| Probable cause affidavit: |
SUBMITTED BY: MARSHALL, AIDAN 0453 (AR08101626) did unlawfully and knowingly obtain, use or endeavor to obtain or use the property of THE VICTIM, to-wit: A 1990 FOUR DOOR BLACK LEXUS, of the value of three hundred dollars ($300.00) or more, but less than twenty thousand dollars ($20,000.00) by exercising control over said property with the intent to either temporarily or permanently deprive THE VICTIM of a right to the property or a benefit thereof, or did appropriate the said property to HIS own use or the use of any person not entitled thereto and knew or should have known that said property was stolen, in violation of Florida Statutes 812.014(1) and 812.014(2)(c)6 AND DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CRACK COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A) AND did, while HIS driver's license was canceled, suspended or revoked pursuant to Florida Statute 322.264 (habitual offender), drive a motor vehicle upon the highways of this state, in violation of Florida Statutes 322.34(5) and 322.264. ON 020708 AT APPROXIMATELY 1041 HOURS, I WAS TRAVELING EASTBOUND ON WEST LONGFELLOW STREET, WHEN I OBSERVED A BLACK FOUR DOOR LEXUS BACKED INTO THE FAR NORTH PARKING SPACE AT THE SPRINT CONVENIENT STORE LOCATED AT 2275 SOUTH SUNCOAST BOULEVARD. AS I PASSED THE STORE, I OBSERVED THE SUBJECT TO BE REACHING INTO THE DRIVER'S SIDE OF THE VEHICLE THROUGH THE WINDOW, AT WHICH TIME, I ALSO OBSERVED THE VEHICLE DID NOT HAVE A LICENSE PLATE ATTACHED TO THE REAR OF THE VEHICLE. AT THAT TIME, I CONDUCTED A U-TURN AND HEADED BACK TOWARDS THE STORE IN AN ATTEMPT TO INVESTIGATE THE VEHICLE FURTHER. UPON APPROACHING THE STORE, I OBSERVED THE BLACK LEXUS TO PULL OUT ON TO WEST LONGFELLOW STREET IN FRONT OF MY PATROL VEHICLE, WHERE I CLEARLY OBSERVED THE VEHICLE TO NOT HAVE A LICENSE PLATE ATTACHED. I IMMEDIATELY ACTIVATED MY OVERHEAD LIGHTS AND CONDUCTED A TRAFFIC STOP ON THE BLACK FOUR DOOR LEXUS ON THE NORTHEAST CORNER OF U S HIGHWAY 19 AND WEST LONGFELLOW STREET. AFTER THE VEHICLE CAME TO A STOP THE DRIVER IMMEDIATELY TRIED TO EXIT THE VEHICLE BY OPENING THE DRIVER'S DOOR AND STEPPING OUT OF THE VEHICLE, AT WHICH TIME, I GAVE THE DRIVER SEVERAL COMMANDS TO GET BACK INSIDE HIS VEHICLE TO WHICH HE FINALLY COMPLIED. I REQUESTED AT THAT TIME ROUTINE BACK UP AND CORPORAL BONURA ARRIVED ON SCENE. UPON MAKING CONTACT WITH THE DRIVER/DEFENDANT, AND REQUESTING HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE, HE IMMEDIATELY STATED THAT HIS DRIVER'S LICENSE WAS SUSPENDED, THAT HE WAS ON PROBATION AND THE VEHICLE WAS UNREGISTERED. AT THAT TIME, I OBTAINED THE DEFENDANT'S SOCIAL SECURITY NUMBER AND THROUGH THE USE OF THE D.A.V.I.D. QUERY DATABASE I WAS ABLE TO IDENTIFY THE DEFENDANT AS MR ARCHIE LAMAR STEWART JR THROUGH A PHOTOGRAPH AS THE DRIVER OF THE BLACK LEXUS. A CHECK THROUGH NCIC/FCIC REVEALED THE DEFENDANT'S DRIVER'S LICENSE TO BE SUSPENDED ON NUMEROUS OCCASIONS AND ON 050807, THE DEFENDANT'S DRIVER'S LICENSE WAS SUSPENDED FOR FIVE YEARS REFERENCE HIM BEING A HABITUAL TRAFFIC OFFENDER. AT THAT TIME I APPROACHED THE VEHICLE AGAIN AND ASKED THE DEFENDANT TO STEP OUT AND PLACE HIS HAND BEHIND HIS BACK, TO WHICH HE COMPLIED. I ADVISED THE DEFENDANT HE WAS UNDER