| Probable cause affidavit: |
SUBMITTED BY: INDORATO, THOMAS 0712 (AR15-13932) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE (CANNABIS OVER 20 GRAMS), TO WIT: A CLEAR PLASTIC BAG CONTAINING APPROXIMATELY 232 GRAMS, ALONG WITH A SECOND CLEAR PLASTIC BAG CONTAINING APPROXIMATELY 3.5 GRAMS OF CANNABIS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). ON 021815, AT APPROXIMATELY 2029 HOURS, WHILE CONDUCTING TRAFFIC ENFORCEMENT IN INVERNESS, I WAS HEADING WESTBOUND ON MAIN STREET IN THE CITY, WHEN I OBSERVED A SILVER 2003 FORD MUSTANG BEARING FLORIDA LICENSE PLATE DAWE75 HEADING EASTBOUND ON MAIN STREET. I CONDUCTED A U-TURN AND POSITIONED MY MARKED PATROL VEHICLE BEHIND SAID VEHICLE, WHERE THE TRAFFIC SIGNAL AT SEMINOLE AND MAIN STREET TURNED RED. THE VEHICLE FAILED TO COME TO A COMPLETE STOP BEHIND THE MARKED STOP BAR OF THE TRAFFIC LIGHT AND A QUARTER OF THE VEHICLE WAS POSITIONED OVER THE WHITE BAR AND ENTERING INTO THE INTERSECTION. UPON THE TRAFFIC SIGNAL TURNING GREEN THE VEHICLE CONTINUED TO TRAVEL EASTBOUND ON MAIN STREET. I ACTIVATED MY OVERHEAD EMERGENCY EQUIPMENT TO INITIATE A TRAFFIC STOP. THE VEHICLE CAME TO A FINAL STOP IN THE PARKING LOT OF THE MCDONALDS LOCATED AT 240 SOUTH U S HIGHWAY 41. I MADE CONTACT WITH THE DRIVER/DEFENDANT, LATER IDENTIFIED AS MR AUSTIN JONES, AND THE FRONT SEAT PASSENGER, LATER IDENTIFIED AS MS MARISSA MORGAN, ON A PASSENGER SIDE APPROACH. I ADVISED THE DEFENDANT OF THE REASON FOR THE TRAFFIC STOP AND REQUESTED HIS DRIVER'S LICENSE, VEHICLE REGISTRATION AND PROOF OF INSURANCE. THE DEFENDANT HANDED OVER SAID DOCUMENTS; HOWEVER ADVISED THAT HE DID NOT HAVE HIS DRIVER'S LICENSE ON HIM AND HANDED OVER A PHOTO SCHOOL IDENTIFICATION CARD. UPON THE DEFENDANT HANDING OVER THE SCHOOL IDENTIFICATION CARD, THE DEFENDANTâS HAND WAS TREMBLING AND THE DEFENDANT WAS ACTING VERY NERVOUS. I ALSO OBTAINED MS MORGANâS DRIVER'S LICENSE. UPON OBSERVING THE INTERIOR OF THE VEHICLE, I OBSERVED MULTIPLE MISCELLANEOUS ARTICLES OF CLOTHING AND A SMALL DOG IN THE BACK SEAT. AT THAT TIME, SERGEANT MARSHALL ARRIVED ON SCENE. I ASKED THE DEFENDANT IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE AND HE ADVISED THERE WAS NOT. HE FURTHER ADVISED THAT THE VEHICLE WAS NOT HIS AND HE JUST BORROWED IT FROM A FRIEND. I RETURNED BACK TO MY PATROL VEHICLE TO RUN WANTS AND WARRANTS AND DRIVER'S LICENSE STATUS ON BOTH OCCUPANTS OF THE VEHICLE. I THEN CONDUCTED A 360 DEGREE SNIFF OF THE FREE PUBLIC AIRSPACE SURROUNDING A 2003 GREY FORD MUSTANG BEARING FLORIDA LICENSE PLATE DAWE75. K-9 REPO ALERTED TO THE PRESENCE OF A CONTROLLED SUBSTANCE ODOR ON THE REAR PASSENGER SIDE TRUNK SEAM. K-9 REPO WAS THEN RE-SECURED. BOTH OCCUPANTS WERE ASKED TO STEP OUT OF THE VEHICLE ONE BY ONE AND BOTH COMPLIED. DEPUTY RAMOS ALSO ARRIVED ON SCENE AND STOOD BY WITH BOTH OCCUPANTS OF THE VEHICLE AT THE FRONT OF MY PATROL VEHICLE. SERGEANT