| Probable cause affidavit: |
SUBMITTED BY: FERGUSON, ROBERT (0505) \t(AR16-19401) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: A CLEAR ZIP LOC BAGGIE WEIGHING .5 GRAMS METHAMPHETAMINE, BLUE ZIP LOC BAGGIES WEIGHTING APPROXIMATELY .8 GRAMS OF METHAMPHETAMINE, AND TWO MORE ZIP LOC BAGGIES WITH METH RESIDUE IN EACH, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 893.13(1)(A)(1); AND DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 893.13(6)(B), AND 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: ONE SCALE, TWO PIPES; ONE PIPE FOR METHAMPHETAMINE AND ONE FOR MARIJUANA, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 893.147(1). ON 050916, WHILE CONDUCTING STATIONARY RADAR USING MY AGENCY ISSUED HANDHELD RADAR UNIT, I OBSERVED A VEHICLE TRAVELLING SOUTH ON SOUTH GREAT OAKS TERRACE AND I ESTIMATED THE SPEED AT APPROXIMATELY 38 MILES AN HOUR. I ACTIVATED MY RADAR UNIT WHICH VERIFIED THE SPEED TO BE 37 MILES PER HOUR. AS THE VEHICLE PASSED I OBSERVED THE DRIVER OF THE VEHICLE NOT TO BE WEARING HIS SEATBELT. I INITIATED A TRAFFIC STOP AT THE INTERSECTION OF SOUTH GREAT OAKS DRIVE AND EAST BAYBERRY LANE IN FLORAL CITY, AT WHICH TIME I MADE CONTACT WITH THE DEFENDANT MR ANTHONY JAMES BRENDEL. MR BRENDEL ROLLED DOWN HIS DRIVERS AND PASSENGERS SIDE WINDOWS. AS I WAS GATHERING MR BRENDEL'S INFORMATION, DEPUTY MARSHALL WALKED UP ON THE PASSENGERS SIDE OF THE VEHICLE, POSITIONED HIMSELF AT THE FRONT PASSENGERS WINDOW. I OBSERVED DEPUTY MARSHALL INDICATE THAT HE HAD SMELLED SOMETHING IN THE VEHICLE. I ASSUMED HE WAS REFERRING TO MARIJUANA. AT THAT TIME, DEPUTY MARSHALL ASKED THE DEFENDANT IF HE SMOKED MARIJUANA, TO WHICH THE DEFENDANT ADVISED THAT HE DID. HE THEN ASKED THE DEFENDANT IF HE HAD ANY MARIJUANA INSIDE THE VEHICLE, AT WHICH POINT THE DEFENDANT REACHED INTO THE CENTER CONSOLE OF HIS VEHICLE AND REMOVED A SMALL PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE, WHICH WEIGHED APPROXIMATELY 2.6 GRAMS. I WAS ABLE TO IDENTIFY THE SUBSTANCE AS MARIJUANA. HE THEN REMOVED A MULTICOLORED GLASS PIPE FROM THE SAME LOCATION. IT WAS AT THAT TIME THAT I REMOVED THE DEFENDANT FROM THE VEHICLE AND BEGAN TO WALK HIM BACK TOWARDS THE FRONT OF MY PATROL CAR. THE DEFENDANT BEGAN ACTING VERY NERVOUS AND WHEN I ASKED IF THERE WAS ANYTHING ELSE IN THE VEHICLE HE ASKED, "WHAT IF THERE WAS OTHER THINGS IN THE VEHICLE?" THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. HE WAS THEN READ HIS MIRANDA WARNING VIA AGENCY ISSUED PREPRINTED CARD. AFTER WHICH, HE ADVISED HE UNDERSTOOD HIS RIGHTS AND THAT HE WOULD SPEAK WITH ME. HE STATED THAT IN THE CENTER CONSOLE WHERE HE HAD REMOVED THE MARIJUANA THERE WAS GOING TO BE METHAMPHETAMINE, ALONG WITH A PIPE. DEPUTY MARSHALL CONDUCTED A SEARCH OF THE VEHICLE WHERE HE LOCATED A BLACK ZIPPERED CASE. INSIDE THE CASE WAS NUMEROUS BLUE ZIP LOC BAGGIES, A DIGITAL SCALE, A CLEAR ZIP LOC BAGGIE, WHICH CONTAINED APPROXIMATELY .6 GRAMS OF METHAMPHETAMINE, A BLUE ZIP LOC BAGGIE, WHICH CONTAINED APPROXIMATELY .8 GRAMS OF METHAMPHETAMINE AND TWO OTHER ZIP LOC BAGGIES WITH METHAMPHETAMINE RESIDUE IN BOTH. THERE WAS ALSO A GLASS PIPE WITH BURNT METHAMPHETAMINE RESIDUE. AFTER LOCATING THESE ITEMS, I AGAIN SPOKE TO THE DEFENDANT, WHO ADVISED THAT HE WAS IN THE PROCESS OF SELLING THE METHAMPHETAMINES AND WAS GOING TO RECEIVE A HUNDRED DOLLARS FOR THE BIG BAGGIE AND FIFTY DOLLARS FOR THE SMALLER. HE ADVISED THAT HE HAD JUST SOLD A BAGGIE OF MARIJUANA, WHICH WAS WHY THERE WAS TWENTY DOLLARS INSIDE OF THE ZIPPERED CASE. THE DEFENDANT WAS SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS CHARGED WITH ONE COUNT POSSESSION OF METHAMPHETAMINE WITH INTENT TO SELL WITH BOND SET AT $5,000.00, ONE COUNT POSSESSION OF MARIJUANA LESS THAN 20 GRAMS WITH BOND SET AT $1,000.00, AND ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA WITH BOND SET AT $1,000.00. THE DEFENDANT'S TOTAL BOND WAS SET AT $7,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO ISSUED TWO WRITTEN WARNINGS, ONE FOR NOT WEARING A SEAT BELT AND THE OTHER FOR SPEEDING. DEPUTY MARSHALL STAYED WITH THE VEHICLE UNTIL IT WAS TOWED. |
