| Probable cause affidavit: |
SUBMITTED BY: LOVULLO, SARAH 0723 (AR2012-1200) 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, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). (AND) 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 GOLD METAL SMOKING PIPE WITH A GREEN LEAFY SUBSTANCE WHICH FIELD TESTED POSITIVE FOR MARIJUANA, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ON 051612, AT APPROXIMATELY 2243 HOURS, I WAS CONDUCTING AN ACTIVE PATROL OF 114 SOUTH U S HIGHWAY 41 IN INVERNESS AND UPON DOING SO I MADE A CONSENSUAL ENCOUNTER WITH AN UNKNOWN WHITE MALE LATER IDENTIFIED AS MR BILLY UNDERWOOD, THE DEFENDANT. I BEGAN SPEAKING WITH THE DEFENDANT AND ASKED HIM IF HE HAD ANY ILLEGAL ITEMS WITH HIM, TO WHICH HE HUNG HIS HEAD AND SAID, YES. THE DEFENDANT THEN REACHED INTO HIS RIGHT FRONT POCKET AND PULLED OUT A GOLD METAL PIPE WITH A GREEN LEAFY SUBSTANCE IN IT, AND A SMALL CLEAR PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE. THE DEFENDANT ADVISED THAT IT WAS MARIJUANA. I THEN FIELD TESTED THE GREEN LEAFY SUBSTANCE IN THE CLEAR PLASTIC BAG AND IN THE PIPE, AND IT TESTED POSITIVE FOR MARIJUANA, WEIGHING APPROXIMATELY FOUR GRAMS IN THE CLEAR PLASTIC BAGGIE. THE DEFENDANT STATED HE DID NOT THINK MARIJUANA WAS ILLEGAL IN THE STATE OF FLORIDA. I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF MARIJUANA UNDER 20 GRAMS AND POSSESSION OF DRUG PARAPHERNALIA. THE DEFENDANT WAS THEN HANDCUFFED BEHIND HIS BACK, DOUBLE LOCKED, AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS READ MIRANDA WARNINGS VIA PREPRINTED AGENCY CARD, AT WHICH TIME I ASKED HIM IF HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH ME AT THAT TIME. THE DEFENDANT ADVISED YES HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH ME. THE DEFENDANT STATED THAT HE WAS DROPPED OFF BY A FRIEND AND WAS WALKING AROUND TRYING TO CLEAR HIS HEAD DUE TO A BREAKUP WITH HIS GIRLFRIEND, AND FURTHER ADVISED HE SMOKED A LITTLE BIT OF HIS MARIJUANA WHILE WALKING AROUND TOWN. HE THEN ADVISED HE REALLY DID NOT THINK THAT THE LAWS WERE THE SAME IN FLORIDA AS THEY ARE IN OHIO. I THEN ASKED HIM IF HE THOUGHT HE WAS ALLOWED TO SMOKE MARIJUANA IN THE STATE OF OHIO, AT WHICH TIME HE STATED, âNO, I WAS ARRESTED TWICE FOR POSSESSION OF MARIJUANA AND CONVICTED BOTH TIMES IN THE STATE OF OHIO. AT THAT TIME THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. A PROPERTY RECEIPT WAS FILLED OUT FOR THE MARIJUANA AND PIPE WHICH WAS SIGNED AND LATER TURNED OVER TO EVIDENCE. THE DEFENDANTâS BOND WAS SET AT A TOTAL BOND OF $1,000.00 PER THE BOND SCHEDULE. |
