| Probable cause affidavit: |
SUBMITTED BY: WEST, JAMES 1286 (AR15-14155) (CASE 15-30565) did then and there unlawfully have in HIS actual or constructive possession OF a certain habit-forming, toxic, harmful, new or legend drug subject to Section 499.003, Florida Statutes, to-wit: SEVEN ALPRAZOLAM 2.0 MG TABLETS, without having obtained said drug by a valid prescription, in violation of Florida Statute 499.03(1); 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: A SMALL CLEAR GLASS CONTAINER WITH BLACK TOP WITH JOKER ON THE FACE OF IT, AND A BLACK AND TAN GLASS BOTTLE WITH CORK TOP AND AN ALEVE BOTTLE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) 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, TO WIT: WEIGHED AT 2.5 GRAMS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). ON 030715, AT APPROXIMATELY 1607 HOURS, I CONDUCTED A CONSENSUAL ENCOUNTER ON A GOLD SATURN ION VEHICLE, BEARING FLORIDA TAG 400YZW, AT 7593 WEST GROVER CLEVELAND BOULEVARD IN HOMOSASSA. THE VEHICLE WAS OCCUPIED BY TWO MALES, LATER IDENTIFIED AS MR CODY CHEEK AND MR AUSTIN MALECKY. AS I APPROACHED THE VEHICLE THE DRIVER EXITED THE VEHICLE AND I ASKED THE DRIVER IF I COULD SPEAK WITH HIM FOR A MOMENT, AND HE REPLIED, YES, AND WALKED OVER TO MY PATROL VEHICLE. I OBSERVED THE DEFENDANT WAS BREATHING VERY FAST AND HIS HANDS AND ARMS WERE SHAKING. I ASKED THE DEFENDANT IF I COULD SEE HIS DRIVERâS LICENSE, TO WHICH HE RESPONDED, YES, AND PRODUCED IT FROM HIS WALLET. I ASKED THE DEFENDANT WHO WAS IN THE CAR WITH HIM, AT WHICH TIME HE IDENTIFIED MR CHEEK. I ASKED MR CHEEK IF HE WOULD STEP OUT OF THE VEHICLE AND IF I COULD SEE HIS IDENTIFICATION. MR CHEEK AGREED AND ALSO PRODUCED A FLORIDA DRIVERâS LICENSE. I ASKED THE DEFENDANT WHY HE WAS ACTING SO NERVOUS, TO WHICH HE RESPONDED THAT HE JUST GETS NERVOUS AROUND COPS. I ASKED THE DEFENDANT IF HE HAD ANYTHING ILLEGAL IN THE VEHICLE, AT WHICH POINT HE HESITATED FOR APPROXIMATELY 10 TO 15 SECONDS AND THEN STATED THERE WAS SOME WEED IN THE CAR. I ASKED THE DEFENDANT WHERE IN THE CAR THE WEED WAS LOCATED, AND THE DEFENDANT WALKED ME OVER TO THE DRIVERâS SIDE DOOR, REACHED DOWN TOWARD THE CENTER CONSOLE, AND PRODUCED A SMALL BROWN AND TAN GLASS CONTAINER WITH A CORK TOP, CONTAINING APPROXIMATELY 2.5 GRAMS OF MARIJUANA. I HAD THE DEFENDANT STAND NEAR THE REAR BUMPER OF HIS VEHICLE AND I ASKED THE DEFENDANT IF THERE WAS ANYTHING ELSE ILLEGAL IN THE VEHICLE, TO WHICH HE RESPONDED, ââYES, THERE ARE SOME XANAX IN AN ALEVE BOTTLE IN A COMPARTMENT JUST LEFT OF THE STEERING WHEELââ. AT THAT POINT I PLACED THE DEFENDANT IN HANDCUFFS, DOUBLE LOCKED, AND HAD HIM LEAN AGAINST THE FRONT OF MY PATROL VEHICLE WHILE DEPUTY WHIRLE STOOD WITH HIM AND MR CHEEK. I CONDUCTED A SEARCH OF THE VEHICLE AND LOCATED AN ALEVE BOTTLE CONTAINING SEVEN ALPRAZOLAM 2.0 MG PILLS, AND A SMALL CLEAR CONTAINER WITH A BLACK TOP AND A JOKER FACE ON IT, WHICH CONTAINED WHITE POWDER RESIDUE, IN A COMPARTMENT LOCATED JUST TO THE LEFT OF THE STEERING WHEEL. THE WHITE POWDER WAS FIELD TESTED AND YIELDED POSITIVE RESULTS FOR COCAINE. AT THAT TIME I INFORMED THE DEFENDANT HE WAS UNDER ARREST FOR POSSESSION OF CANNABIS, DRUG PARAPHERNALIA AND PRESCRIPTION MEDICATION WITHOUT A PRESCRIPTION. THE DEFENDANT WAS SEARCHED AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HIS BOND WAS SET AT $3,500.00 PER THE BOND SCHEDULE. ALL NARCOTICS AND PARAPHERNALIA WERE SUBMITTED TO EVIDENCE. THE VEHICLE WAS RELEASED TO MR CHEEK. |
