| Probable cause affidavit: |
SUBMITTED BY: DOWD, JOHN D0004 (AR07005034) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A) AND DID UNLAWFULLY AND KNOWINGLY DESTROY OR ATTEMPT TO DESTROY EVIDENCE, TO WIT: CRACK COCAINE, IN AN OFFICIAL INVESTIGATION KNOWING FULL WELL THAT THE EVIDENCE WAS EVIDENCE IN AN OFFICIAL INVESTIGATION OR PROCEEDING, IN VIOLATION OF FLORIDA STATUTE 914.22(1) AND DID OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT HE HAD BEEN DIRECTED TO STOP SUCH VEHICLE BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER, DID WILLFULLY REFUSE OR FAIL TO STOP SUCH VEHICLE IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(1) AND DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, OBJECTS INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: COCAINE, SAID OBJECTS BEING PLASTIC BAGGIES, IN VIOLATION OF FLORIDA STATE STATUTES 893.13 AND 893.147(1) AND DID KNOWINGLY, WHILE HIS OPERATOR'S OR CHAUFFEUR'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE UPON THE HIGHWAYS OF THIS STATE, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). ON 091007 AT APPROXIMATELY 1850 HOURS, WRITER WAS DISPATCHED TO THE MCDONALDS restaurant LOCATED AT BROOKS STREET AND US HIGHWAY 41, WITHIN THE CITY LIMITS OF DUNNELLON, IN REFERENCE TO A SUSPICIOUS VEHICLE AND POSSIBLE DRUG CALL. WHILE EN ROUTE, WRITER WAS ADVISED THE VEHICLE WAS STILL IN THE DRIVE-THRU LANE AND THE DRIVER HAD HANDED AN UNKNOWN PACKAGE OF DRUGS TO THE CASHIER ALONG WITH HIS MONEY. WRITER WAS ADVISED OF THE VEHICLE'S DESCRIPTION WHICH WAS AS FOLLOWS: A NEWER MODEL RED FORD PICKUP TRUCK BEARING FLORIDA TEMPORARY TAG Q624718. WHILE STILL EN ROUTE TO THE CALL, WRITER PASSED THE SUSPECT VEHICLE AT ROBINSON ROAD AND US HIGHWAY 41, SOUTHBOUND, WHERE AS I TURNED AROUND AND CONFIRMED THE TAG WAS THE ONE WHICH HAD BEEN GIVEN BY DISPATCH. AT THAT TIME, WRITER ALSO OBSERVED ONE UNKNOWN BLACK MALE OPERATING THE VEHICLE AND ONE UNKNOWN WHITE MALE IN THE FRONT PASSENGER SEAT. WRITER DID NOT OBSERVE ANY OTHER OCCUPANTS IN THE VEHICLE. WRITER INITIATED A TRAFFIC STOP ON THE SUSPECT VEHICLE AT PARK AVENUE AND US HIGHWAY 41, SOUTHBOUND. THE SUSPECT VEHICLE CONTINUED SOUTHBOUND AT APPROXIMATELY 45 MILES PER HOUR (MPH) PACED BY PATROL UNIT 117 IN A POSTED 35 MPH SPEED ZONE. WRITER ACTIVATED ALL EMERGENCY LIGHTS AND SIREN WHERE THE SUSPECT VEHICLE CONTINUED SOUTHBOUND INSIDE OF CITRUS COUNTY WHERE AS THE DRIVER THEN TOSSED A SMALL PLASTIC BAGGIE FROM THE DRIVER SIDE WINDOW. THE SUSPECT VEHICLE CAME TO A STOP AT US HIGHWAY 41 NORTHBOUND AND G W CARVER LANE WHERE WRITER OBSERVED THE BLACK MALE SUSPECT PUTTING SOMETHING IN HIS MOUTH AND BEGIN CHEWING IT. WRITER REQUESTED ANY ADDITIONAL UNITS TO RESPOND AND