| Probable cause affidavit: |
SUBMITTED BY: HILBERER, BRIAN 0440 (AR07100019) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN THE AMOUNT OF TWENTY GRAMS OR LESS, TO WIT: MARIJUANA , IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH 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, SAID OBJECT BEING: A BLACK METAL PIPE, USED TO SMOKE MARIJUANA, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1)(B). ON 102407 AT APPROXIMATELY 1500 HOURS, I WAS CONDUCTING TRAFFIC ENFORCEMENT ON EAST HARTFORD STREET. I WAS RUNNING STATIONARY RADAR NEAR THE EAST INTERSECTION OF EAST ST JAMES LOOP WHEN I OBSERVED A SILVER MERCURY COUGAR TRAVELLING WEST BOUND ON EAST HARTFORD STREET AT A HIGH RATE OF SPEED. I VISIBLY ESTIMATED THE VEHICLE'S SPEED TO BE APPROXIMATELY 35 TO 40 MILES PER HOUR (MPH). UPON ACTIVATING MY RADAR TO CONFIRM MY VISUAL ESTIMATION, IT READ THAT THE VEHICLE WAS IN FACT TRAVELLING 40 MPH IN A POSTED 25 MPH ZONE. AT THAT POINT, I PULLED OUT AND INITIATED A TRAFFIC STOP ON THE VEHICLE NEAR THE INTERSECTION OF EAST HARTFORD STREET AND THE WEST INTERSECTION OF ST JAMES LOOP. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR CAMERON BENNETT, AND EXPLAINED THE REASON FOR THE TRAFFIC STOP. THE DEFENDANT GAVE VERBAL ADMISSION TO SPEEDING AND ADVISED THAT HE WAS SPEEDING because HIS REAR BRAKES ON THE VEHICLE ARE FAULTY AND NOT WORKING VERY WELL TO HELP HIM SLOW DOWN. I ASKED FOR THE DEFENDANT'S DRIVER'S LICENSE AND REGISTRATION WHICH HE PROVIDED. ALSO IN THE VEHICLE WERE TWO PASSENGERS, ONE BEING THE CO-DEFENDANT, MR MICHAEL PATTON, WHO WAS SEATED IN THE FRONT PASSENGER SEAT. I OBTAINED IDENTIFICATION FROM BOTH PASSENGERS. UPON RETURNING TO MY PATROL VEHICLE, I RAN ALL THREE SUBJECTS THROUGH MY COMPUTER AND DISCOVERED THAT THE PASSENGER WHO WAS SEATED IN THE BACKSEAT HAD AN OUTSTANDING CITRUS COUNTY WARRANT. AT THAT POINT, I CONTACTED DISPATCH AND REQUESTED ANOTHER UNIT FOR back-UP. DEPUTY DAVIS AND DEPUTY LAUGHLIN ARRIVED ON SCENE AND I ADVISED THEM THAT THE BACKSEAT PASSENGER HAD AN OUTSTANDING WARRANT which HAD BEEN CONFIRMED VIA TELETYPE. UPON MAKING CONTACT WITH THE OCCUPANTS OF THE VEHICLE, THE CO-DEFENDANT WAS ASKED TO EXIT THE VEHICLE SO THE REAR SEAT PASSENGER COULD GET OUT OF THE VEHICLE AS WELL. AT THAT POINT, THE REAR SEAT PASSENGER WAS PLACED UNDER ARREST BY DEPUTY DAVIS AND DEPUTY LAUGHLIN REFERENCE TO THE OUTSTANDING WARRANT. PRIOR TO SEARCHING THE VEHICLE INCIDENT TO ARREST, THE DEFENDANT AND CO-DEFENDANT WERE ASKED IF THEY HAD ANY TYPE OF WEAPONS OR NARCOTICS IN THEIR VEHICLE OR ON THEIR PERSON, AT WHICH POINT, THE DEFENDANT, WHO WAS OUT OF THE VEHICLE BY THIS TIME, OPENED HIS WALLET AND REMOVED A SMALL CLEAR PLASTIC BAGGIE WHICH CONTAINED A GREEN LEAFY SUBSTANCE. HE ADVISED THAT THE GREEN LEAFY SUBSTANCE WAS MARIJUANA. THE CO-DEFENDANT ALSO REMOVED FROM HIS LEFT FRONT POCKET A BLUE BAG AND HANDED IT TO ME. I ASKED THE CO-DEFENDANT WHAT WAS IN THE BAG AND HE ADVISED HE HAD APPROXIMATELY A HALF OUNCE OF MARIJUANA IN THE BAG. UPON OPENING THE BAG, I DISCOVERED THAT THERE WAS A CLEAR PLASTIC BAGGIE WHICH CONTAINED A GREEN LEAFY SUBSTANCE. ALSO IN THE BAG WAS A NEWPORT CIGARETTE PACK WHICH CONTAINED A BLUE METAL PIPE WHICH HAD RESIDUE IN IT. THE DEFENDANT ADVISED THAT THERE WAS NOTHING ELSE IN THE VEHICLE, HOWEVER, UPON SEARCHING THE VEHICLE, NINE PARTIALLY SMOKED MARIJUANA CIGARS AND CIGARETTES (BLUNTS AND JOINTS) WERE DISCOVERED IN THE FRONT ASHTRAY. ALSO ON THE DRIVER'S FLOORBOARD, A SMALL MARIJUANA BUD APPROXIMATELY THE SIZE OF A DIME WAS DISCOVERED. ALSO DISCOVERED IN THE CENTER CONSOLE BETWEEN THE TWO FRONT SEATS WAS A BLACK DICE METAL PIPE WHICH HAD RESIDUE IN IT. THE DEFENDANT GAVE VERBAL ADMISSION THAT THE PIPE, THE MARIJUANA BUD, AND THE BLUNTS AND JOINTS BELONGED TO HIM. AT THAT POINT, THE GREEN LEAFY SUBSTANCE WAS FIELD TESTED AND TESTED POSITIVE FOR MARIJUANA. AT THIS TIME, THE DEFENDANT AND THE CO-DEFENDANT WERE PLACED UNDER ARREST, HANDCUFFED BEHIND THEIR BACK, AND WERE SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE CO-DEFENDANT'S BAGGIE OF MARIJUANA WAS WEIGHED at the SCENE AND WEIGHED APPROXIMATELY 16 GRAMS. THE DEFENDANTS WERE BOTH TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY PRECISION TOWING. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION (UTC) NUMBER 7466-FGW FOR UNLAWFUL SPEED WITH $188.50 PAYABLE WITHIN 30 DAYS. BOTH DEFENDANTS' BONDS WERE $1,000 PER THE BOND SCHEDULE AND ALL MARIJUANA AND PARAPHERNALIA WERE PLACED IN TO EVIDENCE. *NOT-EXEMPT* |
