| Probable cause affidavit: |
SUBMITTED BY: LYNN, KURT 0349 (AR07004051) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN THE AMOUNT OF TWENTY GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13.6.B. AND 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: MARIJUANA, SAID OBJECT BEING TWO GLASS PIPES, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1). ON 072207 AT APPROXIMATELY 0856 HOURS, I OBSERVED A SILVER PICKUP TRAVELING WEST ON COUNTY ROAD 486 BETWEEN US HIGHWAY 41 AND CROFT AVENUE. I DETERMINED THE VEHICLE WAS TRAVELING AT A SPEED FASTER THAN THE POSTED 35 MILES PER HOUR (MPH) SPEED LIMIT. I ACTIVATED MY RADAR AND RECEIVED AN AUDIO DOPPLER TONE INDICATING THE VEHICLE WAS DOING 51 MPH IN A POSED 35 MPH SPEED ZONE. I PERFORMED A TRAFFIC STOP ON THE VEHICLE, TO WHICH THE VEHICLE PULLED INTO THE EMPTY LOT LOCATED ON CROFT AVENUE AT CR 486. UPON OBTAINING THE DRIVER'S LICENSE AND REGISTRATION, THE DRIVER WAS ASKED IF THERE WERE ANY ITEMS PRESENTLY IN THE VEHICLE, SUCH AS GUNS, KNIVES OR DRUGS, TO WHICH HE STATED NO. I THEN ASKED IF IT WOULD BE PERMISSIBLE LATER ON IN THE TRAFFIC STOP TO SEARCH THE VEHICLE, TO WHICH HE REPLIED, "I REALLY DON'T SEE A NEED FOR YOU TO DO THAT." I WENT BACK TO MY PATROL VEHICLE AND RAN THE SUBJECT'S DRIVER'S LICENSE AND REGISTRATION AND WROTE OUT TWO CITATIONS, ONE FOR TRAVELING 51 MPH IN A POSTED 35 MPH SPEED ZONE AND ONE FOR FAILURE TO CHANGE ADDRESS ON HIS DRIVER'S LICENSE. I ALSO RECEIVED A POSITIVE INDICATION THE SUBJECT HAD AN OUTSTANDING GEORGIA WARRANT OUT OF DOOLEY COUNTY GEORGIA FOR FAILURE TO APPEAR, GEORGIA EXTRADITION ONLY. CANINE DEPUTY PRICE WAS ALSO CALLED OUT TO THE SCENE, DUE TO THE SUBJECTS NEGATIVE RESPONSE IN REFERENCE TO CONDUCTING A DRUG SEARCH. CANINE DEPUTY PRICE ARRIVED ON SCENE, SPOKE WITH THE DRIVER AND THEN WALKED CANINE KONG AROUND THE VEHICLE AND RECEIVED A POSITIVE RESPONSE. AT THAT TIME, MR CORNWELL WAS ASKED TO STEP OUTSIDE HIS VEHICLE AND AGAIN WAS ASKED IF HE HAD ANYTHING IN THE VEHICLE, TO WHICH HE STATED NO. AT THAT TIME, I SPOKE WITH MR CORNWELL WHILE DEPUTY PRICE SEARCHED THE VEHICLE. IN THE CENTER CONSOLE OF THE VEHICLE HE LOCATED TWO GLASS PIPES WITH BURN MARIJUANA RESIDUE AND BEHIND THE DRIVER'S SEAT IN PLAIN VIEW ON THE FLOORBOARD WAS A BAGGIE CONTAINING ONE MARIJUANA BUD. THE ITEMS WERE REMOVED FROM THE TRUCK. THE MARIJUANA WAS WEIGHED AND WEIGHED APPROXIMATELY TWO GRAMS. IT WAS TAKEN AS EVIDENCE AND A PROPERTY RECEIPT WAS COMPLETED AND ISSUED TO THE DEFENDANT. MR CORNWELL WAS TOLD HE WAS BEING ARRESTED FOR POSSESSION OF MARIJUANA UNDER 20 GRAMS AND POSSESSION OF DRUG PARAPHERNALIA. HE WAS READ HIS MIRANDA RIGHTS AND PLACED IN HAND RESTRAINTS DOUBLE LOCKED AND PLACED IN THE REAR OF MY PATROL VEHICLE. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. HIS BOND WAS SET PER THE BOND SCHEDULE. THE DEFENDANT'S VEHICLE WAS LATER PICKED UP BY A FRIEND, PER THE DEFENDANT'S REQUESTS. *NOT-EXEMPT* |
