| Probable cause affidavit: |
SUBMITTED BY: LAMBERT, BOBBY 0480 (AR10116795) 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). ON 091210 AT APPROXIMATELY 0300 HOURS, I WAS TRAVELING NORTH ON NORTH FLORIDA AVENUE IN THE AREA OF EAST WYOMING LANE WHEN I OBSERVED AN ON-COMING VEHICLE THAT APPEARED TO BE SWERVING IN AND OUT OF ITS LANE, TRAVELING SOUTH ON NORTH FLORIDA AVENUE. WHEN THE VEHICLE PASSED, I OBSERVED IT TO BE A RED SPORT UTILITY VEHICLE BEARING FLORIDA TAG 376-YVS. I TURNED AROUND ON THIS VEHICLE AND OBSERVED THAT THE TAG WAS EXPIRED AS OF 081010. I CONDUCTED A TRAFFIC STOP ON THIS VEHICLE AT NORTH FLORIDA AVENUE AND SPORTSMAN POINT. CONTACT WAS MADE WITH THE DRIVER, AT WHICH POINT I OBSERVED THE DEFENDANT, LATER IDENTIFIED AS MR BRANDON WAYNE GOINES, IN THE REAR SEAT OF THE VEHICLE. I OBSERVED THAT THE DEFENDANT WAS MOVING AROUND ERRATICALLY IN THE REAR SEAT. I ASKED THE DRIVER TO ROLL DOWN THE REAR WINDOW SO I COULD MAKE CONTACT WITH THE DEFENDANT, TO WHICH THE DRIVER COMPLIED. I NOTICED THAT THE DEFENDANT WAS IMPAIRED DUE TO HIS SLURRED SPEECH AND BLOODSHOT EYES AND THE FACT THAT HE WAS UNABLE TO SIT UP STRAIGHT IN THE REAR SEAT OF THE VEHICLE. THE DEFENDANT GOT AN ATTITUDE WITH ME, STATING "WHAT'S YOUR PROBLEM" AND USED A LARGE AMOUNT OF PROFANITY. I REQUESTED THE DEFENDANT'S IDENTIFICATION AND HE HANDED ME HIS FLORIDA DRIVER'S LICENSE. I ALSO NOTED THAT THERE WAS A FEMALE PASSENGER IN the FRONT OF THE VEHICLE WHO WAS ALSO IMPAIRED BECAUSE SHE WAS VOMITING A LARGE AMOUNT OF ALCOHOL OUT THE WINDOW. I RETURNED TO MY PATROL VEHICLE TO CHECK THE STATUS OF THE DRIVER AND TO CHECK FOR WANTS AND WARRANTS ON THE ALL OF THE OCCUPANTS. I ALSO VERIFIED THAT THE VEHICLE'S REGISTRATION WAS EXPIRED AS OF 081010, AT WHICH TIME I COMPLETED A UNIFORM TRAFFIC CITATION FOR THE EXPIRED TAG. NEXT, I MADE CONTACT WITH THE DRIVER AND ISSUED HIM THE CITATION. I Also observed that the driver had been drinking AN alcoholic beverage. AT THIS POINT, I WAS INVESTIGATING THE DRIVER'S IMPAIRMENT WHEN CANINE DEPUTY BEHNEN ARRIVED ON SCENE. CANINE DEPUTY BEHNEN DEPLOYED CANINE JERRY LEE ON THE VEHICLE AND ADVISED THAT CANINE JERRY LEE HAD ALERTED TO SOME KIND OF NARCOTICS BEING INSIDE OF THE VEHICLE. DEPUTY CALLAHAN, WHO ARRIVED ON SCENE TO ASSIST ME, CONDUCTED A SEARCH OF THE VEHICLE. DEPUTY CALLAHAN ADVISED HE LOCATED A CLEAR SANDWICH BAGGIE WHICH CONTAINED APPROXIMATELY TWO GRAMS OF A GREEN LEAFY SUBJECT WHICH WAS IDENTIFIED AS CANNABIS. DEPUTY CALLAHAN INFORMED ME THAT THE CANNABIS WAS LOCATED ON THE REAR PASSENGER FLOORBOARD DIRECTLY IN FRONT OF THE DEFENDANT. AT THAT TIME, THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA A PRE-PRINTED AGENCY CARD, TO WHICH HE STATED HE UNDERSTOOD HIS RIGHTS AND DECLINED TO SPEAK WITH ME. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN the REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THEN CITRUS COUNTY DETENTION FACILITY. WHILE EN ROUTE TO THE DETENTION FACILITY, THE DEFENDANT WAS BEING VERY BELLIGERENT, SHOUTING OBSCENITIES. THE DEFENDANT made THE STATEMENT THAT HE DID SMOKE SOME OF 'THE WEED,' THAT WAS ON THE FLOORBOARD, THAT EVENING BUT 'THE WEED' WAS NOT HIS. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS TURNED OVER TO THE DETENTION FACILITY STAFF FOR FURTHER PROCESSING. HIS BOND WAS SET AT $500.00, IN ACCORDANCE WITH THE BOND SCHEDULE. "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* |