MARSHALL AND I CONDUCTED A HAND SEARCH OF THE INTERIOR OF THE VEHICLE. UPON SEARCHING THE DRIVERâS SIDE OF THE VEHICLE, I LOCATED A BLACK BACKPACK ON THE FLOORBOARD BEHIND THE DRIVERâS SIDE SEAT. LOCATED IN THE BLACK BACKPACK WERE TWO LARGE PLASTIC BAGS CONTAINING AN ODOR OF CANNABIS, ALONG WITH A PACK OF ROLLING PAPERS. I ALSO LOCATED IN the BACKPACK A CLEAR PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE, WHICH THROUGH MY TRAINING AND EXPERIENCE I IDENTIFIED TO BE CANNABIS. SERGEANT MARSHALL ADVISED THAT HE HAD LOCATED A CARDBOARD BOX IN THE TRUNK ON THE PASSENGER SIDE OF THE VEHICLE, BETWEEN MULTIPLE MISCELLANEOUS ARTICLES OF CLOTHING. SERGEANT MARSHALL ADVISED THAT UPON RETRIEVING THE CARDBOARD BOX HE IMMEDIATELY DETECTED AN ODOR OF CANNABIS EMITTING FROM INSIDE THE BOX. SERGEANT MARSHALL OPENED THE CARDBOARD BOX AND UPON OBSERVING THE CONTENTS, A LARGE CLEAR PLASTIC BAG CONTAINING A GREEN LEAFY SUBSTANCE WAS LOCATED INSIDE. THROUGH MY TRAINING AND EXPERIENCE I ALSO IDENTIFIED THIS SUBSTANCE TO BE THAT OF CANNABIS. UPON FURTHER SEARCHING OF THE INTERIOR OF THE TRUNK, SERGEANT MARSHALL LOCATED A SMALL SAFE AND UPON OPENING THE SAFE, CANNABIS SHAKE WAS LOCATED INSIDE. THE GREEN LEAFY SUBSTANCE WAS TESTED UTILIZING AN AGENCY ISSUED FIELD TEST KIT, WHICH YIELDED A POSITIVE RESPONSE FOR THE PRESENCE OF CANNABIS. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND DETAINED BY SERGEANT MARSHALL UNTIL FURTHER INVESTIGATION. SERGEANT MARSHALL QUESTIONED THE DEFENDANT POST MIRANDA ABOUT THE CONTRABAND THAT WAS LOCATED INSIDE THE VEHICLE. DURING THE QUESTIONING, SERGEANT MARSHALL ADVISED THAT THE DEFENDANT ADMITTED TO SMOKING CANNABIS AND ADMITTED THAT THE CANNABIS LOCATED IN THE CARDBOARD BOX AND THE CANNABIS LOCATED IN THE BLACK BACKPACK WAS HIS. I QUESTIONED MS MORGAN, WHO ADVISED THAT SHE HAD NO IDEA that THE DEFENDANT HAD DRUGS INSIDE THE VEHICLE AND THEY WERE ONLY ON THEIR WAY BACK TO ORLANDO. THE DEFENDANT WAS THEN PLACED IN THE REAR SEAT OF DEPUTY RAMOSâ VEHICLE AND ADVISED THAT HE WAS UNDER ARREST. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE VEHICLE WAS SECURED AND LEFT IN THE PARKING LOT OF THE MCDONALDS. DEPUTY RAMOS TOOK PHOTOGRAPHS; SEE HIS SUPPLEMENT FOR FURTHER. THE DEFENDANT WAS ISSUED WRITTEN WARNING 393896B, FOR VIOLATION OF A TRAFFIC CONTROL DEVICE, WHERE HE DID NOT STOP BEHIND THE MARKED STOP BAR. DEPUTY RAMOS TOOK POSSESSION OF ALL OF THE CONTRABAND, WHICH WAS LATER TURNED IN TO EVIDENCE. THE CLEAR PLASTIC BAG THAT WAS FOUND IN THE CARDBOARD BOX CONTAINING CANNABIS WAS LATER WEIGHED, WITH AN APPROXIMATE TOTAL WEIGHT OF 232 GRAMS. THE CANNABIS IN THE CLEAR PLASTIC BAGGIE FOUND IN THE BLACK BACKPACK WAS WEIGHED, WITH AN APPROXIMATE TOTAL WEIGHT OF 3.5. DEPUTY RAMOS ALSO PLACED THE DEFENDANTâS CELL PHONE IN EVIDENCE. THE DEFENDANTâS BOND WAS SET AT $2,000.00, PER THE BOND SCHEDULE. |