ORDERED THE BLACK MALE SUSPECT FROM THE VEHICLE AT GUN POINT. THE BLACK MALE SUSPECT COMPLIED, EXITING THE VEHICLE, PLACING HIS HANDS ON TOP OF HIS HEAD AND GETTING ON HIS KNEES. THE WHITE MALE PASSENGER REMAINED IN THE VEHICLE AND COMPLIED WITH WRITER'S DIRECTIVES TO KEEP HIS HANDS ON THE CEILING OF THE VEHICLE. UPON ARRIVAL OF ADDITIONAL UNITS, BOTH MARION COUNTY AND CITRUS COUNTY SHERIFF'S OFFICES, WRITER SECURED THE SUSPECT/DRIVER IN HANDCUFFS, DOUBLE LOCKED, AT WHICH TIME WRITER NOTICED A WHITE ROCK-LIKE SUBSTANCE AROUND THE SUSPECT'S MOUTH. WRITER ASKED THE SUSPECT TO OPEN HIS MOUTH, AT WHICH POINT MORE OF THE SAME WHITE ROCK-LIKE SUBSTANCE WAS OBSERVED ON THE GUMS, TONGUE AND TEETH AREA. A SMALL AMOUNT OF THIS WHITE ROCK LIKE SUBSTANCE WAS ABLE TO BE RETRIEVED AND FIELD TESTED WITH A PRESUMPTIVE FIELD TEST KIT WHICH YIELDED POSITIVE RESULTS FOR TRACES OF COCAINE. PRIOR TO MIRANDA, THE BLACK MALE SUSPECT LISTED AS THE DEFENDANT, MR COREY EUGENE PATTERSON, SPONTANEOUSLY UTTERED "MAN, I DIDN'T MEAN TO RUN, I'VE GOT A WARRANT AND MY LICENSE IS SUSPENDED." THE DEFENDANT WAS ADVISED AT THAT TIME THAT HE WAS BEING PLACED UNDER ARREST AND WAS ADVISED OF HIS MIRANDA RIGHTS. POST MIRANDA, THE DEFENDANT DID ADMIT TO POSSESSION OF CRACK COCAINE AND COCAINE, TO ATTEMPTING TO SWALLOW AND DESTROY CRACK COCAINE,. THE DEFENDANT ADMITTED TO EATING A TWENTY DOLLAR ROCK OF CRACK COCAINE. THE DEFENDANT ALSO ADMITTED TO ATTEMPTING TO FLEE AND ELUDE FROM WRITER, AND TO TAMPERING WITH EVIDENCE BY TOSSING A CLEAR PLASTIC BAGGIE FROM THE MOVING VEHICLE WHICH WAS UNABLE TO BE LOCATED AND RETRIEVED. WRITER CONDUCTED A SEARCH AND INVENTORY OF THE LISTED VEHICLE WHICH REVEALED TWO CLEAR PLASTIC BAGGIES ON THE DRIVER SIDE FLOORBOARD AS WELL AS ONE ADDITIONAL LOOSE WHITE ROCK-LIKE SUBSTANCE BELIEVED TO BE CRACK COCAINE. THESE ITEMS WERE PHOTOGRAPHED IN PLACE AND PRESUMPTIVELY FIELD TESTED WHICH REVEALED POSITIVE RESULTS FOR COCAINE. A CHECK OF THE DEFENDANT'S LICENSE THROUGH MARION COUNTY TELETYPE REVEALED THE DEFENDANT SHOWS MULTIPLE SUSPENSIONS ON THE FOLLOWING DATES: ON 070506 FOR VIOLATION OF FLORIDA CHAPTER 893; ON 072406, REVOKED ONE YEAR; ON 081406, SUSPENDED FOR AN ADDITIONAL VIOLATION OF FLORIDA CHAPTER 893 AND FLEEING AND ELUDING LAW ENFORCEMENT. FURTHER INVESTIGATION REVEALED THE DEFENDANT CURRENTLY HOLDS AN ACTIVE WARRANT FOR HIS ARREST FROM MARION COUNTY SHERIFF'S OFFICE FOR FELONY VIOLATION OF PROBATION AS WELL AS THE DEFENDANT CURRENTLY STILL BEING ON PROBATION. THE VEHICLE THE DEFENDANT WAS DRIVING WAS RELEASED TO THE OWNER WHO WAS THE PASSENGER. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WITH TOTAL BOND SET AT $17,000.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
