| Probable cause affidavit: |
SUBMITTED BY: BONURA, MATT 0334 (AR08104489) did CARRY A CONCEALED FIREARM ON OR ABOUT HIS PERSON, to wit: A 22 CALIBER REVOLVER, in violation of Florida Statute 790.01(2); AND DID 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); 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: A MARIJUANA SMOKING PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B). ON 080108 AT APPROXIMATELY 2330 HOURS, I WAS DISPATCHED TO HOWARD'S FLEA MARKET IN REFERENCE TO A SUSPICIOUS VEHICLE DRIVING AROUND ON THE PROPERTY. UPON ARRIVAL , I MADE CONTACT WITH THE COMPLAINANT, WHO IS THE SECURITY GUARD FOR THAT BUSINESS. THE GUARD ADVISED THAT THERE WAS A VEHICLE DRIVING AROUND THE PROPERTY. HE HAD LAST SEEN IT ON THE REAR NORTH SIDE OF THE PROPERTY, A WOODED AREA. HE THEN TOOK ME OVER TO THIS PLACE. I ADVISED HIM THAT I WOULD DRIVE DOWN INTO THE WOODED AREAS TO SEE IF I COULD LOCATE THE SUBJECTS. THE COMPLAINANT POINTED OUT A TRAIL THAT WOULD LEAD ME OVER TO THE SECTION OF THE PROPERTY WHERE THE VEHICLE WAS LAST SEEN. AT THAT TIME I PROCEEDED INTO THE WOODED AREA, WHERE I CAME ACROSS A BLUE IN COLOR JEEP CHEROKEE WITH TWO OCCUPANTS. I OBSERVED A BEER CAN ON THE ROOF OF THE VEHICLE. AS I APPROACHED, I POSITIONED MYSELF BEHIND THE DRIVER'S SIDE DOOR OF THIS VEHICLE. I THEN MADE CONTACT WITH THE DRIVER AND IDENTIFIED MYSELF AS A DEPUTY WITH THE CITRUS COUNTY SHERIFF'S OFFICE. WHILE SPEAKING WITH THE DRIVER, I DETECTED A STRONG ODOR OF ALCOHOL AND AN ODOR OF MARIJUANA. AS I DID A QUICK LOOK TO THE FLOORBOARD BEHIND THE DRIVER TO SEE IF THERE WERE ANY OPEN CONTAINERS OF ALCOHOL, I OBSERVED WHAT APPEARED TO BE THE BUTT OF A HANDGUN SHOVED UP UNDERNEATH THE FRONT DRIVER'S SEAT. AT THAT TIME, I HAD THE DRIVER EXIT THE VEHICLE. I SECURED HIM IN HANDCUFFS AND CONDUCTED A PAT-DOWN ON HIM. I THEN REQUESTED BACKUP FROM DISPATCH. SHORTLY THEREAFTER, DEPUTY BOBBY LAMBERT ARRIVED ON SCENE. I THEN HAD THE FEMALE PASSENGER EXIT THE VEHICLE. I PLACED HANDCUFFS ON HER AND HAD HER TAKE A SEAT AT THE FRONT OF MY PATROL VEHICLE. I THEN RETRIEVED THE HANDGUN FROM UNDERNEATH THE DRIVER'S SEAT. THE GUN WAS NOT IN A HOLSTER. I CLEARED THE HANDGUN AND REMOVED FIVE ROUNDS AND TWO SPENT SHELL CASINGS. THE HANDGUN WAS THEN TURNED OVER TO DEPUTY LAMBERT, WHO SECURED IT IN HIS VEHICLE. DEPUTY LAMBERT AND I THEN CONTINUED A SEARCH OF THE DEFENDANT'S VEHICLE, WHICH REVEALED LYING OPENLY AND IN CLEAR VIEW A CLEAR PLASTIC BAGGIE THAT HAD BEEN SHOVED PARTIALLY IN THE EMERGENCY BRAKE SHIFT LEVER. THE BAG CONTAINED A GREEN LEAFY SUBSTANCE THAT, BASE ON MY TRAINING AND EXPERIENCE, I DETERMINED TO BE MARIJUANA. I ESTIMATED THE QUANTITY TO BE APPROXIMATELY ONE GRAM. AT THAT TIME, DEPUTY LAMBERT ALSO TOOK POSSESSION OF THE SUBSTANCE. A FURTHER SEARCH OF THE VEHICLE REVEALED A HOLSTER FOR THE REVOLVER WHICH WAS LOCATED ON THE FLOORBOARD BEHIND THE FRONT PASSENGER'S SEAT. AS I RETRIEVED THE HOLSTER, A MARIJUANA SMOKING PIPE FELL OUT OF IT, THIS, TOO, WAS TURNED OVER TO DEPUTY LAMBERT SO THAT ALL ITEMS COULD BE TRANSPORTED TO THE CITRUS COUNTY EVIDENCE LOCKER. AT THAT TIME, I INFORMED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF A CONCEALED WEAPON, POSSESSION OF MARIJUANA, AND POSSESSION OF DRUG PARAPHERNALIA. I THEN ASKED THE DEFENDANT'S PASSENGER IF SHE KNEW THAT THERE WAS MARIJUANA AND DRUG PARAPHERNALIA IN THE VEHICLE. AT THAT TIME THE DEFENDANT SPOKE UP AND SPONTANEOUSLY STATED THAT "ALL THE STUFF" IN THE VEHICLE WAS HIS AND THAT SHE DID NOT KNOW ANYTHING ABOUT IT. AT THAT TIME I SECURED THE DEFENDANT IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED HIM TO THE CITRUS COUNTY DETENTION FACILITY WHERE UPON ARRIVAL HE WAS CHARGED WITH ONE COUNT OF POSSESSION OF A CONCEALED WEAPON, ONE COUNT OF POSSESSION OF MARIJUANA UNDER 20 GRAMS, AND ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA, WITH A TOTAL BOND OF $2,000.00. *NOT-EXEMPT* |
