| Probable cause affidavit: |
SUBMITTED BY: BERGEN, JOHN 0519 (AR11120976) did knowingly, willfully and feloniously be in the actual or constructive possession of a controlled substance, to-wit: THE DEFENDANT DID HAVE A SYRINGE LOADED WITH A LIQUID MIXTURE CONTAINING OXYCODONE, IN violation of Florida Statute 893.13((1)(A)(1). DID UNLAWFULLY HAVE IN HER 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: THE DEFENDANT DID HAVE IN HER POSSESSION TWO NEEDLES, A PILL GRINDER AND A SPOON, IN VIOLATION OF FLORIDA STATE STATUTE, 893.147(1). ON 052611 MYSELF AND DEPUTY CRUZ WERE ON PATROL IN THE BEVERLY HILLS AREA, AT WHICH TIME WE OBSERVED A VEHICLE TURNING ONTO TYLER STREET AT A HIGH RATE OF SPEED. AT THAT TIME I GOT BEHIND THE VEHICLE AND PACED IT AT 40 MILES PER HOUR IN A 20 MILES PER HOUR ZONE. I THEN AFFECTED A TRAFFIC STOP ON THE VEHICLE WHERE IT THEN TURNED INTO THE DRIVEWAY LOCATED AT 27 TYLER STREET. UPON APPROACHING THE VEHICLE, DEPUTY CRUZ OBSERVED THE DRIVER PLACE SOMETHING IN HIS POCKET. THE DRIVER ADVISED DEPUTY CRUZ THAT HE DID NOT HAVE A VALID DRIVER'S LICENSE, AT WHICH TIME DEPUTY CRUZ ASKED THE DRIVER TO STEP FROM THE VEHICLE. THE DRIVER THEN ADVISED DEPUTY CRUZ THAT HE HAD A NEEDLE AND A SPOON IN HIS POCKET WHERE HE WAS THEN ARRESTED UNDER CASE NUMBER 11050979. DEPUTY BEHNEN RESPONDED TO THE TRAFFIC STOP AND WALKED CANINE JERRY LEE AROUND THE VEHICLE. AT THAT TIME JERRY LEE ALERTED TO THE ODOR OF NARCOTICS IN THE VEHICLE AND I ASKED THE OCCUPANTS TO EXIT THE VEHICLE. I THEN TIPPED THE FRONT SEAT FORWARD TO ASSIST THE REAR PASSENGER, BONNIE MAGARGAL, (DEFENDANT) EXIT. AT THAT TIME I LOOKED DOWN AND OBSERVED A NEEDLE WITH NO CAP ON IT AND FULL OF A CLEAR SUBSTANCE. ONCE THE DEFENDANT EXITED THE VEHICLE, I ASKED HER IF SHE HAD ANY CONTRABAND ON HER PERSON TO WHICH SHE STATED, NO. I THEN ASKED THE DEFENDANT IF SHE HAD ANY CONTRABAND IN HER PURSE, WHERE SHE STATED, "THERE IS A RIG IN MY RED BAG". I THEN LOOKED IN THE RED BAG WHERE I OBSERVED A PILL GRINDER, METAL SPOON and A HYPODERMIC NEEDLE. I THEN PLACED HANDCUFFS ON THE DEFENDANT AND READ HER MIRANDA WARNINGS. SHE STATED THAT SHE DID UNDERSTAND AND AGREED TO SPEAK WITH ME. AT THAT TIME I ASKED THE DEFENDANT WHAT WAS IN THE NEEDLE THAT WAS ON THE FLOOR OF the CAR, TO WHICH SHE STATED, "A LITTLE BIT OF A PILL AND MOSTLY WATER". I ASKED her WHEN SHE FILLED THE NEEDLE AND SHE JUST STATED, "EARLIER". I THEN ASKED HER IF SHE HAD A PRESCRIPTION FOR OXYCODONE AND SHE STATED, NO. I THEN HAD THE DEFENDANT TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY MULHADO. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE, AND ONE COUNT OF POSSESSION OF PARAPHERNALIA, FOR A TOTAL BOND OF $5,500.00 PER THE BOND SCHEDULE. ALL EVIDENCE WAS COLLECTED, PACKAGED AND LATER SUBMITTED TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE LOCKER. "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* |
