| Probable cause affidavit: |
SUBMITTED BY: DOWLING, THOMAS 0709 (AR10118281) A PERSON WHO KNOWINGLY USES INTIMIDATION OR PHYSICAL FORCE OR THREATENS ANOTHER PERSON OR ATTEMPTS TO DO SO OR ENGAGES IN MISLEADING CONDUCT TOWARDS ANOTHER PERSON, ALTERS, DESTROYS, MUTILATES OR CONCEALS AN OBJECT WITH THE INTENT TO IMPAIR THE INTEGRITY OR THE AVAILABILITY OF THE OBJECT FOR USE IN AN OFFICIAL INVESTIGATION OR OFFICE PROCEEDING, TO WIT: HID THE SCALE UNDER THE VAN, IN VIOLATION OF FLORIDA'S STATE STATUTE NUMBER 914.22. DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: XANAX, IN VIOLATION OF FLORIDA'S 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 GREY IN COLOR SCALE COLORED WITH A BLACK COLORED MARKER AND WITH MARIJUANA RESIDUE ON IT AND A RED IN COLOR 3" STRAW COVERED IN A WHITE POWDERY SUBSTANCE ON THE INSIDE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1)(B). ON 120810 AT APPROXIMATELY 1703 HOURS, WHILE ON PATROL IN MY ZONE, I OBSERVED FOUR SUBJECTS SITTING AROUND A BLUE VAN AT THE ADDRESS OF 5968 SOUTH HILLTOP ROAD IN HOMOSASSA. AS I PULLED INTO THE DRIVEWAY AT THAT LOCATION, I NOTICED A SUSPECT LATER IDENTIFIED AS MR BRANDON POOL ON THE OPPOSITE SIDE OF THE VAN, LAY ON THE GROUND AND REACH UNDER THE FRONT RIGHT TIRE AND THEN STAND UP. AS I APPROACHED, THE SUSPECT CAME AROUND THE VAN AND CONFRONTED ME. I ASKED MR POOL WHAT HE WAS DOING UNDER THE VAN AND IF HE HAD PUT ANYTHING UNDER THERE, TO WHICH HE ADVISED "AH MAN, IT'S A SCALE". I ASKED WHY HE PUT IT UNDER THERE, TO WHICH HE STATED "I WAS GOING TO SELL IT FOR $20.00 AND I DID NOT WANT TO GO TO JAIL". I THEN ASKED MR POOL IF HE HAD ANY WEAPONS, KNIVES OR NARCOTICS ON HIS POSSESSION, TO WHICH HE STATED "NO, YOU CAN CHECK". WHILE PATTING DOWN MR POOL, I FELT A SHORT ROUND OBJECT WHICH FELT LIKE A STRAW, WHICH MR POOL PULLED OUT OF HIS POCKET. I OBSERVED THIS RED IN COLOR APPROXIMATELY 3" STRAW COATED ON THE INSIDE WITH A WHITE POWDERY SUBSTANCE. WHEN I ASKED MR POOL WHAT THE SUBSTANCE WAS, HE STATED "XANAX, THAT I SNORTED A COUPLE OF DAYS AGO". MR POOL WAS THEN ASKED IF HE HAD A PRESCRIPTION FOR THE XANAX, TO WHICH HE STATED "NO, I DO NOT". AFTER RECEIVING THE SCALE, I THEN USED AN AGENCY ISSUED DRUG TESTING KIT FOR CANNABIS AND ON THE INSIDE OF THE SCALE, BOTH RESIDUE ON THE INSIDE OF THE CAP AND ON THE SCALE ITSELF TESTED POSITIVE FOR CANNABIS. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $10,500.00, PER THE BOND SCHEDULE. BOTH THE SCALE AND THE STRAW WERE PLACED INTO EVIDENCE WITH THE PROPER RECEIPTS COMPLETED AND TURNED IN. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
