'S STATE STATUTE 893.13(6)(A). ON 102010 AT APPROXIMATELY 0140 HOURS, WHILE ON ROUTINE PATROL ON HIGHWAY 44 EAST AND SUNFISH ROAD, I OBSERVED A SILVER FORD SUV BEARING FLORIDA TAG BGT0E67 ROLL THROUGH THE STOP SIGN LOCATED AT THE ABOVE INTERSECTION AND TURN EASTBOUND ON HIGHWAY 44 EAST. AFTER OBSERVING THE VIOLATION, I POSITIONED MY PATROL VEHICLE BEHIND THE DEFENDANT'S VEHICLE AND INITIATED A TRAFFIC STOP BY TURNING ON MY EMERGENCY LIGHTS. A SHORT TIME LATER, THE VEHICLE CAME TO REST AT THE INTERSECTION OF HIGHWAY 44 WEST AND LITTLE JOHN ROAD. I THEN MADE CONTACT WITH THE OCCUPANTS OF THE VEHICLE. THE DRIVER/ DEFENDANT WAS IDENTIFIED AS MR ANTHONY ALPHONSE VIA DRIVER AND VEHICLE IDENTIFICATION DATA BASE (DAVID) AND THE FRONT PASSENGER PROVIDED AN IDENTIFICATION CARD THAT IDENTIFIED HER AS MS NINA SCHULTZ. AFTER SPEAKING WITH THE DRIVER/ DEFENDANT, HE ADVISED THAT HE DID NOT HAVE HIS DRIVER'S LICENSE, REGISTRATION OR PROOF OF INSURANCE AND HE SEEMED VISIBLY AGITATED. I THEN ADVISED BOTH OCCUPANTS TO STAY IN THE VEHICLE WHILE I RETURNED TO MY PATROL VEHICLE AND CONDUCTED A WANTS AND WARRANTS CHECK ON BOTH SUBJECTS. THE CHECK REVEALED THAT MS SCHULTZ WAS CURRENTLY ON PROBATION SUPERVISED STATUS FOR POSSESSION OF CONTROLLED SUBSTANCE. THE DRIVER/ DEFENDANT, MR ALPHONSE, HELD A FLORIDA INMATE RELEASE STATUS FOR MANUFACTURE, SALE OR DELIVERY OF COCAINE. BY THIS TIME K-9 DEPUTY BEHNEN HAD ARRIVED ON SCENE AS BACK-UP AND MADE CONTACT WITH THE OCCUPANTS. DEPUTY BEHNEN THEN DEPLOYED HIS K-9 JERRY LEE TO CONDUCT AN EXTERIOR SNIFF OF THE VEHICLE. I OBSERVED K- 9 DEPUTY BEHNEN AND K-9 JERRY LEE CIRCLE THE VEHICLE. AFTER DOING SO, HE ADVISED THAT HE RECEIVED A POSITIVE ALERT ON THE DRIVER'S SIDE OF THE VEHICLE. I THEN MADE CONTACT WITH THE DEFENDANT, MR ALPHONSE, AND HAD HIM STEP OUT OF THE VEHICLE WHERE HE WAS SEARCHED FOR WEAPONS AND CONTRABAND WITH NEGATIVE RESULTS. I THEN HAD MR ALPHONSE STEP BACK TO THE FRONT OF MY PATROL VEHICLE. I MADE CONTACT WITH THE PASSENGER, MS NINA SCHULTZ, AT THE PASSENGER'S SIDE OF THE VEHICLE AND HAD HER STEP OUT. UPON OPENING THE PASSENGER'S DOOR, I IMMEDIATELY OBSERVED A CLEAR PLASTIC BAGGIE WITH A CLEAR CRYSTALLINE SUBSTANCE, WHICH I IMMEDIATELY IDENTIFIED THROUGH MY TRAINING AND EXPERIENCE AS CRYSTAL METHAMPHETAMINE. THE PASSENGER/DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, BEHIND HER BACK, (DOUBLE LOCKED) AND SEARCHED FOR WEAPONS AND PLACED SECURELY IN THE REAR OF MY PATROL VEHICLE FOR THE REMAINDER OF MY INVESTIGATION. I THEN STOOD BY WITH MR ALPHONSE, THE DEFENDANT, AT THE FRONT OF MY PATROL VEHICLE WHILE DEPUTY BEHNEN CONTINUED TO SEARCH THE VEHICLE. DEPUTY BEHNEN SOON ADVISED THAT HE HAD LOCATED A PRESCRIPTION PILL BOTTLE FOR OXYCODONE WITH ELEVEN PRESCRIPTION PILLS LATER IDENTIFIED AS METHADONE HYDROCHLORIDE TABLETS IN THE DEFENDANT'S PURSE THAT BELONGED TO A MALE NAMED MR WILLIAM LIIK. THE PILL BOTTLE WAS THEN SEIZED AND TURNED IN TO CITRUS COUNTY EVIDENCE ALONG WITH THE CRYSTAL METHAMPHETAMINE. DEPUTY BEHNEN ALSO ADVISED THAT WHILE SEARCHING THE DRIVER'S SIDE OF THE VEHICLE, HE LOCATED A CLEAR PLASTIC BAGGIE CONTAINING A WHITE POWDERY SUBSTANCE WHICH WAS LATER IDENTIFIED AS COCAINE. THE COCAINE WAS ALSO SEIZED AND TURNED IN TO EVIDENCE. IT WAS DETERMINED THAT THE DEFENDANT WAS IN CONSTRUCTIVE POSSESSION OF THE COCAINE BEHIND HIS SEAT AND MR ALPHONSE WAS THEN PLACED UNDER ARREST. HE WAS HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), AND SECURED IN THE REAR OF MY PATROL VEHICLE FOR TRANSPORT. BOTH SUBJECTS WERE LATER TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE THEY WERE TURNED OVER TO STAFF FOR BOOKING AND PROCESSING. PRIOR TO TRANSPORTING TO THE CITRUS COUNTY DETENTION FACILITY, A FIELD TEST OF THE CRYSTALLINE SUBSTANCE CONFIRMED THAT IT WAS METHAMPHETAMINE AND A FIELD TEST OF THE WHITE POWDERY SUBSTANCE CONFIRMED THAT IT WAS COCAINE. THE PILLS WERE ALSO IDENTIFIED AS METHADONE HYDROCHLORIDE. THE METHAMPHETAMINE WEIGHED AT 2 GRAMS, THE COCAINE WEIGHTED AT 3 GRAMS. THE DEFENDANT'S (MR ANTHONY ALPHONSE) BOND WAS SET AT $5,000.00, 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* |
