| Probable cause affidavit: |
SUBMITTED BY:\tAGUILERA, EMANUEL 1238 (AR16-21759/16-162630) DEPUTY SHERIFF TRAINEE SANTO DEMARCO, JR 1443 DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: ONE PLASTIC BAGGIE CONTAINING APPROXIMATELY 1.30 GRAMS 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: EIGHT (8) TWO MILLIGRAM TABLETS OF ALPRAZOLAM, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: ONE PLASTIC BAGGIE CONTAINING APPROXIMATELY 6.77 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 112716, AT APPROXIMATELY 0314 HOURS, WHILE TRAVELING NORTHBOUND IN THE AREA OF SUFFOLK TERRACE AND U S HIGHWAY 19, I OBSERVED A SILVER IN COLOR TWO-DOOR CHEVROLET MONTE CARLO BEARING FLORIDA LICENSE PLATE NUMBER 679RYJ SWERVE NUMEROUS TIMES OFF THE ROADWAY. I INITIATED A TRAFFIC STOP ACTIVATING MY LIGHTS AND SIRENS, WHICH THE VEHICLE THEN MADE A RIGHT HAND TURN DOWN WEST GREEN ACRES STREET. THE VEHICLE THEN CAME TO A STOP. I OBSERVED THE DRIVER THROW A CLEAR PLASTIC BAGGIE OUT OF THE DRIVER SIDE WINDOW IN FRONT OF THE VEHICLE. CONTACT WAS MADE WITH THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR COLLIN HIGGINS, ALONG WITH TWO OTHER OCCUPANTS IN THE VEHICLE LATER IDENTIFIED AS WITNESSES, MR CONNOR RYPL AND MR VINCENT IRRERA. MR IRRERA WAS SITTING IN THE REAR PASSENGER SEAT, AND MR RYPL WAS SITTING IN THE FRONT PASSENGER SEAT. WHILE I WAS SPEAKING WITH THE DEFENDANT IN REFERENCE TO THE REASON FOR THE TRAFFIC STOP, DEPUTY AGUILERA ADVISED ME THAT HE HAD LOCATED THE CLEAR PLASTIC BAGGIE THAT WAS SITTING IN FRONT OF THE DEFENDANT'S VEHICLE, WHICH CONTAINED A GREEN LEAFY SUBSTANCE THAT DEPUTY AGUILERA BELIEVED TO BE MARIJUANA, A WHITE POWDERY SUBSTANCE THAT DEPUTY AGUILERA BELIEVED TO BE COCAINE AND EIGHT UNKNOWN PRESCRIPTION PILLS. THE DEFENDANT WAS THEN DETAINED AT THE FRONT OF MY PATROL VEHICLE. HE WAS HANDCUFFED, DOUBLE-LOCKED, BEHIND HIS BACK. THE DEFENDANT WAS READ MIRANDA VIA A PREPRINTED CARD. HE ADVISED HE WAS WILLING TO SPEAK WITH ME. THE DEFENDANT STATED UPON THE TRAFFIC STOP, HE DID THROW THE CLEAR PLASTIC BAGGIE OUT THE DRIVER SIDE WINDOW IN FEAR OF GETTING IN TROUBLE. HE ALSO ADVISED THE DRUGS THAT WERE FOUND WERE FOR RECREATIONAL USE ONLY AND NOT FOR SALE. I ASKED THE DEFENDANT WHAT THE DRUGS WERE THAT WERE LOCATED. HE ADVISED THERE WAS APPROXIMATELY ONE GRAM OF COCAINE AND APPROXIMATELY SIX GRAMS OF MARIJUANA. I THEN ASKED IF THERE WERE ANY OTHER DRUGS, WHICH HE ADVISED THERE WERE, BUT THE PILLS WERE NOT HIS. DEPUTY AGUILERA THEN FIELD TESTED THE GREEN LEAFY SUBSTANCE, WHICH TESTED POSITIVE FOR MARIJUANA. HE ALSO FIELD TESTED THE POWDERY WHITE SUBSTANCE, WHICH TESTED POSITIVE FOR COCAINE. HE LOOKED UP THE EIGHT UNIDENTIFIED PILLS ON DRUGS.COM, WHICH WERE IDENTIFIED AS TWO MILLIGRAM ALPRAZOLAM PILLS. AT THAT POINT, I MADE CONTACT WITH THE DEFENDANT AND ASKED HIM IF HE WAS PRESCRIBED ALPRAZOLAM, WHICH HE STATED HE WAS NOT. I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR TWO COUNTS OF POSSESSION OF A CONTROLLED SUBSTANCE AND ONE COUNT OF POSSESSION OF CANNABIS UNDER 20 GRAMS. THE DEFENDANT WAS PLACED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S VEHICLE WAS TURNED OVER TO A FAMILY MEMBER, PER HIS REQUEST. THE DEFENDANT PROVIDED A SWORN WRITTEN STATEMENT, WHICH WILL LATER BE TURNED IN TO RECORDS. THE CANNABIS WAS LATER WEIGHED FOR A TOTAL WEIGHT OF 6.77 GRAMS. THE COCAINE WAS WEIGHED FOR A TOTAL WEIGHT OF 1.30 GRAMS. ALL CONTRABAND WAS TURNED IN TO EVIDENCE. THE DEFENDANT'S BOND WAS SET AT $2,000.00 FOR POSSESSION OF A CONTROLLED SUBSTANCE, COCAINE, $2,000.00 FOR POSSESSION OF A CONTROLLED SUBSTANCE, EIGHT (8) TWO MILLIGRAM ALPRAZOLAM PILLS AND $1,000.00 FOR POSSESSION OF CANNABIS LESS THAN 20 GRAMS. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING FOR FAILURE TO MAINTAIN LANE, NUMBER 417001. NO FURTHER ACTION TAKEN BY THIS DEPUTY. |
