| Probable cause affidavit: |
SUBMITTED By: PAUL, MATTHEW 0085 (AR09108723) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY PAUL, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 042309 AT 0332 HOURS, I WAS AT THE KANGAROO GAS STATION LOCATED AT, US 41 SOUTH AND EDEN DRIVE, IN INVERNESS, WHEN I OBSERVED A WHITE FOUR DOOR CADILLAC ACCELERATING NORTH ON US 41 WHERE THE SPEED LIMIT IN THAT AREA IS 45 MILES PER HOUR (MPH). I ESTIMATED THE VEHICLE TO BE TRAVELING AT APPROXIMATELY 45 TO 50 MPH AND STILL ACCELERATING. I COULD HEAR THE ENGINE OF THE VEHICLE GETTING HIGHER AND MOVING AWAY QUICKER THAN 45 MPH. WHAT APPEARED TO BE A WHITE DODGE THEN PASSED NORTHBOUND, WHICH ALSO APPEARED TO BE TRAVELING AT 45 MPH. AS I PULLED ONTO US 41 NORTH, I OBSERVED THE WHITE CADILLAC PULLING AWAY FROM the WHITE DODGE AT A HIGH RATE OF SPEED. I THEN ACCELERATED MY PATROL VEHICLE IN ORDER TO ATTEMPT TO CATCH IT. the VEHICLE APPEARED TO BE DOING IN EXCESS OF 65 MPH IN the STILL 45 MPH SPEED ZONE. AFTER PASSING THE DODGE, WHILE ATTEMPTING TO CATCH THE CADILLAC, MY PATROL VEHICLE HAD TO ACCELERATE IN EXCESS OF 80 MPH IN ORDER TO BEGIN GAINING ON the CADILLAC. I THEN OBSERVED THE WHITE CADILLAC TURN IN TO THE HUDDLE HOUSE ABRUPTLY and WAS ABLE TO FOLLOW THE VEHICLE AND WATCHED AS THE VEHICLE WAS STILL MOVING IN A PARKING SPOT FACING NORTH. I OBSERVED A WHITE MALE NOW KNOWN TO ME AS THE DEFENDANT, MR ANTHONY FERRARA, INSIDE THE VEHICLE, AND WATCHED AS HE EXITED THE VEHICLE AND WALKED TOWARDS the ENTRANCE TO the HUDDLE HOUSE. AT THAT TIME I STOPPED THE DEFENDANT FROM MY PATROL VEHICLE AND ADVISED HIM that I NEEDED HIS DRIVER'S LICENSE AND VEHICLE REGISTRATION. the DEFENDANT THEN ADVISED ME THAT HE WAS NOT DRIVING THE VEHICLE AND THAT HE DID NOT KNOW WHOSE VEHICLE IT WAS. I ONCE AGAIN ADVISED THE DEFENDANT THAT I NEEDED HIS DRIVER'S LICENSE AND THAT I HAD JUST WITNESSED HIM DRIVING THE VEHICLE AND THAT I WATCHED HIM INSIDE the VEHICLE, AND EXITING the VEHICLE. THE DEFENDANT STATED ONCE MORE THAT IT WAS NOT HIS VEHICLE, AND HE DID NOT KNOW WHOSE IT WAS. the VEHICLE LIGHTS WERE STILL ON AS I WAS SPEAKING WITH THE DEFENDANT. THE DEFENDANT WAS ATTEMPTING TO WALK INSIDE THE HUDDLE HOUSE AND HAD TO BE PHYSICALLY HELD WITH MY LEFT HAND AND ASKED TO COME BACK TO THE VEHICLE. I ADVISED THE DEFENDANT THAT IF HE DID NOT PROVIDE ME WITH THE INFORMATION THAT I REQUESTED AND RETURN TO HIS VEHICLE THAT HE would BE PLACED UNDER ARREST. THE DEFENDANT THEN MADE THE STATEMENT, "GO AHEAD AND ARREST ME", AND THEN TURNED AROUND AND PLACED HIS HANDS BEHIND his BACK. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE-LOCKED). PRIOR TO PLACING HIM IN the REAR OF MY PATROL VEHICLE, A PAT DOWN WAS CONDUCTED OF THE DEFENDANT, AT WHICH TIME A SET OF KEYS WERE found IN HIS RIGHT FRONT POCKET THAT BELONGED TO THE WHITE CADILLAC that THE DEFENDANT HAD BEEN DRIVING. THE DEFENDANT WAS THEN PLACED IN the REAR SEAT OF MY PATROL VEHICLE, AT WHICH TIME I WAS ABLE TO DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. A CHECK OF THE TAG ON the REAR OF the WHITE CADILLAC REVEALED TO BE REGISTERED TO THE DEFENDANT. IT WAS ALSO DISCOVERED THAT THE DEFENDANT'S DRIVER'S LICENSE WAS CURRENTLY SUSPENDED FOR FINANCIAL RESPONSIBILITIES ON 041309. THE WHITE DODGE THAT HAD EARLIER PASSED ON US 41, HAD PULLED INTO THE PARKING LOT AND A FEMALE AT THAT TIME WAS REQUESTING THE DEFENDANT'S PERSONAL AFFECTS. AFTER BEING TOLD TO STAND BY, THE FEMALE SUBJECT LATER WAS CALLED THE DEFENDANT'S SPOUSE BY the DEFENDANT; HOWEVER, SHE REFUSED TO SPEAK TO ME IN REFERENCE TO the CASE. ALL THE WHILE THE DEFENDANT WAS SITTING IN THE REAR OF MY PATROL VEHICLE THE DEFENDANT DENIED HAVING DRIVEN the VEHICLE, AND STATED THAT HE WANTED HIS WIFE TO TAKE IT. WHEN I APPROACHED THE FEMALE WHO HAD REFUSED TO SPEAK WITH ME, SHE WAS BELLIGERENT AND STATED THAT "I'M NOT HIS WIFE". DUE TO THE FACT that THEY WERE NOT RELATED ACCORDING TO HER, THE VEHICLE KEYS WERE LEFT WITH the DEFENDANT. THE DEFENDANT WAS THEN WRITTEN A UNIFORM TRAFFIC CITATION (UTC), NUMBER 9209-FXZ FOR CARELESS DRIVING DUE TO HIS HIGH RATE OF SPEED DRIVING ON US 41, WITH A CIVIL FINE AMOUNT OF $151.50. HE WAS ALSO ISSUED UTC, NUMBER 9210-FXZ FOR UNKNOWINGLY DRIVING WITH HIS LICENSE SUSPENDED. THE DEFENDANT'S VEHICLE WAS LET AT THE SCENE PER HIS REQUEST. THE DEFENDANT'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
