| Probable cause affidavit: |
SUBMITTED BY: WEST, JAMES 1286 (AR 15-17050)(15-142811) 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). DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). ON 103115, AT APPROXIMATELY 1440 HOURS I WAS PATROLLING THE AREA OF WEST CARDINAL STREET, HOMOSASSA. I WAS ADVISED BY DEPUTY DEARDEN (0363) TO BE ON THE LOOKOUT FOR A NEWER VOLKSWAGEN JETTA BECAUSE IT WAS DRIVING ERRATICALLY. I OBSERVED A VEHICLE MATCHING THE DESCRIPTION OF THE VEHICLE BEARING FLORIDA LICENSE PLATE CNTH43, TRAVELING EASTBOUND ON CARDINAL STREET. THE VEHICLE THEN TURNED SOUTH ON SOUTH THRESHOLD POINT WHERE THE VEHICLE PULLED IN TO A DRIVEWAY WITH A LOCKED GATE AT 7435 SOUTH THRESHOLD POINT. I PULLED OVER ON TO THE SIDE OF THE ROAD IN THAT AREA AND CONDUCTED A CONSENSUAL ENCOUNTER. I OBSERVED THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR COREY WHEELER, EXIT THE VEHICLE. I ASKED THE DEFENDANT IF I COULD SPEAK TO HIM FOR A MOMENT HAD HAD STATED ââYESââ. I ASKED THE DEFENDANT IF HE HAD ANY IDENTIFICATION ON HIM AND HE STATED ââNO.ââ I ASKED THE DEFENDANT IF HE AND A VALID DRIVER'S LICENSE AND HE RESPONDED ââNO.ââ THE DRIVER THEN FLICKED WHAT APPEARED TO BE A CIGAR THEN SPONTANEOUSLY UTTERED, ââFUCK IT, LETâS GO TO JAIL.ââ AS THE DEFENDANT WALKED TOWARDS THE FRONT OF MY VEHICLE, I INFORMED HIM THAT AT THIS TIME I WAS CONDUCTING A TRAFFIC STOP DUE TO THE KNOWLEDGE I GAINED THAT HE DOES NOT HAVE A VALID DRIVER'S LICENSE. AS THE DEFENDANT WALKED IN FRONT OF ME TOWARDS MY VEHICLE, I DETECTED THE ODOR OF CANNABIS AT WHICH POINT I REALIZED THAT THE CIGARETTE/CIGAR THE DEFENDANT FLICKED AWAY WAS WHAT IS REFEREED TO AS A CANNABIS âBLUNTâ. AT THAT POINT I PLACED THE DEFENDANT IN HANDCUFFS, SEARCHED HIM, AND SECURED HIM IN THE REAR SEAT OF MY PATROL VEHICLE. I ADVISED DEPUTY DEARDEN, WHO WAS ON SCENE, OF THE AREA WHERE I OBSERVED THE DEFENDANT FLICK THE âBLUNTâ. DEPUTY DEARDEN WALKED OVER THE AREA AND COLLECTED THE CANNABIS âBLUNTâ. CONTACT WAS MADE WITH THE OWNER OF THE PROPERTY WHO ADVISED HE DID KNOW THE DEFENDANT AND THE VEHICLE WAS RELEASED TO HIM. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION A1P2ILP FOR DRIVING WHILE LICENSE SUSPENDED KNOWINGLY. I INFORMED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR DRIVING WHILE LICENSE SUSPENDED KNOWINGLY AND POSSESSION OF CANNABIS LESS THAN 20 GRAMS. THE DEFENDANT WAS TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $1,000.00 FOR POSSESSION OF CANNABIS LESS THAN 20 GRAMS AND $500.00 FOR DRIVING WHILE LICENSE SUSPENDED KNOWINGLY, FOR A TOTAL BOND OF $1,500.00 PER THE BOND SCHEDULE THE CANNABIS WAS COLLECTED AND TURNED IN TO EVIDENCE. |
