Probable cause affidavit: |
SUBMITTED BY: WATTS, ROSCOE 1299 (AR15-15048) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: 0.05 GRAMS OF COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: ONE ACETAMINOPHEN/OXYCODONE/HYDROCHLORIDE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). 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 MULTI-COLORED MARIJUANA SMOKING PIPE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 051815, AT APPROXIMATELY 2300 HOURS, WHILE CONDUCTING STATIONARY TRAFFIC ENFORCEMENT AT THE INTERSECTION OF NORTHEAST 3RD STREET AND NORTHEAST 2ND AVENUE, IN CRYSTAL RIVER, I OBSERVED A BLACK DODGE 4X4 PICKUP TRUCK, BEARING FLORIDA LICENSE PLATE AZAA03, TRAVELING NORTHBOUND ON NORTHEAST 3RD STREET WITH AN INOPERABLE TAG LIGHT. I IMMEDIATELY FOLLOWED THE VEHICLE AND ACTIVATED MY OVERHEAD EMERGENCY LIGHTS AT NORTHEAST 3RD STREET AND NORTHEAST 1ST AVENUE IN AN ATTEMPT TO CONDUCT A TRAFFIC STOP. AFTER ACTIVATING MY OVERHEAD EMERGENCY LIGHTS, THE VEHICLE CONTINUED TO TRAVEL NORTHBOUND ON NORTHEAST 3RD STREET AND TURNED RIGHT IN TO THE PARKING LOT OF CRYSTAL MANATEE SUITES, LOCATED AT 310 NORTH CITRUS AVENUE. AS THE VEHICLE TURNED INTO THE PARKING LOT, I WITNESSED THE PASSENGER/DEFENDANT, MR BO CARTER, THROW A SMALL CIRCULAR PLASTIC CONTAINER, A PURPLE RECTANGULAR PLASTIC WRAPPER, LATER IDENTIFIED AS A SWISHER SWEET BLUNT PACKAGE, AND A BLACK RECTANGULAR SHAPE PLASTIC TRAY OUT THE PASSENGER SIDE WINDOW. I IMMEDIATELY RETRIEVED THE ITEMS AND PLACED THEM ON THE HOOD OF MY PATROL VEHICLE AND REQUESTED BACKUP TO RESPOND TO MY LOCATION. I MADE CONTACT WITH THE DRIVER, MR JESSE WEEKS, AND ADVISED HIM FOR THE REASON OF THE TRAFFIC STOP, WHICH WAS AN INOPERABLE TAG LIGHT. I THEN ASKED THE DEFENDANT IF HE THREW ANY ITEMS OUT THE WINDOW, TO WHICH HE ADVISED HE DID. I THEN READ THE DEFENDANT HIS MIRANDA RIGHTS, VIA AN AGENCY ISSUED PREPRINTED CARD, AT WHICH TIME HE STATED HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH ME. I QUESTIONED THE DEFENDANT ABOUT THE WHITE POWDERY SUBSTANCE THAT WAS INSIDE THE CLEAR PLASTIC CONTAINER, WHICH THE DEFENDANT ADVISED WAS COCAINE. THE WHITE POWDERY SUBSTANCE WAS LATER FIELD TESTED WITH AN AGENCY ISSUED TEST KIT AND TESTED POSITIVE FOR THE PRESENCE OF COCAINE. THE COCAINE WAS LATER WEIGHED AND YIELDED A WEIGHT OF 0.05 GRAMS. THE DEFENDANT WAS THEN REMOVED FROM THE VEHICLE AND DETAINED FOR MY SAFETY. I SEARCHED THE DEFENDANT FOR ADDITIONAL CONTRABAND, WHICH YIELDED NEGATIVE RESULTS. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND REMAINED IN THE IMMEDIATE AREA THROUGHOUT THE INVESTIGATION. K-9 DEPUTY LABORDA AND DEPUTY SUNDBERG ARRIVED ON SCENE TO ASSIST WITH MY INVESTIGATION. K-9 DEPUTY LABORDA WALKED K-9 GUNNY AROUND THE VEHICLE, AT WHICH TIME HE ALERTED. THE DRIVER, MR WEEKS, WAS THEN ASKED TO STEP OUT OF THE VEHICLE. SEE K-9 DEPUTY LABORDAâS SUPPLEMENT FOR FURTHER. DEPUTY SUNDBERG THEN CONDUCTED A SEARCH OF THE VEHICLE, WHERE MR WEEKS REMAINED IN THE IMMEDIATE AREA. DEPUTY SUNDBERG LOCATED A MULTI-COLORED SMOKING PIPE AND A ROUND YELLOW PILL WITH THE MARKINGS âC230,â ON THE PASSENGER SEAT WHERE THE DEFENDANT HAD BEEN SITTING. SEE DEPUTY SUNDBERGâS SUPPLEMENT FOR FURTHER. THE ROUND YELLOW PILL WITH THE MARKINGS âC230â WAS LATER IDENTIFIED THROUGH DRUGS.COM AS ACETAMINOPHEN/OXYCODONE/HYDROCHLORIDE, 10 MG, which IS A SCHEDULE II DRUG. WHEN QUESTIONED ABOUT THE CONTRABAND, THE DEFENDANT ADVISED THAT HE DID HAVE ALL OF THE CONTRABAND IN HIS POSSESSION IN AN ATTEMPT TO DISCARD IT OUT THE WINDOW AT THE REQUEST OF MR WEEKS. WHEN QUESTIONED ABOUT THE ACCUSATION, MR WEEKS DENIED ANY KNOWLEDGE OF THE CONTRABAND FOUND ON THE PASSENGER SIDE SEAT OR OUTSIDE OF THE VEHICLE. ALL CONTRABAND WAS COLLECTED AND SUBMITTED TO EVIDENCE BY K-9 DEPUTY LABORDA. THE DEFENDANT WAS THEN ADVISED THAT HE WAS BEING PLACED UNDER ARREST FOR TWO COUNTS OF POSSESSION OF A CONTROLLED SUBSTANCE AND ONE COUNT OF DRUG PARAPHERNALIA. MR WEEKS WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER A1BU6LP, FOR AN INOPERABLE LICENSE PLATE LIGHT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING, WHERE HIS BOND WAS SET AT $5,000.00, PER THE BOND SCHEDULE. |