| Probable cause affidavit: |
SUBMITTED BY: DERA, MARK 0688 (AR11122678) DID, KNOWING HIS DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2). 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 METAL AND GLASS SMOKING PIPE WITH CANNABIS RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1). ON 090911 WHILE CONDUCTING A SECURITY CHECK AT THE RACE TRAC LOCATED AT 1001 NE 5TH STREET IN CRYSTAL RIVER, I CONDUCTED A FCIC/NCIC CHECK OF A WHITE NISSAN PICKUP FLORIDA TAG NUMBER 427MAJ, WHICH SHOWED THAT THE REGISTERED OWNER, MR CHRISTOPHER FREDERICKS, HAD A SUSPENDED DRIVER'S LICENSE. I THEN CONDUCTED A "D.A.V.I.D." CHECK, WHICH ALSO SHOWED THAT THE DEFENDANT, MR FREDERICKS HAD A SUSPENDED DRIVER'S LICENSE AND THAT IT WAS SUSPENDED INDEFINITELY ON 081811 FOR FAILURE TO PAY TRAFFIC FINES AND THAT NOTICE HAD BEEN ISSUED TO HIM ON 072911. IT ALSO SHOWED HIS DRIVER'S LICENSE PHOTOGRAPH, WHICH I CONFIRMED WAS THE DRIVER OF THE WHITE NISSAN PICKUP. I PROCEEDED AFTER THE VEHICLE WITH MY OVERHEAD EMERGENCY LIGHTS ON AND CONDUCTED A TRAFFIC STOP AT THE CORNER OF NE 5TH STREET AND NE 6TH AVENUE. I MADE CONTACT WITH MR CHRISTOPHER FREDERICKS, WHO WAS THE DRIVER OF THE VEHICLE. I ASKED HIM FOR HIS DRIVER'S LICENSE, VEHICLE REGISTRATION, AND INSURANCE. AT FIRST THE DEFENDANT TOLD ME THAT HE DID NOT HAVE HIS DRIVER'S LICENSE WITH HIM, BUT LATER I DISCOVERED HIS FLORIDA IDENTIFICATION CARD. THE DEFENDANT ALSO ADMITTED THAT HIS DRIVER'S LICENSE WAS SUSPENDED "K-9" DEPUTY VIGGIANO RESPONDED AND DEPLOYED "K-9" CONAN. "K-9" CONAN ALERTED TO A POSITIVE ODOR OF NARCOTICS. "K-9" DEPUTY VIGGIANO SEARCHED THE VEHICLE AND RECOVERED ONE METAL AND GLASS SMOKING PIPE WITH CANNABIS RESIDUE FROM THE DRIVER'S SIDE DOOR HANDLE. "K-9" DEPUTY VIGGIANO FIELD TESTED THE PIPE ON SCENE, WHICH TESTED POSITIVE FOR CANNABIS. I READ THE DEFENDANT HIS MIRANDA RIGHTS VIA PRE-PRINTER AGENCY CARD. THE DEFENDANT STATED THAT HE UNDERSTOOD HIS RIGHTS AND WAS WILLING TO ANSWER MY QUESTIONS. HE STATED THAT IT WAS HIS PIPE AND THAT HE HAD SMOKED CANNABIS FROM IT A FEW YEARS AGO. HOWEVER, IT HAD BEEN USED FOR INCENSE RECENTLY. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HIS ROOMMATE PER HIS REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) FOR BOOKING AND PROCESSING. A PROPERTY RECEIPT WAS COMPLETED AND THE MARIJUANA PIPE WAS TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $1,000.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED CRIMINAL UNIFORM TRAFFIC CITATION (UTC) NUMBER 3611-GQF-X FOR DRIVING WHILE LICENSE SUSPENDED (DWLS) KNOWINGLY WITH A MANDATORY COURT DATE OF 100611 AT 1300 HOURS. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *not-exempt* |
