| Probable cause affidavit: |
SUBMITTED BY: BAIRD, MATTHEW 0624 (AR10117307) 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 DRIVE A MOTOR VEHICLE UPON A HIGHWAY IN THE STATE OF FLORIDA WITHOUT HAVING A VALID DRIVER'S LICENSE AUTHORIZING HIM TO DO SO, IN VIOLATION OF FLORIDA STATE STATUTE 322.03(1). ON 101010 AT APPROXIMATELY 1600 HOURS, I WAS CONDUCTING STATIONARY TRAFFIC ENFORCEMENT IN THE AREA OF PLEASANT GROVE ROAD AND DRUID ROAD, WHEN I OBSERVED A SILVER SUV TRAVELING AT A HIGH RATE OF SPEED, WHICH I ESTIMATED TO BE 55 TO 60 MILES PER HOUR (MPH). THE VEHICLE WAS TRAVELING SOUTHBOUND ON SOUTH PLEASANT GROVE ROAD IN A POSTED 35 MPH ZONE. AT THAT TIME, I ACTIVATED MY DASH MOUNTED RADAR AND OBSERVED A TARGET SPEED OF 60 MPH AND DID HEAR A CLEAR AND LOUD DOPPLER TONE. AT THAT TIME, I ACCELERATED AND ASSUMED A POSITION TO THE REAR OF THE SUSPECT VEHICLE AND ACTIVATED MY OVERHEAD EMERGENCY LIGHTS. AT THAT TIME, THE VEHICLE MADE AN ABRUPT LEFT HAND TURN INTO THE PARKING LOT OF THE FIRST BAPTIST CHURCH LOCATED AT 550 PLEASANT GROVE ROAD. THE VEHICLE CONTINUED AT A HIGH RATE OF SPEED COMING TO A STOP NEAR THE ENTRANCE TO THE CHURCH OFFICE, AT WHICH TIME, THE DEFENDANT, LATER IDENTIFIED AS MR BRYAN BOGGS, ABRUPTLY EXITED THE VEHICLE AND BEGAN TO MOVE TOWARDS THE DOORS TO THE CHURCH OFFICE. AT THAT TIME, I ISSUED VERBAL COMMANDS FOR MR BOGGS TO STOP AND MOVE TO MY LOCATION, TO WHICH HE COMPLIED. WHILE EN ROUTE TO MY LOCATION, MR BOGGS ADVISED THAT HE DID NOT HAVE A DRIVER'S LICENSE, AT WHICH TIME, HE WAS PLACED IN HANDCUFFS AND DETAINED PENDING FURTHER INVESTIGATION. AFTER MR BOGGS HAD BEEN PLACED IN THE REAR OF MY PATROL VEHICLE HE ADVISED THAT THE PASSENGER IN THE VEHICLE, LATER IDENTIFIED AS MR MICHAEL KROKOWSKI POSSIBLY HAD A WARRANT. AT THAT TIME, I CONTACTED DISPATCH AND ADVISED THEM OF THE TRAFFIC STOP ON A SILVER HUMMER H3 BEARING FLORIDA TAG NUMBER 838TST, AND REQUESTED BACKUP. WHILE WAITING FOR BACKUP I HAD MR KROKOWSKI EXIT THE VEHICLE, AT WHICH TIME, HE WAS PLACED IN HANDCUFFS AND DETAINED PENDING FURTHER INVESTIGATION. MR KROKOWSKI DID ADVISE THAT HE MAY POSSIBLY HAVE A WARRANT. AT THAT TIME, DEPUTY VENTIMIGLIA AND K-9 DEPUTY BEHNEN ARRIVED ON SCENE. SHORTLY AFTER, K-9 DEPUTY BEHNEN ADVISED THAT CANINE JERRY LEE HAD ALERTED ON THE VEHICLE, SEE K-9 SUPPLEMENT. A SUBSEQUENT SEARCH OF THE VEHICLE REVEALED A SMALL PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE, WHICH BASED ON MY TRAINING AND EXPERIENCE I RECOGNIZED AS MARIJUANA, LOCATED SLIGHTLY TO THE REAR OF THE DRIVER'S SEAT. I MADE CONTACT AGAIN WITH MR BOGGS AND ADVISED HIM OF THE RESULTS OF THE SEARCH. MR BOGGS STATED THAT IT WAS NOT HIS VEHICLE AND HE DID NOT KNOW WHAT WOULD BE IN THERE. I THEN MADE CONTACT WITH MR KROKOWSKI, IT WAS LATER DETERMINED HE DID NOT HAVE AN ACTIVE WARRANT. MR KROKOWSKI ADVISED THAT MR BOGGS HAD BEEN GIVING HIM A RIDE AND THAT THE MARIJUANA BELONGED TO MR BOGGS. MR KROKOWSKI FURTHER STATED THAT AS MR BOGGS HAD EXITED THE VEHICLE HE HAD ASKED HIM TO HIDE THE MARIJUANA WHICH HAD BEEN LOCATED IN THE CENTER CONSOL BETWEEN THE PASSENGER AND DRIVER'S SEAT. MR KROKOWSKI ADVISED THAT HE HAD INSTINCTIVELY GRABBED THE BAGGIE AND THROWN IT BEHIND THE DRIVER'S SEAT WHERE IT HAD LATER BEEN DISCOVERED. MR KROKOWSKI FILLED OUT A WRITTEN SWORN STATEMENT, WHICH WILL BE TURNED IN TO RECORDS. MR BOGGS, WAS NOT THE REGISTERED OWNER OF THE VEHICLE AND WAS UNABLE TO PROVIDE ME WITH HIS CONTACT INFORMATION. THE VEHICLE'S INFORMATION WAS CHECKED THROUGH FCIC/NCIC. AS OF THAT TIME IT HAD NOT BEEN LISTED AS STOLEN. I WAS UNABLE TO MAKE CONTACT WITH THE VEHICLE'S REGISTERED OWNER AND THE VEHICLE WAS LATER TOWED BY ADVANCED TOWING. MR BOGGS WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION (UTC) 3518GJX7, FOR UNLAWFUL SPEED 60 IN A 35 AND FLORIDA UTC 3519GJX8, FOR OPERATING A MOTOR VEHICLE WITH OUT A VALID DRIVER'S LICENSE. MR BOGGS WAS PLACED UNDER ARREST FOR POSSESSION OF MARIJUANA LESS THAN 20 GRAMS AND OPERATING A MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE. MR BOGGS WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE EN ROUTE TO THE DETENTION FACILITY MR BOGGS STATED TO THIS DEPUTY, "I'M NOT GOING TO LIE TO YOU." MR BOGGS WENT ON TO STATE THAT HE KNEW THE MARIJUANA WAS IN THE VEHICLE AND THAT IT HAD BEEN LOCATED IN THE CENTER CONSOLE. HE ADVISED ME THAT IT WAS LESS THAN 20 GRAMS. MR BOGGS ESTIMATED THE WEIGHT TO BE BETWEEN 16 AND 18 GRAMS. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY THE MARIJUANA WAS WEIGHED AND FOUND TO WEIGH 15.6 GRAMS. MR BOGGS WAS TURNED OVER TO DETENTION FACILITY STAFF FOR BOOKING AND PROCESSING AND HIS BOND WAS SET AT $750.00 PER THE BOND SCHEDULE. "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 YOU ARE HEARING OR VOICE IMPAIRED, CALL 711.” *NOT-EXEMPT* |
