Probable cause affidavit: |
SUBMITTED BY: WEAKS, DANIEL 0553 (AR08106924) 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: BRILL-O PAD, CRACK PIPE, PUSH ROD, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1). ON 122808, I WAS CONDUCTING MOVING RADAR ON HIGHWAY 41 SOUTH OF INVERNESS. AT APPROXIMATELY 1049 HOURS WHILE TRAVELLING NORTHBOUND NEAR THE AIRPORT, I OBSERVED WHITE DODGE NEON TRAVELLING SOUTHBOUND AT WHAT I BELIEVED TO BE ABOVE THE POSTED 45 MILES PER HOUR (MPH) SPEED LIMIT. I ACTIVATED MY ASSIGNED RADAR UNIT WHICH PROVIDED READOUT OF 63 MPH. I TURNED AROUND AND PURSUED THE DODGE NEON WITH LIGHTS AND SIREN ACTIVATED. AS I NEARED THE VEHICLE THE OPERATOR, WHO WAS LATER IDENTIFIED AS MS CHERIE ANN KLEPECK (DEFENDANT) QUICKLY TURNED the VEHICLE ONTO EAST WATSON STREET OFF OF HIGHWAY 41. I BELIEVED THIS WAS DONE IN AN ATTEMPT TO ELUDE THIS DEPUTY. THE VEHICLE DID STOP ON EAST WATSON STREET APPROXIMATELY 100 YARDS FROM HIGHWAY 41. UPON MAKING CONTACT WITH MS KLEPECK, I ADVISED HER OF THE REASON FOR THE STOP. SHE PROVIDED ME WITH HER DOCUMENTATION, WHICH WERE IN ORDER. I ASKED THE PASSENGER, WHO WAS SEATED IN THE FRONT RIGHT PASSENGER'S SEAT, IF HE HAD ANY IDENTIFICATION, TO WHICH HE STATED NO. HE DID PROVIDE ME WITH HIS NAME, DATE OF BIRTH AND HIS SOCIAL SECURITY NUMBER. I THEN RETURNED TO MY VEHICLE. A FEW MINUTES LATER MS KLEPECK GOT out of HER VEHICLE AND ASKED TO SPEAK with ME IN PRIVATE. I TALKED WITH HER AT THE FRONT TO MY PATROL VEHICLE. SHE ADVISED ME THAT THE PASSENGER HAD RECENTLY GOTTEN OUT OF JAIL AND HIS FAMILY HAD PAID HER TO DRIVE HIM FROM BRADENTON TO DUNNELLON TO SEE HIS BIOLOGICAL PARENTS. THINGS WERE NOT WORKING OUT AND HIS BIOLOGICAL PARENTS DID NOT WANT HIM TO STAY WITH THEM SO SHE WAS TAKING HIM BACK TO BRADENTON. MS KLEPECK WAS UPSET ABOUT GETTING A SPEEDING TICKET AND BEGAN TO CRY. SHE ALSO WAS ACTING UNUSUALLY NERVOUS. I INSTRUCTED HER TO RETURN TO HER VEHICLE AND REQUESTED A BACKUP OFFICER. DEPUTY WARD ARRIVED ON SCENE, AT WHICH TIME, I ASKED MS KLEPECK IF SHE HAD ANY DRUGS, PARAPHERNALIA OR WEAPONS IN HER VEHICLE, TO WHICH SHE ADVISED NO. I ASKED MS KLEPECK FOR PERMISSION TO SEARCH HER VEHICLE, TO WHICH SHE STATED YES. A SEARCH OF THE VEHICLE RESULTED IN FINDING IN the CENTER CONSOLE A SMALL WAD OF BRASS BRILL-O PAD COMMONLY USED FOR FILTRATION IN A PIPE USED FOR SMOKING DRUGS. A BROWN PAPER BAG IN the TRUNK CONTAINED A LARGE WAD OF UNUSED BRILL-O PAD, A SMALL METAL ROD WHICH IS COMMONLY USED AS A pUSHER WAS FOUND IN THE DRIVER'S DOOR POCKET. DURING THE SEARCH OF THE VEHICLE, MS KLEPECK WAS ASKED BY THIS DEPUTY IF SHE HAD ANY DRUGS OR DRUG PARAPHERNALIA ON HER PERSON, TO WHICH SHE AT FIRST STATED NO, BUT THEN ADVISED SHE WAS HIDING HER GLASS CRACK PIPE IN HER LEFT BOOT. I HAD MS KLEPECK REMOVE HER BOOT. I RETRIEVED the ITEM WHICH WAS A SMALL GLASS TUBE USED FOR SMOKING DRUGS. THE TUBE DID HAVE EVIDENCE OF FREQUENT USE AND WAS BLACK WITH TAR RESIDUE AND A PIECE OF BRILL-O WAS STUFFED INSIDE. A SEARCH OF MS KLEPECK'S PURSE RESULTED IN FINDING A SECOND SMALL METAL PUSHER ROD. MS KLEPECK WAS PLACED UNDER ARREST FOR POSSESSION OF DRUG PARAPHERNALIA, HANDCUFFED DOUBLE LOCKED BEHIND HER BACK and PLACED IN BACK, RIGHT SEAT OF MY PATROL VEHICLE. ALL DRUG PARAPHERNALIA WAS COLLECTED AND A PROPERTY RECEIPT WAS COMPLETED, WHICH WILL BE TURNED INTO EVIDENCE. I ASKED THE PASSENGER, WHO WAS IDENTIFIED AS MR DOUGLAS TIPSWORD, IF HE HAD ANY DRUGS, DRUG PARAPHERNALIA OR WEAPONS ON HIM, TO WHICH HE ADVISED NO. MR TIPSWORD DID GIVE PERMISSION TO SEARCH HIS PERSON, WHICH RESULTED IN THIS DEPUTY FINDING TWO WELL USED BLACK, TARRED BRILL-O PIPE FILTERS IN HIS FRONT RIGHT JEANS WATCH POCKET. THESE ITEMS WERE ALSO COLLECTED VIA PROPERTY RECEIPT AND LATER TURNED INTO EVIDENCE. CO-DEFENDANT TIPSWORD WAS PLACED UNDER ARREST FOR POSSESSION OF DRUG PARAPHERNALIA, HANDCUFFED DOUBLE LOCKED BEHIND HIS BACK AND SEATED IN THE LEFT REAR SEAT OF MY PATROL VEHICLE. I TRANSPORTED BOTH DEFENDANTS TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING. DEPUTY WARD SECURED THE VEHICLE UNTIL IT COULD BE TOWED BY ED'S TOWING. DEFENDANT KLEPECK WAS ALSO GIVEN UNIFORM TRAFFIC CITATION NUMBER 0150-FIR3 FOR SPEEDING VIOLATION. THE BOND FOR EACH DEFENDANT WAS SET AT $500.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |