| Probable cause affidavit: |
SUBMITTED BY: BERRIOS, JUAN 0514 (AR10116877) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: EIGHT UN-PRESCRIBED PILLS (SEVEN ROXIES AND ONE XANAX), IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); AND did, knowing HIS driver's 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 Statute 322.34(2)(a); AND DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY BERRIOS, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT FLED DURING A TRAFFIC STOP, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 091710 AT APPROXIMATELY 0410 HOURS, I WAS PATROLLING THE BEVERLY HILLS AREA WHEN I NOTICED A BEIGE COLORED NISSAN SENTRA BEARING FLORIDA TAG 138WVV, DRIVING SOUTHBOUND ON TAFT STREET. I NOTICED THE DEFENDANT WAS DRIVING THE VEHICLE. I WAS FAMILIAR WITH THE DEFENDANT AND HIS DRIVING HISTORY. I ALSO KNEW HE HAD A SUSPENDED DRIVER'S LICENSE. I IMMEDIATELY CONDUCTED A DRIVER'S LICENSE CHECK WHICH CONFIRMED that the DEFENDANT'S DRIVER'S LICENSE WAS SUSPENDED SINCE MAY 2610, FOR FAILURE TO PAY. I THEN CONDUCTED A TRAFFIC STOP AT TAFT AND BARBOUR STREET ON THE VEHICLE. THE DEFENDANT PARTIALLY STOPPED IN A DRIVEWAY, EXITED THE VEHICLE AND BEGAN RUNNING SOUTHBOUND TOWARDS ADAMS STREET. I BEGAN RUNNING AFTER HIM AND WAS ABLE TO CATCH UP AT ADAMS AND PLAZA STREET. I ORDERED THE DEFENDANT TO STOP, BUT HE CONTINUED RUNNING. AT THAT TIME, I DREW MY TASER POINTED THE RED DOT AT THE DEFENDANT'S BACK AND PULLED THE TRIGGER. BOTH PRONGS MADE CONTACT WITH THE DEFENDANT AT HIS LOWER BACK. HE IMMEDIATELY FELL TO THE GROUND AND ONCE THE FIVE SECOND CYCLE WAS DONE THE DEFENDANT COMPLIED WITH EVERY ORDER GIVEN. I THEN HANDCUFFED THE DEFENDANT AND WALKED HIM BACK TO MY VEHICLE. PRIOR TO THE TRAFFIC STOP, I DID NOTICE A FEMALE FRONT PASSENGER IN THE VEHICLE. SHE HAD FLED THE SCENE DURING THE FOOT PURSUIT. I SECURED THE DEFENDANT IN THE BACK OF MY PATROL VEHICLE AND CONTACTED SCALLY'S TOW TO HAVE THE VEHICLE REMOVED. DURING AN INVENTORY OF THE VEHICLE, I LOCATED SEVEN ROXIE PILLS AND ONE PARTIAL XANAX PILL ON THE DRIVER'S SIDE FLOOR. THE TYPE OF PILLS WAS CONFIRMED THROUGH POISON CONTROL VIA THEIR 1-800 NUMBER. POST MIRANDA VIA PREPRINTED CARD, I ASKED THE DEFENDANT WHY HE RAN. HE SAID HE KNEW HIS LICENSE WAS SUSPENDED. I THEN ASKED HIM ABOUT THE PILLS AND HE SAID THEY WERE NOT HIS. I ASKED HIM IF HE KNEW WHO THE FEMALE PASSENGER WAS AND HE WAS NOT SURE OF HER NAME, BUT HE HAD JUST MET HER. I DID NOTICE THE DEFENDANT HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH. HE HAD BLOODSHOT EYES AND SLURRED speech. I EXPLAINED TO THE DEFENDANT WHY HE WAS BEING ARRESTED AND THEN TRANSPORTED HIM TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. PRIOR TO DEPARTING THE SCENE, THE REGISTERED OWNER OF THE BEIGE NISSAN ARRIVED, AT WHICH TIME, THE VEHICLE WAS RELEASED TO HIM. THE DEFENDANT WAS GIVEN CITATION NUMBER 3835GJX6, FOR DRIVING WHILE LICENSE SUSPENDED WITH A MANDATORY COURT APPEARANCE OF 100710 AT 1300 HOURS. THE PILLS WERE LATER TURNED IN TO EVIDENCE. "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* |
