| Probable cause affidavit: |
SUBMITTED BY: LABORDA, MICHAEL 0735 (AR16-18108) (16-13842) DID OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT HE HAD BEEN DIRECTED TO STOP SUCH VEHICLE BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER IN AN AUTHORIZED LAW ENFORCEMENT PATROL VEHICLE, WITH AGENCY INSIGNIA AND OTHER JURISDICTIONAL MARKINGS PROMINENTLY DISPLAYED ON the VEHICLE, WITH SIREN AND LIGHTS ACTIVATED, DID WILLFULLY REFUSE OR FAIL TO STOP SUCH VEHICLE IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(2); AND DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2). ON 013016 AT APPROXIMATELY 1853 HOURS, I WAS TRAVELING SOUTHBOUND ON HIGHWAY 19 IN THE AREA OF WEST YULEE DRIVE WHEN I OBSERVED A MOTORCYCLE TRAVELING NORTHBOUND THAT HAD BRIGHT BLUE NEON UNDER GLOW. I HAD PREVIOUS KNOWLEDGE THAT A MOTORCYCLE MATCHING THAT DESCRIPTION HAD RAN FROM DEPUTIES SEVERAL TIMES EARLIER IN the WEEK. I CONDUCTED A U-TURN and ATTEMPTED TO CATCH UP TO THE MOTORCYCLE. I WAS ABLE TO CATCH UP IN the AREA OF SOUTH SUNCOAST BOULEVARD AND WEST GREEN ACRES STREET, AT WHICH TIME the MOTORCYCLE PULLED INTO THE TURN LANE TO MAKE A LEFT HAND TURN ONTO WEST GREEN ACRES STREET. WHILE DIRECTLY BEHIND THE MOTORCYCLE, A RED AND WHITE SUZUKI HAYABUSA, I OBSERVED the LICENSE PLATE TO BE MOUNTED ON the RIGHT SIDE OF THE MOTORCYCLE AND IN SUCH A WAY THAT I WAS ONLY ABLE THE READ THE LAST TWO CHARACTERS OF the PLATE. AT that TIME, I ACTIVATED MY OVERHEAD EMERGENCY LIGHTS AND ATTEMPTED TO CONDUCT A TRAFFIC STOP IN THE TURN LANE BUT THE MOTORCYCLE CONTINUED AND MADE A LEFT HAND TURN ONTO WEST GREEN ACRES STREET. AS WE BEGAN TO TRAVEL ON WEST GREEN ACRES STREET I GAVE SEVERAL BURSTS FROM MY PATROL VEHICLE'S EMERGENCY HORN, AS WELL AS CHIRPED MY SIREN SEVERAL TIMES IN AN ATTEMPT TO GAIN THE DRIVER'S ATTENTION. AFTER DOING SO, the DRIVER TURNED AND LOOKED OVER HIS LEFT HAND SHOULDER BUT CONTINUED TO DRIVE ON WEST GREEN ACRES STREET AT APPROXIMATELY 45 MILES PER HOUR (MPH) IN A POSTED 35 MPH RESIDENTIAL ZONE. AFTER APPROXIMATELY 100 YARDS OF TRAVEL WITHOUT THE VEHICLE COMING TO A STOP, I ACTIVATED MY SIREN IN THE AREA OF SOUTH MORNINGSIDE TERRACE BUT THE MOTORCYCLE CONTINUED TO TRAVEL. I FOLLOWED the MOTORCYCLE AT APPROXIMATELY 45 MPH UNTIL WE REACHED the AREA OF WEST GREEN STREET AND SOUTH LEGEND DRIVE WHERE THE MOTORCYCLE BEGAN TO INCREASE SPEED TO APPROXIMATELY 55 TO 60 MPH. UPON REACHING WEST GREEN ACRES STREET AND SOUTH CANARY PALM TERRACE, THE MOTORCYCLE RAPIDLY INCREASED SPEED TO APPROXIMATELY 75 TO 80 MPH IN THE