Probable cause affidavit: |
SUBMITTED BY: AGUILERA, EMANUEL 1238 (AR16-18042) DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: .5 GRAMS OF LIQUID METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN 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: ONE SYRINGE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 012616, AT APPROXIMATELY 0309 HOURS, THIS DEPUTY WAS TRAVELING EASTBOUND ON WEST GROVER CLEVELAND WHEN I OBSERVED A WHITE PICKUP TRUCK TRAVELING EASTBOUND IN FRONT OF THIS DEPUTY IN THE AREA OF SOUTH KINDNESS POINT AND WEST GROVER CLEVELAND. I PACED THIS VEHICLE BEARING FLORIDA LICENSE PLATE NUMBER E913KC TO BE TRAVELING 62 MILES PER HOUR WHICH WAS EXCEEDING THE POSTED SPEED LIMIT OF 55 MILES PER HOUR. I ACTIVATED MY OVERHEAD EMERGENCY EQUIPMENT, LIGHTS AND SIREN, AND CONDUCTED A TRAFFIC STOP ON SAID VEHICLE IN THE AREA OF SOUTH JODY POINT AND WEST GROVER CLEVELAND BOULEVARD. UPON MAKING CONTACT WITH THE DRIVER, LATER IDENTIFIED AS DEFENDANT, MS CASSANDRA MOODY, I ASKED FOR HER DRIVER LICENSE, REGISTRATION AND PROOF OF INSURANCE, WHICH SHE PROVIDED THIS DEPUTY WITH ALL THREE DOCUMENTS. I ADVISED HER THE REASON FOR THE TRAFFIC STOP WAS DUE TO HER TRAVELING 62 MILES PER HOUR IN A POSTED 55 MILE PER HOUR SPEED ZONE. WHILE SPEAKING WITH DEFENDANT MOODY, I OBSERVED A MALE OCCUPANT IN THE PASSENGER SEAT LATER IDENTIFIED AS DEFENDANT, MR GREGORY MASSEY. I ASKED DEFENDANT MASSEY IF HE HAD ANY IDENTIFICATION, WHICH HE PROVIDED THIS DEPUTY WITH A FLORIDA IDENTIFICATION CARD. I RETURNED BACK TO MY PATROL VEHICLE WHERE I RAN BOTH DEFENDANTS OVER TELETYPE. WHILE RUNNING THE DEFENDANTS OVER TELETYPE, K-9 LABORDA (0753) ARRIVED ON SCENE. AS I COMPLETED A WRITTEN WARNING FOR DEFENDANT MOODY FOR DRIVING AT AN UNLAWFUL SPEED, DEPUTY LABORDA DEPLOYED HIS CANINE PARTNER, GUNNY, FOR AN EXTERIOR SNIFF OF THE VEHICLE. HE MADE CONTACT WITH THIS DEPUTY THAT HIS CANINE PARTNER GUNNY HAD ALERTED TO THE VEHICLE. SEE DEPUTY LABORDA'S SUPPLEMENT FOR FURTHER. I THEN MADE CONTACT WITH DEFENDANT MOODY AS WELL AS DEFENDANT MASSEY AND ADVISED THEM THAT THE CANINE HAD ALERTED TO THE VEHICLE AT WHICH TIME I ASKED BOTH DEFENDANTS TO STEP OUT TO THE FRONT OF MY PATROL VEHICLE. WHILE SPEAKING WITH DEFENDANT MASSEY, I ASKED HIM IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE OR ON HIS PERSON TO WHICH HE ADVISED HE POSSIBLY HAD A COUPLE OF "RIGS" INSIDE THE VEHICLE; HOWEVER, HE DID NOT BELIEVE THERE WAS ANYTHING ELSE ILLEGAL INSIDE THE VEHICLE THAT BELONGED TO HIM. I THEN MADE CONTACT WITH DEFENDANT MOODY AND ASKED HER IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE OR ON HER PERSON THAT