| Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0652 (AR11123476) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: METHADONE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). (AND) DID, KNOWING A CRIMINAL PROCEEDING OR TRAIL OR INVESTIGATION BY A DULY CONSTITUTED PROSECUTING AUTHORITY, LAW ENFORCEMENT AGENCY, GRAND JURY OR LEGISLATIVE COMMITTEE OF THIS STATE IS PENDING OR IS ABOUT TO BE INSTITUTED, ALTER, DESTROY, CONCEAL, OR REMOVE ANY RECORD, DOCUMENT, OR THING, WITH THE PURPOSE TO IMPAIR VERITY OR AVAILABILITY IN SUCH PROCEEDING OR INVESTIGATION, IS IN VIOLATION OF FLORIDA STATE STATUTE 918.13(1)(A) ON 110711, AT 1233 HOURS, WHILE TRAVELING SOUTH ON NORTH LECANTO HIGHWAY, I OBSERVED A WHITE MOTOR VEHICLE TRAVELING NORTH, HEADED TOWARD ME AT AN ESTIMATED SPEED OF 73 TO 76 MILES PER HOUR, IN A 55 MILE PER HOUR ZONE. I ACTIVATED MY AGENCY ISSUED PYTHON THREE RADAR SYSTEM AND RECEIVED A READING OF 75 MILES PER HOUR. I THEN MADE A U-TURN AND BEGAN TO CATCH UP TO THE SPEEDING VEHICLE. I CAUGHT UP TO THE VEHICLE AND BEGAN TO PACE THE VEHICLE WITH MY PATROL VEHICLE, AT 72 MILES PER HOUR. I ACTIVATED MY EMERGENCY LIGHTS AND SIREN, BUT THE DRIVER OF THE VEHICLE DID NOT PULL OVER IMMEDIATELY, AND CONTINUED TO TRAVEL NORTH. THE DRIVER THEN PULLED OVER INTO WHISPERING OAKS DRIVE AND THEN TO THE SIDE OF THE ROAD. I THEN APPROACHED THE DRIVER ON THE DRIVER'S SIDE AND REQUESTED THE DRIVER'S INFORMATION. HE PROVIDED ME WITH THE PROPER INFORMATION AND I BEGAN TO ASK HIM ROUTINE QUESTIONS. WHILE SPEAKING WITH THE DRIVER, I OBSERVED HE HAD A WHITE SUBSTANCE AROUND HIS MOUTH AND I COULD TELL THAT HE WAS TRYING TO CHEW SOMETHING. I ASKED THE DEFENDANT/DRIVER WHAT WAS IN HIS MOUTH, AT WHICH TIME HE ADVISED HE WAS EATING A BAGEL. I REQUESTED TO SEE THE WRAPPER OF THE BAGEL, WHICH HE COULD NOT PROVIDE. I ASKED THE DEFENDANT TO EXIT THE VEHICLE AND ASKED HIM AGAIN WHAT HE WAS CHEWING, AND HE STATED, "METHADONE TABLETS". I THEN PLACED THE DRIVER IN HANDCUFFS AND REQUESTED HE SPIT OUT THE SUBSTANCE THAT WAS IN HIS MOUTH ONTO THE TRUNK LID OF HIS VEHICLE. HE WAS THEN ASKED AGAIN WHAT WAS IN HIS MOUTH, AND HE STATED HE WAS STUPID AND HE GOT SCARED AND CHEWED SIX METHADONE TABLETS SO HE WOULD NOT GET CAUGHT WITH THEM. DETECTIVE HOLLOWAY THEN ARRIVED ON SCENE AND BEGAN TO SPEAK with THE DEFENDANT. DETECTIVE HOLLOWAY THEN READ THE DEFENDANT HIS MIRANDA WARNINGS, TO WHICH THE DEFENDANT ADVISED HE WOULD SPEAK WITH HIM. THE DEFENDANT ADVISED DETECTIVE HOLLOWAY THAT HE GOT SCARED WHEN THIS DEPUTY PULLED BEHIND HIM, AND ATTEMPTED TO CONCEAL SIX METHADONE IN HIS MOUTH. THE DEFENDANT WAS THEN GIVEN THE OPPORTUNITY TO RINSE OUT HIS MOUTH FROM A NEARBY WATER FAUCET. THE DEFENDANT ADVISED HE DID NOT SWALLOW ANY OF THE METHADONE, AND HE WAS OFFERED MEDICAL TREATMENT, WHICH HE REFUSED. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR POSSESSION OF A CONTROLLED SUBSTANCE AND FOR TAMPERING WITH EVIDENCE. HE WAS SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. I COLLECTED THE WET METHADONE WHICH THE DEFENDANT HAD SPIT OUT ONTO THE REAR OF HIS VEHICLE, AND IT WAS LATER PLACED INTO EVIDENCE. THE DEFENDANT'S WIFE WAS CALLED AND ARRIVED ON SCENE IN REFERENCE TO RELEASING THE DEFENDANT'S VEHICLE AND PROPERTY OVER TO HER, PER THE DEFENDANT'S REQUEST. WHILE EN ROUTE TO THE COUNTY DETENTION FACILITY, THE DEFENDANT ADVISED THAT HE DID NOT HAVE A PRESCRIPTION FOR METHADONE AND THAT WAS WHY HE WAS ATTEMPTING TO CONCEAL IT. THE DEFENDANT WAS TURNED OVER TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING, WHERE HIS BOND WAS SET AT $7, 000.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS GIVEN FLORIDA UNIFORM TRAFFIC CITATION NUMBER 7546-GJX-5 FOR EXCEEDING THE COUNTY POSTED SPEED LIMIT. "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* |
