Probable cause affidavit: |
SUBMITTED BY: HRYC, CHRISTOPHER 0701 (AR13-4148) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS/HER 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: A GLASS PIPE COMMONLY USED FOR SMOKING CANNABIS, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ON 011513, AS I WAS DRIVING EASTBOUND ON WEST GULF TO LAKE HIGHWAY. I NOTICED THE VEHICLE IN FRONT OF ME, A BEIGE FOUR DOOR STYLE VEHICLE, DID NOT HAVE AN OPERABLE TAG LIGHT. I THEN CONDUCTED A TRAFFIC STOP ON THIS VEHICLE, WHICH WAS BEARING FLORIDA LICENSE PLATE NUMBER L393GS, AT THE INTERSECTION OF WEST GULF TO LAKE HIGHWAY AND CRYSTAL STREET. I MADE CONTACT WITH THE DEFENDANT, WHO WAS LATER IDENTIFIED AS MR CHARLES DIIORIO. I EXPLAINED THE REASON FOR THE TRAFFIC STOP TO THE DEFENDANT, AND I ALSO NOTICED ON THE PASSENGERâS SIDE FRONT SEAT, THERE WAS A METAL OBJECT. THROUGH MY TRAINING AND EXPERIENCE, I RECOGNIZED THIS TO POSSIBLY BE A GRINDER FOR CANNABIS. I THEN ASKED IF THE DEFENDANT WOULD MIND IF I SEARCHED HIS VEHICLE, TO WHICH HE STATED THAT HE HAD NO PROBLEM WITH ME SEARCHING. I THEN STATED THAT I WAS GOING TO DEPLOY MY CANINE PARTNER AROUND HIS VEHICLE FOR AN EXTERIOR VEHICLE SNIFF. WHILE DOING SO I RAN THE DEFENDANT THROUGH OUR TELETYPE FOR WANTS, WARRANTS AND CONDUCTED A DRIVERâS LICENSE CHECK. I THEN DEPLOYED MY CERTIFIED NARCOTICS DETECTION CANINE, ZEUS. ZEUS WAS BROUGHT TO THE FRONT OF THE 2000 CHEVY FOUR DOOR BEARING FLORIDA LICENSE PLACE L393GS WITH ONE SINGLE OCCUPANT. HE WAS WORKED IN THE COUNTER CLOCKWISE DIRECTION, AND AT THE DRIVERâS SIDE BACK DOOR, ZEUS SHOWED A NOTICEABLE DIFFERENCE (ND) AND ALERTED TO THE ODOR OF NARCOTICS. ZEUS WAS THEN RESECURED IN MY VEHICLE. I THEN CONDUCTED A SEARCH OF THE VEHICLE, WHICH REVEALED NOT ONLY THE METAL GRINDER, WHICH WAS FOUND TO HAVE A GREEN LEAFY SUBSTANCE INSIDE THAT I RECOGNIZED THROUGH MY TRAINING AND EXPERIENCE TO POSSIBLY BE CANNABIS, BUT ALSO A GLASS SMOKING PIPE ON THE PASSENGERâS SIDE, WHICH WAS IN BETWEEN THE PASSENGER SEAT AND THE CENTER CONSOLE. THIS GLASS SMOKING PIPE HAD A BURNED RESIDUE INSIDE OF IT. BOTH OF THE ITEMS WERE FIELD TESTED IN SEPARATE TEST KITS, AND BOTH YIELDED A POSITIVE REACTION FOR THE PRESENCE OF CANNABIS. THE DEFENDANT WAS SUBSEQUENTLY ISSUED A NOTICE TO APPEAR CITATION, BEARING NUMBER 20278, WITH A MANDATORY MISDEMEANOR COURT DATE SET FOR 013113, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS FURTHER ISSUED CITRUS COUNTY SHERIFF'S OFFICE WRITTEN WARNING, BEARING CITATION NUMBER 358558B, FOR THE INOPERABLE TAG LIGHT. WHILE ON SCENE, THE DEFENDANT STATED THAT HE KNEW THE ITEMS WERE THERE; BUT STATED THAT HE WAS HOLDING THEM FOR A FRIEND. THIS WAS A SPONTANEOUS STATEMENT THAT I DID NOT QUESTION THE DEFENDANT IN REFERENCE TO . THE DEFENDANT WAS RELEASED ON THE SCENE WITHOUT FURTHER ACTION. |