ARREST FOR DRIVING WHILE LICENSE SUSPENDED, HABITUAL AND HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK. THE DEFENDANT WAS THEN ESCORTED TO MY PATROL VEHICLE AND PLACED IN THE REAR SEAT. UPON RUNNING THE VEHICLE IDENTIFICATION NUMBER OF THE BLACK LEXUS THROUGH TELETYPE, I WAS ADVISED THE VEHICLE WAS STOLEN OUT OF LA CROSE POLICE DEPARTMENT IN LA CROSE CITY, WISCONSIN. TELETYPE CONFIRMED THE VEHICLE TO BE STOLEN AND ADVISED THAT IT HAD BEEN STOLEN FROM A VEHICLE CAR LOT IN THE LA CROSE POLICE DEPARTMENT JURISDICTION. I THEN CONDUCTED A SEARCH OF THE INTERIOR OF THE VEHICLE INCIDENT TO ARREST. UPON OPENING THE GLOVE BOX, I OBSERVED A CLEAR PLASTIC BAGGIE, IN PLAIN VIEW ON TOP OF THE OWNER'S MANUAL, WITH TWO THIN WHITE SQUARES CONTAINED INSIDE THE BAGGIE. THROUGH MY TRAINING AND EXPERIENCE I RECOGNIZED THE WHITE SQUARES TO BE THAT OF CRACK COCAINE. THE CRACK COCAINE WAS THEN FIELD TESTED AND TESTED POSITIVE, PACKAGED AND LATER TURNED INTO EVIDENCE. ADAM'S TOWING ARRIVED ON SCENE AND TOWED THE VEHICLE TO THEIR YARD, WHERE IT WOULD BE HELD FOR THE OWNER. CONTACT WAS AGAIN MADE WITH THE DEFENDANT WHO WAS SEATED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS READ MIRANDA RIGHTS VIA PRE PRINTED CARD AND ADVISED HE UNDERSTOOD HIS RIGHTS AND WANTED TO SPEAK WITH THIS DEPUTY. WHEN TOLD THAT CRACK COCAINE WAS FOUND IN THE GLOVE BOX OF HIS VEHICLE HE STATED HE DID NOT KNOW WHERE IT CAME FROM. HOWEVER, THE DEFENDANT MADE SPONTANEOUS STATEMENTS THAT NO ONE ELSE HAD BEEN SINCE HIS VEHICLE AND HE HAD JUST OPENED THE GLOVE BOX APPROXIMATELY ONE WEEK PRIOR TO THIS INCIDENT. IN REFERENCE TO THE STOLE VEHICLE, THE DEFENDANT ADVISED HE DID NOT STEAL THE VEHICLE AND STATED HE BOUGHT THE VEHICLE FOR $2,600.00 FROM A SUBJECT WHO LIVED IN BEVERLY HILLS, HOWEVER, THE DEFENDANT COULD NOT ADVISE ME THE SUBJECT'S NAME, ADDRESS OR ANY OTHER FURTHER CONTACT INFORMATION FOR THIS SUBJECT WHO ALLEGEDLY SOLD HIM THE VEHICLE. THE DEFENDANT STATED WHEN HE PURCHASED THE VEHICLE HE DID NOT RECEIVE A TITLE AND THAT THE INDIVIDUAL PROMISED TO GIVE HIM THE TITLE AFTER THE VEHICLE WAS PAID OFF. UPON INFORMING THE DEFENDANT THE VEHICLE WAS STOLEN OUT OF WISCONSIN, HE STATED THAT HE HAD A WISCONSIN VEHICLE LICENSE PLATE, WHICH HE ALLEGEDLY FOUND INSIDE THE VEHICLE UPON PURCHASE. AT THAT TIME, THE DEFENDANT SIGNED A PERMISSION TO SEARCH FORM, ONLY HIS SHED AND NOT HIS RESIDENCE. MYSELF AND CORPORAL BONURA RESPONDED TO THE DEFENDANT'S RESIDENCE AT 2019 SOUTH STONE BROOK DRIVE AT WHICH TIME, I ENTERED THE SHED AT THE REAR OF THE PROPERTY AND OBSERVED A WISCONSIN LICENSE PLATE, 219JKF, TO BE LAYING ON THE DEFENDANT'S WORK BENCH. I TOOK THE LICENSE PLATE IN TO EVIDENCE, WHICH WAS PACKAGED AND LATER TURNED INTO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE LOCKER. UPON RUNNING THE TAG THROUGH NCIC/FCIC IT REVEALED THE TAG WAS NOT STOLEN AND HAD BEEN EXPIRED SINCE 2006. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE AT THE DETENTION FACILITY THE CRACK COCAINE WAS WEIGHED WHICH REVEALED A WEIGHT OF APPROXIMATELY ONE GRAM. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION NUMBER 0496-EVY FOR DRIVING WHILE LICENSE SUSPENDED. THE DEFENDANT 'S BOND WAS SET AT $9,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
