| Probable cause affidavit: |
SUBMITTED BY: LYNN, KURT 0349 (AR07005623) 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) 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: MARIJUANA , SAID OBJECT BEING A ROLLING PAPERS , IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147. ON 101307 AT APPROXIMATELY 0659 HOURS, THIS DEPUTY OBSERVED A GRAY PICKUP TRUCK TRAVELING NORTHBOUND ON US HIGHWAY 41, JUST SOUTH OF 486 AT A HIGH RATE OF SPEED. I ACTIVATED MY RADAR AND RECEIVED AN SOLID AUDIO DOPPLER TONE OF 60 MILES PER HOUR (MPH) IN A 45 MPH ZONE AND ENTERING AT THAT SPEED IN TO A 35 MPH ZONE. I IMMEDIATELY PULLED THE VEHICLE OVER AND ENCOUNTERED THE DEFENDANT/DRIVER, IDENTIFIED AS MR CARLOS LOPEZ, VIA FLORIDA DRIVER'S LICENSE. IN SPEAKING WITH THE DEFENDANT, I SMELLED THE DISTINCT ODOR OF FRESHLY SMOKED MARIJUANA AND A PARTIAL ODOR OF ALCOHOL. I ASKED THE DEFENDANT TO STEP FROM THE TRUCK TO SEE IF THE SMELL WAS IN THE TRUCK OR ON OR ABOUT THE DEFENDANT, TO WHICH HE COMPLIED. THE DEFENDANT STILL HAD THE DISTINCT SMELL OF MARIJUANA ABOUT HIM UPON BEING REMOVED FROM THE TRUCK AND SEEMED TO BE SLOW ANSWERING QUESTIONS. AT THAT TIME, I PERFORMED THE HORIZONTAL GAZE NYSTAGMUS TEST, AT WHICH TIME, I OBSERVED THAT THE DEFENDANT'S EYES REACTED SLOWLY TO LIGHT AND HAD A SMALL AMOUNT OF HORIZONTAL NYSTAGMUS. HOWEVER, I DID NOT FEEL THAT THE DEFENDANT WAS IMPAIRED TO WHICH HE COULD NOT DRIVE. I ISSUED THE DEFENDANT A CITATION FOR 60 MPH IN A 40 MPH ZONE AND ASKED THE DEFENDANT FOR PERMISSION TO SEARCH THE VEHICLE, TO WHICH HE STATED YES. IT SHOULD BE NOTED THAT THE DEFENDANT SPEAKS LIMITED AMOUNTS OF ENGLISH AND THIS DEPUTY SPEAKS A LIMITED AMOUNT OF SPANISH, TO WHICH SOME COMMUNICATIONS WERE DONE IN SPANISH. I ASKED THE DEFENDANT TO EMPTY HIS POCKETS ON TO THE HOOD OF MY PATROL VEHICLE, TO WHICH HE COMPLIED. I THEN AGAIN RECEIVED COMPLIANCE TO SEARCH THE DEFENDANT'S TRUCK. I AGAIN WALKED OVER TO THE TRUCK AND IN THE DRIVER'S SEAT AREA, WHERE THE DEFENDANT HAD BEEN SITTING, WERE TWO CIGARETTE PACKAGES AND BOTH CONTAINED PARTIALLY SMOKED MARIJUANA CIGARETTES AND A PACKAGE OF ZIG ZAG ROLLING PAPERS. THEY ALSO HAD FRESH MARIJUANA ASHES IN THE CIGARETTE BOX WITH THE MARIJUANA CIGARETTES. I THEN LOOKED UNDER THE SEAT AND LOCATED A LARGE PRESCRIPTION BOTTLE THAT CONTAINED APPROXIMATELY 7.5 GRAMS OF MARIJUANA. THESE ITEMS WERE CONFISCATED AND PLACED ON THE HOOD OF MY PATROL VEHICLE. THERE WERE NO OTHER ITEMS LOCATED IN THE VEHICLE. TOTAL APPROXIMATE WEIGHT OF THE MARIJUANA FOUND IN the VEHICLE WAS 8.5 GRAMS. BOTH PRIOR TO AND AFTER MIRANDA WAS READ TO THE DEFENDANT, HE DID STATE VERBALLY THAT THE MARIJUANA WAS HIS. THE DEFENDANT IS AN EMPLOYEE OF THE VALUE INN, WHERE HE WAS PULLED OVER NEXT TO. HIS VEHICLE WAS SECURED BY A CO-WORKER AND PARKED AT THE VALUE INN. THE DEFENDANT WAS VERY POLITE DURING THE TRAFFIC STOP AND WAS ARRESTED DUE TO HAVING AN OUT OF COUNTY DRIVER'S LICENSE ADDRESS. THE DEFENDANT DID STATE HE HAD RECENTLY MOVED TO FLORAL CITY, HOWEVER, HE HAD NO DOCUMENTATION SHOWING THE NEW ADDRESS. THE DEFENDANT SIGNED A PROPERTY RECEIPT STATING THAT THE ITEMS CONFISCATED WERE HIS PROPERTY. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WITH HIS BOND WAS SET PER SCHEDULE. *NOT-EXEMPT* |
