| Probable cause affidavit: |
SUBMITTED BY: CIANCIA, TERRY 0575 (AR08104887) 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); AND DID UNLAWFULLY HAVE IN HIS 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 HAND-HELD DIGITAL SCALE COMMONLY USED IN THE WEIGHING OF NARCOTICS, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ON 082508 AT APPROXIMATELY 2015 HOURS, I OBSERVED A GREEN FOUR-DOOR VEHICLE PULL INTO THE WOODED AREA OFF THE NORTH END OF NORTHEAST FIFTH AVENUE IN THE CITY OF CRYSTAL RIVER. AS I PULLED UP TO THE DRIVER'S SIDE DOOR, I OBSERVED A WHITE MALE AND A WHITE FEMALE PASSENGER. AS I APPROACHED THE DIVER'S SIDE DOOR, I WAS ABLE TO SMELL THE DISTINCT ODOR OF BURNT MARIJUANA COMING FROM THE INTERIOR OF THE VEHICLE. BOTH THE WHITE MALE AND THE WHITE FEMALE WERE DRESSED IN ONLY BATHING SUIT ATTIRE. I ASKED THE WHITE MALE, WHO WAS IN THE DRIVER SEAT, WHY HE AND HIS FEMALE PASSENGER WERE PARKED BACK IN THE WOODED AREA AWAY FROM THE VIEW OF TRAFFIC AND RESIDENTS. THE WHITE MALE REPLIED THAT THEY WERE JUST TALKING. I ASKED THE WHITE MALE IF HE HAD HIS DRIVER'S LICENSE ON HIM, AND HE REPLIED THAT IT WAS IN THE VEHICLE TRUNK. I ASKED HIM TO RETRIEVE HIS DRIVER'S LICENSE FROM THE TRUNK. THE WHITE MALE COMPLIED, BUT PRIOR TO EXITING THE VEHICLE HE REACHED INTO HIS SWIM TRUNKS AND STARTED ADJUSTING SOMETHING. I TOLD THE WHITE MALE TO PULL HIS HAND OUT OF HIS SWIM TRUNKS AND EXIT THE VEHICLE. AS HE EXITED THROUGH THE DRIVER'S DOOR HE STOOD UP, AND AS HE DID A SMALL PLASTIC BAG FELL FROM HIS SWIM TRUNKS AND ON TO THE GROUND BY HIS FOOT. THE WHITE MALE WALKED TOWARD THE REAR OF THE VEHICLE BUT CHANGED HIS MIND, STATING HIS DRIVER'S LICENSE WAS IN HIS WALLET IN THE BACK SEAT. KEEPING MY EYE ON THE BAGGIE THAT FELL FROM HIS SWIM TRUNKS, I HAD THE WHITE MALE SIT BACK IN THE DRIVER'S SEAT. AT THIS POINT I ASKED HIM TO REACH DOWN, PICK UP THE BAG THAT HAD FALLEN FROM HIS SWIM TRUNKS AND HAND IT TO ME. AS HE HANDED ME THE BAGGIE, I NOTICED THAT IT CONTAINED SUSPECTED MARIJUANA. AFTER TAKING CONTROL OF THE MARIJUANA, I HAD THE WHITE MALE DRIVER PUT ON A PAIR OF PANTS AND A SHIRT. I ADVISED HIM THAT HE WAS UNDER ARREST FOR POSSESSION OF MARIJUANA, AND I PLACED HIM IN HANDCUFFS, DOUBLE-LOCKED, AND SECURED HIM IN THE REAR OF MY PATROL VEHICLE. I RECOVERED THE WHITE MALE'S DRIVER'S LICENSE FROM HIS WALLET AND POSITIVELY IDENTIFIED HIM FROM HIS FLORIDA DRIVER'S LICENSE AS THE DEFENDANT. THE WHITE FEMALE WAS IDENTIFIED AS A JUVENILE, AND A DRIVER'S LICENSE CHECK VIA D.A.V.I.D. VERIFIED HER IDENTITY. DUE TO HER AGE, HER MOTHER WAS CONTACTED AND ASKED TO COME GET HER DAUGHTER A SEARCH OF THE VEHICLE YIELDED A HAND-HELD DIGITAL SCALE, MOST COMMONLY USED IN THE WEIGHING OF NARCOTICS, WHICH WAS FOUND IN THE CENTER CONSOLE. WHEN ASKED WHAT THE ITEM WAS, THE DEFENDANT STATED, "IT'S A SCALE, AND I USE IT WHEN I BUY POT TO MAKE SURE I DON'T GET RIPPED OFF." AT THE DEFENDANT'S REQUEST, I CONTACTED HIS PARENT TO COME RETRIEVE THE VEHICLE THAT IS REGISTERED TO THE HIS FATHER. WHILE WAITING FOR THE DEFENDANT'S PARENTS, I FIELD TESTED THE SUSPECTED MARIJUANA. THE MARIJUANA INDICATED A POSITIVE RESULT FOR THE PRESENCE OF THC. BOTH THE MARIJUANA AND THE SCALE WERE PLACED IN AN EVIDENCE BAG AND LOGGED ONTO A PROPERTY RECEIPT. THE PROPERTY RECEIPT WAS SIGNED BY ME AND BY THE DEFENDANT, INDICATING HIS KNOWLEDGE OF THE ITEMS TAKEN FROM HIM. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING AND CHARGED WITH POSSESSION OF MARIJUANA UNDER 20 GRAMS AND POSSESSION OF NARCOTIC PARAPHERNALIA. BOTH THE MARIJUANA AND THE SCALE WERE TURNED IN TO EVIDENCE. BOND WAS SET AT A TOTAL OF $1,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
