| Probable cause affidavit: |
SUBMITTED BY: SUNDBERG, KURT 1268 (AR15-17623) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: APPROXIMATELY ONE GRAM OF COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: APPROXIMATELY 1.2 GRAMS OF CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). ON 121515, AT APPROXIMATELY 2107 HOURS, I ARRIVED TO DEPUTY LABORDA'S (0735) TRAFFIC STOP IN THE AREA OF WEST HALLS RIVER ROAD AND WEST FISHBOWL DRIVE. I OBSERVED DEPUTY LABORDA TO HAVE PULLED OVER A 2003 LINCOLN FOUR-DOOR VEHICLE SILVER IN COLOR BEARING FLORIDA LICENSE PLATE NUMBER Y61BZG. THE OCCUPANTS THAT WERE INSIDE THE VEHICLE WERE CURRENTLY OUTSIDE OF THE VEHICLE IN FRONT OF DEPUTY LABORDA'S PATROL VEHICLE. UPON MAKING CONTACT WITH DEPUTY LABORDA, HE ADVISED ME THAT HE HAD STOPPED SAID VEHICLE FOR DOING UNLAWFUL SPEED OF 40 MILES PER HOUR IN A 25 MILE PER HOUR ZONE IN THE AREA OF WEST FISHBOWL DRIVE AND WEST BOB COURT. WHEN HE MADE CONTACT WITH THE DRIVER OF THE VEHICLE, LATE IDENTIFIED AS THE DEFENDANT, MR CODY COLSON, HE OBSERVED MARIJUANA IN A CLEAR PLASTIC BAG ON THE CENTER CONSOLE IN THE DEFENDANT'S VEHICLE. DEPUTY LABORDA FURTHER ADVISED ME THAT THE FRONT PASSENGER OF THE VEHICLE WAS WITNESS, MS DANIELLE CONNELL AND THE REAR PASSENGER OF THE VEHICLE WAS WITNESS, MS KATHERINE LYNN CONRAD. DEPUTY LABORDA ADVISED HE WAS GOING TO SEARCH THE VEHICLE. I ASSISTED HIM WITH THIS WHILE THE OCCUPANTS STOOD BY WITH A BACKUP DEPUTY. WHILE HAND SEARCHING THE PASSENGER SIDE OF THE VEHICLE, I ATTEMPTED TO OPEN THE GLOVE BOX TO WHICH I OBSERVED IT TO BE LOCKED. THE KEY WAS THEN REMOVED FROM THE IGNITION OF THE VEHICLE AND THE GLOVE BOX WAS UNLOCKED. UPON OPENING THE GLOVE BOX, I OBSERVED A CLEAR PLASTIC BAGGIE CONTAINING A WHITE POWDERED SUBSTANCE THAT I OBSERVED TO BE COCAINE DUE TO MAY TRAINING AND EXPERIENCE. THE CONTENTS OF THIS BAGGIE WERE LATER TESTED BY DEPUTY LABORDA, WHICH YIELDED POSITIVE RESULTS FOR COCAINE. AT THAT TIME, THE DEFENDANT WAS THEN QUESTIONED AS TO WHAT WAS INSIDE OF THE VEHICLE. HE ADVISED THE MARIJUANA WAS HIS. HE WAS ASKED IN REFERENCE TO THE COCAINE THAT WAS FOUND INSIDE OF THE GLOVE BOX TO WHICH HE ADVISED HE DID NOT KNOW WHO IT BELONGED TO OR HOW IT GOT INTO HIS VEHICLE. CONTACT WAS THEN MADE WITH BOTH PASSENGERS OF THE VEHICLE. THEY WERE INTERVIEWED TOGETHER. THEY ADVISED THEY WENT TO OLD HOMOSASSA TO VISIT THE DEFENDANT'S COUSIN. THEY ADVISED THAT WHILE THERE THE DEFENDANT'S COUSIN'S DOG GOT LOOSE AND THE DEFENDANT HELPED TRACK THE DOG DOWN. THEY WERE ASKED IF ANYONE ELSE HAD BEEN INSIDE OF THE VEHICLE WHILE THEY WERE WITH THE DEFENDANT, WHICH THEY ADVISED NO. THEY LEFT A SHORT TIME LATER. BOTH OCCUPANTS ADVISED THEY DID NOT SEE THE DEFENDANT GO INTO THE GLOVE BOX OR LOCK IT. CONTACT WAS MADE AGAIN WITH THE DEFENDANT WHERE HE WAS READ MIRANDA VIA A PREPRINTED AGENCY CARD BY DEPUTY LABORDA. HE WAS THEN AGAIN QUESTIONED AS TO WHAT WAS INSIDE OF THE VEHICLE. HE AGAIN ADVISED THAT THE MARIJUANA WAS HIS, BUT HE DID NOT KNOW HOW THE COCAINE GOT INSIDE OF HIS VEHICLE. THE DEFENDANT WAS ASKED WHAT HE WAS DOING AND WHERE HE WAS COMING FROM TO WHICH HE ADVISED HE WAS COMING BACK FROM DROPPING HIS COUSIN OFF AT HIS RESIDENCE. THE DEFENDANT WAS THEN ADVISED THAT I DID NOT BELIEVE WHAT HE WAS SAYING DUE TO THE FACT THAT THE OTHER TWO PASSENGERS STATED THEY WENT TO VISIT HIS COUSIN AND THAT THERE WAS NO ONE ELSE INSIDE OF THE VEHICLE BESIDES THEM. AT THAT TIME, THE DEFENDANT THEN ADVISED THAT YES, HE LIED ABOUT DROPPING HIS COUSIN OFF, BUT HE DID GO VISIT HIS COUSIN. WHEN HE WAS ASKED WHY HE LIED, HE COULD NOT PROVIDE AN ANSWER. THE DEFENDANT WAS THEN ADVISED THAT DUE TO THE SUBSTANCE BEING IN A LOCKED GLOVE BOX INSIDE OF HIS VEHICLE AND HIM BEING THE ONLY WITH ACCESS TO IT AT THE TIME OF THE TRAFFIC STOP, HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF A CONTROLLED SUBSTANCE AND ALSO FOR POSSESSION OF MARIJUANA. ITEMS WERE THEN COLLECTED BY DEPUTY LABORDA. THE DEFENDANT WAS PLACED IN HANDCUFFS (DOUBLE-LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL TO THE CITRUS COUNTY DETENTION FACILITY, DEPUTY LABORDA MADE CONTACT WITH ME AND ADVISED ME THAT THE COCAINE THAT WAS FOUND WEIGHED APPROXIMATELY ONE GRAM AND THE MARIJUANA THAT WAS FOUND WEIGHED APPROXIMATELY 1.2 GRAMS. THE DEFENDANT'S BOND WAS SET AT $2,000 00 FOR POSSESSION OF A CONTROLLED SUBSTANCE, COCAINE, AND $1,000.00 FOR THE POSSESSION OF MARIJUANA. THE DEFENDANT WAS ISSUED A WRITTEN WARNING, NUMBER 396025B, FOR THE SPEED VIOLATION BY DEPUTY LABORDA. SEE DEPUTY LABORDA'S SUPPLEMENT FOR FURTHER. |