SHE WOULD LIKE TO TELL THIS DEPUTY ABOUT. SHE IMMEDIATELY STATED SHE HAD A NEEDLE LOCATED INSIDE OF HER SHIRT TUCKED UNDER HER BRA. I THEN ASKED DEFENDANT MOODY IF SHE WOULD RETRIEVE SAID NEEDLE WITHOUT EXPOSING HERSELF AT WHICH TIME SHE DID SO AND PLACED THE NEEDLE ON THE HOOD OF MY PATROL VEHICLE. I LOOKED AT THE NEEDLE THAT WAS ON THE HOOD OF MY VEHICLE AND THERE APPEARED TO BE A CLEAR LIQUID INSIDE THE NEEDLE. I ASKED DEFENDANT MOODY WHAT THE NEEDLE WOULD TEST FOR AT WHICH TIME SHE ADVISED THIS DEPUTY IT WOULD POSSIBLY TEST FOR METHAMPHETAMINE DUE TO HER USING EARLIER IN THE EVENING. WHILE DEPUTY LABORDA CONDUCTED A HAND SEARCH OF THE VEHICLE, HE ADVISED THIS DEPUTY THAT HE HAD LOCATED THE TWO SYRINGES THAT DEFENDANT MASSEY HAD CALLED "RIGS" IN DEFENDANT MASSEY'S VICINITY OF WHERE HE WAS SITTING AS WELL AS A SPOON CONTAINING METHAMPHETAMINE IN DEFENDANT MASSEY'S BACKPACK. SEE DEPUTY LABORDA'S SUPPLEMENT. I THEN MADE CONTACT WITH DEFENDANT MASSEY AND READ HIM MIRANDA VIA A PREPRINTED CARD WHERE HE DID AGREE TO SPEAK WITH THIS DEPUTY. WHEN I ASKED HIM ABOUT THE SYRINGES AS WELL AS THE SPOON WITH THE METHAMPHETAMINE ON IT, HE ADVISED THAT THE SPOON THAT CONTAINED THE METHAMPHETAMINE WAS HIS AND HE HAD FORGOT IT WAS IN HIS BACKPACK AND THE SYRINGES WERE HIS HOWEVER HE ADVISED THAT THEY WERE CLEAN. K-9 DEPUTY LABORDA ADVISED THIS DEPUTY THAT THE METHAMPHETAMINE ON THE SPOON TESTED POSITIVE FOR METHAMPHETAMINE AND THE LIQUID INSIDE THE NEEDLE THAT BELONGED TO DEFENDANT MOODY TESTED POSITIVE FOR METHAMPHETAMINE AS WELL. I MADE CONTACT WITH DEFENDANT MOODY AND ADVISED HER THAT SHE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF A CONTROLLED SUBSTANCE DUE TO THE CLEAR SUBSTANCE INSIDE THE NEEDLED TESTING POSITIVE FOR METHAMPHETAMINE AS WELL AS DRUG PARAPHERNALIA DUE TO HER BEING IN POSSESSION OF THE SYRINGE. DEFENDANT MOODY WAS HANDCUFFED, (DOUBLE LOCKED), BEHIND HER BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE. DEFENDANT MOODY WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND TURNED OVER TO STAFF FOR BOOKING AND PROCESSING. SHE WAS ISSUED A WRITTEN WARNING, NUMBER 400282B, FOR UNLAWFUL SPEED OF 62 MILES PER HOUR IN A 55 MILE PER HOUR ZONE. DEPUTY LABORDA WEIGHED AND PACKAGED THE EVIDENCE, WHICH WAS TURNED IN TO EVIDENCE. SEE HIS SUPPLEMENT. THE VEHICLE WAS TOWED BY DAVE'S BODY SHOP. DEFENDANT MOODY'S BOND WAS SET AT $2,000.00 FOR THE CHARGE OF POSSESSION OF A CONTROLLED SUBSTANCE, 0.5 GRAMS OF LIQUID METHAMPHETAMINE, AND $1,000.00 FOR POSSESSION OF DRUG PARAPHERNALIA, ONE SYRINGE, FOR A TOTAL BOND OF $3,000.00 PER THE SCHEDULE. NO FURTHER ACTION TAKEN BY THIS DEPUTY. |