| Probable cause affidavit: |
SUBMITTED BY: SMITH, STEVE 0292 (AR08106611) 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 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: CANNABIS COMMONLY REFERRED TO AS MARIJUANA, SAID OBJECT BEING A GLASS CIGARETTE UTILIZED AS A MARIJUANA PIPE AND A CRACK PIPE, SHE ALSO HAD APPROXIMATELY SIX GRAMS OF MARIJUANA IN HER POSSESSION, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1). ON 120808, WHILE TRAVELING DOWN VENABLE towardS US HIGHWAY 19, I OBSERVED A RED AND WHITE FORD RANGER, TRAVELING NORTHBOUND ON HIGHWAY 19 WHICH DID NOT HAVE A LICENSE PLATE ON IT. AS I WAS COMING UP BEHIND THE VEHICLE IT MADE AN IMMEDIATE LEFT HAND TURN ACROSS SOUTHBOUND TRAFFIC, INTO A SMALL PARKING LOT. AT THAT TIME I CONDUCTED A TRAFFIC STOP ON the VEHICLE UPON MAKING CONTACT with THE DRIVER/DEFENDANT MARK FITZGERALD, AND PASSENGER/DEFENDANT BUNNY OLIVER, BOTH PARTIES WERE EXTREMELY NERVOUS, AND IT should BE NOTED that THIS DEPUTY SMELLED A STRONG ODOR OF MARIJUANA EMITTING FROM THE INTERIOR OF THE VEHICLE. I ASKED DEFENDANT FITZGERALD FOR HIS DRIVER'S LICENSE AND VEHICLE REGISTRATION, AT WHICH TIME HE ASKED DEFENDANT OLIVER TO OPEN THE GLOVE BOX, WHICH SHE DID NOT want TO DO. DEFENDANT FITZGERALD HAD TO ASK HER AGAIN, AT which TIME she OPENED the GLOVE BOX APPROXIMATELY AN INCH AND CLOSED IT IMMEDIATELY, AND STATED THAT THERE WAS NO REGISTRATION IN THERE. I AGAIN ASKED DEFENDANT FITZGERALD IF HE HAD HIS DRIVER'S LICENSE, AND HE HANDED ME A FLORIDA IDENTIFICATION CARD. I THEN ASKED DEFENDANT FITZGERALD IF HIS DRIVER'S LICENSE WAS SUSPENDED, AND HE ADVISED THAT HE HAD A LICENSE OUT OF WEST VIRGINIA and IT WAS SUSPENDED. AT this TIME, I ASKED DEFENDANT FITZGERALD TO STEP FROM the VEHICLE AND PLACE HIS HANDS ON THE ROOF OF THE TRUCK. AT that TIME, HE WAS SEARCHED, AND LOCATED IN HIS REAR POCKET WAS A SMALL PIECE OF RUBBER PIPE FASHIONED INTO A MARIJUANA PIPE. HE WAS HANDCUFFED (DOUBLE-LOCKED) and SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. BACK UP ARRIVED, AND DEFENDANT OLIVER WAS REMOVED FROM THE VEHICLE. DEFENDANT OLIVER ADVISED THAT SHE DID NOT HAVE ANYTHING ON HER PERSON. A FEMALE DEPUTY RESPONDED TO THE SCENE AND PATTED HER DOWN, AND MET WITH NEGATIVE RESULTS FOR FINDING ANY CONTRABAND. this DEPUTY SEARCHED THE VEHICLE, AND LOCATED IN THE GLOVE BOX DIRECTLY IN FRONT OF DEFENDANT OLIVER WAS A CLEAR PLASTIC BAGGIE CONTAINING APPROXIMATELY 6 GRAMS OF MARIJUANA, AS WELL AS A CRACK COCAINE PIPE. THESE ITEMS WERE TAKEN INTO MY POSSESSION AND LATER TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. LOCATED IN DEFENDANT OLIVER'S PURSE WAS A FAKE CIGARETTE MADE OUT OF GLASS WHICH WAS FASHIONED INTO A MARIJUANA PIPE AND DID CONTAIN RESIDUE. SHE WAS THEN ARRESTED, AND SECURED IN THE REAR SEAT OF DEPUTY S PHILLIPS PATROL VEHICLE, AT which TIME HE TRANSPORTED HER WITHOUT INCIDENT TO THE CITRUS COUNTY DETENTION FACILITY. A COMPUTER CHECK DID REVEAL THAT DEFENDANT FITZGERALD NOT ONLY HAD A SUSPENDED DRIVER'S LICENSE OUT OF WEST VIRGINIA, BUT IN THE STATE OF FLORIDA A LICENSE NUMBER HAD BEEN CREATED FOR HIM DUE TO DRIVING WHILE LICENSE SUSPENDED (DWLS), AS WELL AS IT BEING SUSPENDED IN 090904 FOR REFUSAL TO SUBMIT. WHEN the VEHICLE IDENTIFICATION NUMBER (VIN) OF THE VEHICLE WAS RUN, IT SHOWED IT WAS AN UNREGISTERED MOTOR VEHICLE. HE WAS ARRESTED AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, DEFENDANT FITZGERALD WAS ISSUED UNIFORM TRAFFIC CITATION (UTC) NUMBER 5723-FGW FOR DWLS, AND CITATION NUMBER 5724-FGW FOR DRIVING UNREGISTERED MOTOR VEHICLE. HIS TOTAL BOND WAS SET AT $11,500.00, PER THE BOND SCHEDULE. DEFENDANT OLIVER WAS ISSUED WRITTEN WARNING NUMBER 238342B REFERENCE NO SEAT BELT. HER TOTAL BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. ALL CONTRABAND WILL BE TURNED IN TO EVIDENCE. *NOT-EXEMPT* |
