| Probable cause affidavit: |
SUBMITTED BY: THOMASON, DARRAL FFWC/M553 (AR13-7378) DID DRIVE A VESSEL OR WAS IN ACTUAL PHYSICAL CONTROL OF A VESSEL WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 327.35(1)C, AND did knowingly AND willfully Be in the actual or constructive possession of CANNABIS, UNDER 20 GRAMS, TO-wit: 1.2 GRAMS OF CANNABIS, in violation of Florida Statute NUMBER 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: SMOKING PIPE WITH CANNABIS RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1). ON 092113, AT APPROXIMATELY 1415 HOURS, MYSELF AND LIEUTENANT DOUG LOYED WERE ON WATER PATROL ON THE HOMOSASSA RIVER. WE WITNESSED A VESSEL COMING TOWARD US WITH A SINGLE OCCUPANT. WE STOPPED THE VESSEL TO PERFORM A VESSEL SAFETY INSPECTION. ONCE ALONG SIDE, I ASKED THE OCCUPANT/DEFENDANT, MR CHRISTOPHER KOONTZ, TO SHOW ME HIS LIFE JACKET, WHISTLE AND REGISTRATION. WHILE PERFORMING THESE TASKS, THE DEFENDANT WAS UNSTEADY ON HIS FEET, HIS SPEECH WAS SLURRED AND HIS EYES WERE BLOOD-SHOT AND GLASSY. WHEN HE HANDED ME HIS REGISTRATION, I COULD SMELL A DISTINCT ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS PERSON. I ALSO OBSERVED SEVERAL OPEN BEER CANS AT THE STERN OF THE VESSEL WHERE HE HAD BEEN SITTING TO OPERATE THE VESSEL. WITH THESE INDICATORS, I ASKED THE DEFENDANT IF HE WOULD PERFORM SOME FIELD SOBRIETY TASKS, TO WHICH HE AGREED. DURING THESE TASKS, THE DEFENDANT WAS SEATED THE ENTIRE TIME THESE TASKS WERE PERFORMED. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED THERE WERE . TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO: FINGER TO NOSE: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED THAT HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH THE TIP OF HIS FINGER TO TIP OF NOSE AT ANY ATTEMPT AND SEARCHED FOR HIS NOSE DURING FIVE OF THESE ATTEMPTS. TASK THREE, PALM PAT: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED THAT HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT ROLLED HIS HANDS, DID A DOUBLE PAT, A CHOP PAT AND DID NOT INCREASE SPEED. TASK FOUR, HAND COORDINATION: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED THAT HE UNDERSTOOD. TASK ONE: HE DID IMPROPER TOUCH TASK TWO: IMPROPER TOUCH, IMPROPER RETURN OF HANDS TASK THREE: IMPROPER COUNT, IMPROPER TOUCH AND DID NOT RETURN LEFT FIST TO CHEST. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING A VESSEL UNDER THE INFLUENCE. HE WAS PLACED IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK. A LIFE JACKET WAS PLACED ON THE DEFENDANT AND HE WAS TRANSPORTED FROM HIS VESSEL TO MY VESSEL, AND THEN TRANSPORTED TO THE TRADE WINDS BOAT RAMP. HIS VESSEL WAS TRANSPORTED TO TRADE WINDS BY ANOTHER FISH AND WILDLIFE VESSEL. THE DEFENDANTâS GIRLFRIEND WAS CALLED TO TAKE POSSESSION OF THE VESSEL. WHILE PERFORMING A SEARCH INCIDENT TO THE DEFENDANTâS ARREST, I FOUND AN OPEN CIGARETTE PACKET SITTING ON TOP OF THE BENCH SEAT NEXT TO WHERE HE WAS SITTING. WHEN I PICKED UP THE CIGARETTE PACK I SAW A PIPE USED FOR SMOKING MARIJUANA INSIDE THE PACK. I TOOK THE PIPE OUT OF THE CIGARETTE BOX AND SAW A BAG CONTAINING A GREEN LEAFY SUBSTANCE. A PRESUMPTIVE FIELD TEST WAS PERFORMED ON THE GREEN LEAFY SUBSTANCE AND THE RESIDUE INSIDE THE PIPE, AND THEY BOTH CAME BACK POSITIVE FOR MARIJUANA. I THEN PLACED THE DEFENDANT IN MY TRUCK AND TRANSPORTED HIM TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH BOATING UNDER THE INFLUENCE, POSSESSION OF CANNABIS UNDER 20 GRAMS AND POSSESSION OF DRUG PARAPHERNALIA. HIS TOTAL BOND WAS SET AT $1,500.00, PER THE BOND SCHEDULE. CASE REFERENCE NUMBER: FWNC-13-0FF-6844 |
