Probable cause affidavit: |
SUBMITTED BY: RUBY, SAMUEL (AR17-22796) (17-28129) DID UNLAWFULLY HAVE IN HIS/HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: APPROXIMATELY 17 GRAMS OF MDMA (ECSTASY), IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN HIS/HER 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: METAL SPOON which TESTED POSITIVE FOR METHAMPHETAMINE; IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 022417, I RESPONDED WITH STATE PROBATION OFFICER, TRAVIS BYRD, TO THE SUNCOAST MOBILE HOME PARK LOCATED AT 130 SOUTH SUNCOAST BOULEVARD, LOT 39, IN CRYSTAL RIVER, IN REFERENCE TO A PROBATION SEARCH. I WAS ADVISED BY OFFICER BYRD THAT THE DEFENDANT, MR BRIAN POTTER, HAD PREVIOUSLY TESTED POSITIVE DURING A URINALYSIS FOR METHAMPHETAMINE AND METHYLENEDIOXY-METHAMPHETAMINE (mdma), COMMONLY KNOWN AS ECSTASY. I WAS ADVISED THAT THE DEFENDANT WAS ALSO A VIOLENT FELONY OFFENDER AND IS CURRENTLY ON PROBATION FOR AGGRAVATED ASSAULT WITH A WEAPON. UPON ARRIVAL TO THE RESIDENCE, CONTACT WAS MADE WITH THE DEFENDANT BY OFFICER BYRD. THE DEFENDANT WAS DETAINED AND HANDCUFFED, BEHIND THE BACK, BY OFFICER BYRD AND WAS ADVISED THAT A SEARCH WOULD BE CONDUCTED OF THE RESIDENCE IN AN ATTEMPT TO LOCATE ANY CONTRABAND THAT THE DEFENDANT MAY HAVE. DURING A SEARCH OF THE DEFENDANTâS BEDROOM, IN A TOP DRAWER OF A DRESSER, OFFICER BYRD LOCATED A METAL SPOON AND SYRINGE CAP. UPON TESTING THE METAL SPOON, IT YIELDED A POSITIVE RESULT FOR METHAMPHETAMINE. ALSO WHILE SEARCHING the RESIDENCE, A WHITE PRIORITY MAIL ENVELOPE ADDRESSED TO THE DEFENDANT WAS LOCATED. THE DEFENDANT WAS ASKED IF HE KNEW WHAT MIGHT BE INSIDE OF the ENVELOPE, TO which HE STATED NO. THE DEFENDANT WAS ASKED IF HE WOULD OPEN THE ENVELOPE TO OBSERVE ITS CONTENTS, TO which HE REPLIED NO. the DEFENDANTâS FATHER ASKED THE DEFENDANT IF HE WOULD COMPLY WITH OUR REQUEST TO OPEN THE ENVELOPE, TO which THE DEFENDANT STATED THAT HE DID NOT CARE IF WE OPENED THE ENVELOPE. UPON OPENING SAID ENVELOPE, WE OBSERVED A GREETING CARD WITH HEARTS. ON THE INSIDE OF THE GREETING CARD WAS A CLEAR, VACUUMED SEALED PACKAGE CONTAINING A POWDERY SUBSTANCE. THE POWDERY SUBSTANCE WAS TESTED BY DEPUTY SLINGERLAND 0443 USING FIRST DEFENDER RMX, ALSO KNOWN AS AHURA CHEMICAL IDENTIFIER. THIS DEVICE SHOWED THAT THE SUBSTANCE WAS 66 PERCENT MDMA HYDROCHLORIDE AND 3 PERCENT TEREPHTHALIC ACID. THE TESTING DEVICE WAS ONLY ABLE TO IDENTIFY 69 PERCENT OF THE SUBSTANCE. ALSO LOCATED IN THE RESIDENCE, UNDERNEATH A DRAWER IN THE KITCHEN, WAS A CLEAR GLASS BOTTLE CONTAINING AN OILY SUBSTANCE. I ASKED THE DEFENDANT WHAT THE SUBSTANCE WAS, TO WHICH HE ADVISED THAT THE SUBSTANCE WAS TESTOSTERONE. I ADVISED THE DEFENDANT THAT TESTOSTERONE WAS PRESCRIPTION ONLY AND ASKED IF HE HAD SEEN A DOCTOR IN ORDER TO USE THIS SUBSTANCE, TO which HE REPLIED NO. I ASKED THE DEFENDANT HOW HE RECEIVED THIS SUBSTANCE. THE DEFENDANT ADVISED THAT HE ORDERED IT. WHEN ASKED HOW HE ORDERED IT, THE DEFENDANT DID NOT COMMENT. ALL ITEMS WERE COLLECTED BY THIS DETECTIVE, INCLUDING THE PACKAGING FROM THE MDMA, AND WAS TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DEPARTMENT. THE DEFENDANT WAS TRANSPORTED BY MEMBERS OF THE TACTICAL IMPACT UNIT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $5,000.00 FOR POSSESSION OF A CONTROLLED SUBSTANCE AND $1,000.00 FOR POSSESSION OF DRUG PARAPHERNALIA, FOR A TOTAL BOND OF $6,000.00, PER THE BOND SCHEDULE. |