POSTED 35 MPH ZONE. THE MOTORCYCLE THEN MADE AN ABRUPT LEFT HAND TURN ONTO SOUTH CHRONABERRY POINT, WHICH IS A DEAD END DIRT ROAD. UPON CATCHING UP TO THE MOTORCYCLE, I OBSERVED THE DRIVER TO HAVE TO PUT his FOOT ON the GROUND TO AVOID LOSING CONTROL. THE DRIVER THEN CAME TO A STOP AND PUT BOTH HANDS IN the AIR. I EXITED MY PATROL VEHICLE, DREW MY AGENCY ISSUED FIREARM AND PLACED IT AT THE LOW READY POSITION. I GAVE the DRIVER VERBAL COMMANDS TO GET OFF the MOTORCYCLE AND TO GET ONTO THE GROUND. THE DRIVER GOT OFF HIS MOTORCYCLE AND REMOVED HIS HELMET WHERE I AGAIN GAVE HIM ANOTHER COMMAND TO GET ON the GROUND. the DRIVER COMPLIED AND WAS SECURED IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK. the DRIVER STATED "I DID NOT KNOW YOU WERE BEHIND ME." I ASKED THE DRIVER DID HE NOT SEE THE FLASHING LIGHTS AND HEAR THE SIREN BEHIND HIM. HE STATED THAT HE THOUGHT THE FLASHING LIGHTS WAS the UNDER GLOW ON HIS MOTORCYCLE. IT SHOULD BE NOTED THAT DURING the COURSE OF the PURSUIT, THE DEFENDANT LOOKED OVER HIS SHOULDER ON TWO SEPARATE OCCASIONS AND THE MOTORCYCLE WAS ALSO EQUIPPED WITH SIDE REVIEW MIRRORS ON BOTH SIDES. THE DRIVER WAS IDENTIFIED AS THE DEFENDANT, MR BRENT HALL. HE STATED that HE DID NOT HEAR MY SIREN because HE HAD HEADPHONES IN. I ASKED HIM IF HE HAD A VALID DRIVER'S LICENSE AND HE STATED NO IT WAS SUSPENDED. UPON RUNNING THE DRIVER OVER TELETYPE, TELETYPE ADVISED that HE DID IN FACT HAVE A SUSPENDED DRIVER'S LICENSE AS OF 083115 AND THAT HE ALSO HAD AN OPEN POLK COUNTY WARRANT FOR FAILURE TO REDELIVER LEASED PROPERTY. AT THAT TIME, I ADVISED THE DEFENDANT HE WAS UNDER ARREST. HE WAS SECURED IN THE BACK OF DEPUTY AGUILERA'S PATROL VEHICLE AND TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY BY DEPUTY AGUILERA. ADAM'S TOWING RESPONDED TO THE SCENE AND TOOK POSSESSION OF the MOTORCYCLE. A TOW SHEET WAS COMPLETED AND SUBMITTED TO RECORDS. I ISSUED THE DEFENDANT A FLORIDA UNIFORM TRAFFIC CITATION, NUMBER A1BUG5P, FOR KNOWINGLY DRIVING WHILE LICENSE SUSPENDED. I ALSO ISSUED HIM A FLORIDA UNIFORM TRAFFIC CITATION, NUMBER A1BUG6P, FOR FLEEING AND ELUDING. the DEFENDANT WAS ISSUED WRITTEN WARNING, NUMBER 395964B, FOR HIS OBSCURED LICENSE PLATE, AS WELL AS WRITTEN WARNING NUMBER 395965B, FOR CARELESS DRIVING. the DEFENDANT'S BOND WAS SET AT A TOTAL OF $2,500.00 PER the BOND SCHEDULE. IT SHOULD BE NOTED THAT WHILE EN ROUTE TO the DETENTION FACILITY, THE DEFENDANT MADE SPONTANEOUS UTTERANCES ACKNOWLEDGING THE FACT HE RAN FROM LAW ENFORCEMENT. SEE DEPUTY AGUILERA'S SUPPLEMENT FOR FURTHER. |
