Probable cause affidavit: |
submitted by: alexander, dawn 0561 (ar08106193) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: THREE XANAX PILLS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); AND 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: TWO PACKAGES OF ROLLING PAPERS AND GRINDER, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B), AND THE DEFENDANT DID OPERATE A MOTOR VEHICLE ON THE ROADWAYS AND HIGHWAYS OF THE STATE OF FLORIDA WHILE IN PHYSICAL POSSESSION OF A CONTROLLED SUBSTANCE: TO WIT; XANAX, WHILE HE WAS DRIVING AND IN PHYSICAL CONTROL OF A MOTOR VEHICLE, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 893.13(2). ON 111008 AT 1350 hours, I RESponded to A DISPatch CALL IN REFerence TO REckless DRiver driving A SILVEr HONDa TRAveling Northbound ON Highway 19 IN THE AREA OF THE RACe TRAC on 19. I HAPpened TO BE IN THAT AREA WHEN I OBserved A SILver HONDA TRaVEling BY ME AT A higher rate of SPEED THAn the POSTed 40 mph speed zone. the driver appeared to be doing AT LEAst 55 MILES PER HOUR. AS I WENT TO TURN AROUND ON THE VEHICLE, THE DRIVEr THAT WAS BEHINd HIM FLASHED HIS HEADLIGHts TO LET ME GO AND KEPt POINting AT SAID CAR. i ALSO OBSERVED THE VeHICLE CONTINUaLlY CROSS HIS LINE OF TRAFFIC WIThOUT SIGNALing. HE would CROSS OVER THE LINE THEn COME BACK INTO HIS LaNE. I THEN AdVIsED DiSPatch THAT I WAS BEHIND THE RECKLESS VEHicle and WAS ACTivating A TRAFFIC STOP. I ADVised THEM I WOULd BE STOPping THE SILver HONDa BEaRing tag number 185-1cz AND THAT i would BE IN the ARea Of Highway 19 NEAR Northwest THIRD AVENUE. I ACTivated MY OVERHEAD LIGHTS AND THE VEHICLe DID NOT PULL OVER. I THEN ACTivated MY WIG-WaGS AND SIREn ANd THe DRiver STILL DID nOT PULL OVER. I THE NOTIced THE DRIVEr KEEP LEANing OVER TO HIS RIGHT which APPeared TO BE STUFFing SOMEthing IN the SEAT OR FLOORBOARD area. I CALLED FOR a K-9 unit BECAUSE OF THE driver's ACTIONS AND HIS BEHAVIOr WHILe HE WAS DRIViNG. THE DRIVER HAD A LIT CIGarette THaT HE PuT OUT the ROOF AND AS I WaLKed UP TO the cAR HE Threw the cigarette oUT THE WINDOW. I ASKEd THE DRiver FOR HIS LICense, REGistration AND PROoF OF INSURANCE. HE PRODuced A FLORida LICense With the name CLAY A HARDEE. mR HARDEE asked me WHY i pulled HIM OVER. I ADVised HE FAILed TO MAINtain A SINGLe LANE. HE ADVised HE WAS SORRy HE WAS BUSY Talking ON CELL PHONE. MR HARDEE PROduced AN EXPIRED REGISTration FORM WITH A TAG "T747IX" AND StATED HE DID NOT HAVE PROoF OF INSURANCE. I THEN AsKed MR HARdee IF He HAD HAD any KNIves, needles, drugs or firearms in his vehicle, to which HE STAted HE DID NOT. I ASKED HIM THIS DUE TO HIS ACTIONS WHILE HE WAS DRIVING. DEPuty STEve SMITH and K-9 OFFicer ANSTEAD ARRIVED ON SCENE. DEPuTY ANSTEAD WENT TO SPeAK WITH MR HARDEE ADVised SHE WAS WITH K-9 UNIT. AT THaT TIME, MR HARdee PRODuCED A SMALL TUPpERWARE CONTAINER WITH A BLUISH, GREEN LID Which CONTained A GREEN LEAFY SUBSTANCE THAT LATER TESTEd POSITIVE FOR MARijuana and HE STAted THEre WAS A XANAX ALSO IN the TUPpERware cONTAINER. I OBSERved THREE BLUE PiLLS IN an oval SHAPE WITH "G3721" STAMPED ON IT. BY THIS TIME I DISCOVERed THaT MR HARDEe's LICense WAS SUSPENDED ON THREE SEParate OCCASIONS AND ADVised NOTICe WAS GIVeN BY COURT IN REFerence TO THIS SUSPENSION. MR HARdee WAS PLaced UNDER ARrEST AND PATTED DOWN. UPON FUrTHer inspection OF THE VEHicle AFTer HE WAS PLaced UNDER ARRest THere WAS A COUPle OF Marijuana ROACHES ALSO IN THE VeHICLE. A TOW ROTATion wRECKER WAS NOtIfied BY TELETYPE TO RESPOND AND I WAS ADVised GREG's CAR CARe Would be responded, to which they DID AND TOWED THE VEHICLE. MR HARDEe WAS THEN TRansported BY ME TO the citrus county detention facility. while en route, mr hardee KEPt TELling WE HE WOULd GET "ROR" and HE WOULd GET a doctor's NOTe FrOM A Doctor and TAKE CARE OF THIS Charge. HE ALsO ASKED ME IF I DID OR know ANY FRiends oR Family members WHO USE RECreation DRUGS JUST TO RELax. HE STATED again THAT HE WOULd JUST GET A Doctor TO PROduce A NOTE SO he COULD GEt OUT OF THIS cHaRGE. UPoN MY ARRIVAL AT THE JAIL, CVS pharmacy WaS CONTAcTED WHICH THEY ADVISED IT WAS xanax, a control four substance. i did write mr hardee a citation for driving on a suspended license with notice given on 042108, 060208, and 101908. i did issue court date 120408 at 1300 hours. he was issued criminal citation for being in possession of a driver's license while suspended, canceled or revoked with the same court date of 120408 at 1300 hours. mr hardee was given citation for no proof of insurance, no proof of registration, no safety belt and failure to maintain single lane. also, upon my arrival at the jail, i did weigh the green leafy substance in the tupperware which weighed 3.5 grams of marijuana. mr hardee also had two packages of rolling papers, one was one and one quarter joker rolling papers and one and one quarter french light cigarette papers (also rolling papers). mr hardee also had in his possession a gray container which is a grinder for marijuana that had a yellow sticker that stated "jesus loves me to" with a white chicken on it. the container of marijuana and the three xanax pills, along with rolling papers and marijuana grinder were all taken into my possession at scene and will be turned in to the citrus county evidence section. it should be noted upon my arrival at jail i ASKED THE defendant for his address, which was the second time i had asked for his address during to writing out citations. he stated he would not give me an address and that i had a social security number and his name and that was all i needed. i explained to mr hardee it was just for his ARRest AFFIDAVIT for paperwork and he still refused. i advised him that due to criminal history, violation of probation and fail to make court appearance i could no put no bond on him due to the fact that he was a flight risk from him not appearing in the past. at this point, mr hardee was still being extremely uncooperative and i advised i would not put an address on his arrest AFFIDAVIT. he then spoke with corporal miller and after speaking with corporal miller he said he would give me his address which he provided 1308 mary lynn avenue in lynn haven, florida with zip code of 32444. it is unknown if this is his real address. mr hardee also had numerous arrests for possession of narcotics. *NOT-EXEMPT* |