| Probable cause affidavit: |
SUBMITTED BY: LAKATIS, KENNETH 0585 (AR12-1389) (12-99219) DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: METHADONE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN HER 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: A PLASTIC TUBE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 053112 AT APPROXIMATELY 0600 HOURS, MEMBERS OF THE TACTICAL IMPACT/VICE NARCOTICS UNIT EXECUTED A SEARCH WARRANT SIGNED BY THE HONORABLE JUDGE KAUTZ AT 440 NE 9TH STREET APARTMENT 7 IN CRYSTAL RIVER IN REFERENCE TO THE POSSESSION AND SALES OF NARCOTICS FROM THAT RESIDENCE. AFTER THE SWAT TEAM HAD CLEARED, MEMBERS OF THE UNIT RESPONDED TO THE APARTMENT AS I WALKED THROUGH THE PARKING LOT OF THE APARTMENT COMPLEX. WHILE WALKING THROUGH THE PARKING LOT I OBSERVED A 2007 TOYOTA CAMRY PARKED CATTYCORNER TO THE APARTMENT COMPLEX CLOSEST TO APARTMENT 7. BELIEVING THAT IT BELONGED TO ONE OF THE INDIVIDUALS THAT WERE DETAINED IN THE APARTMENT, I RAN THE FLORIDA TAG THAT WAS ATTACHED TO THAT VEHICLE. TELETYPE ADVISED THAT THE VEHICLE BELONGED TO THE DEFENDANT, MS COURTNEY SIMMONS. I THEN WENT INTO THE APARTMENT AND ASKED IF ANY OF THE INDIVIDUALS WERE NAMED COURTNEY. THE DEFENDANT STATED YES AND THAT IT WAS HER CAR. AT THE SAME TIME, DETECTIVE BERGEN ASKED THE DEFENDANT FOR SOME TYPE OF IDENTIFICATION. THE DEFENDANT STATED THAT HER DRIVER'S LICENSE WAS IN HER PURSE WHICH WAS IN HER CAR OUTSIDE. PRIOR TO WALKING FROM THE APARTMENT BACK TO THE CAR, DEPUTY PHILLIPS HAD WALKED HIS K-9 KENO AROUND THE VEHICLE AND ADVISED ME OF A POSITIVE ALERT OF THE ODOR OF NARCOTICS EMITTING FROM THAT VEHICLE. ONCE WE ARRIVED AT THE VEHICLE, I OPENED THE DOOR AND ALLOWED THE DEFENDANT TO RETRIEVE HER DRIVER'S LICENSE. WHILE DOING SO, I EXPLAINED TO HER THAT THE K-9 HAD ALERTED TO THE ODOR OF NARCOTICS AND ASKED HER IF THERE WAS ANY REASON FOR THE DOG TO ALERT ON HER VEHICLE AND/OR IF SHE HAD ANY NARCOTICS INSIDE THE VEHICLE. THE DEFENDANT STATED THAT SHE DOES NOT DO DRUGS AND THAT THERE WERE NO DRUGS IN HER VEHICLE. SHE THEN TOLD ME THAT I COULD SEARCH HER VEHICLE BECAUSE SHE WAS ADAMANT THAT THERE WERE NO NARCOTICS INSIDE IT. I THEN SEARCHED THE VEHICLE TO INCLUDE THE DEFENDANT’S PURSE AND MAKEUP BAG. I DID FIND SEVERAL PRESCRIPTION NON-NARCOTIC PILLS PRESCRIBED TO THE DEFENDANT. I ALSO SEARCHED THE CONSOLE OF THE VEHICLE WHERE I DISCOVERED A PIECE OF CELLOPHANE CONTAINING HALF OF A PILL. THE PILL WAS BROKEN IN HALF, HOWEVER, I COULD SEE THAT IT WAS MARKED WITH AN “M” WITHIN A BOX AND ON THE OTHER SIDE WAS A 54. WITH THIS INFORMATION, I DETERMINED THAT IT WAS A METHADONE PILL WHICH IS A CONTROLLED SUBSTANCE PER FLORIDA STATUTE. I ALSO LOCATED IN THE CENTER CONSOLE, A CLEAR PLASTIC TUBE CONTAINING WHITE RESIDUE. DUE TO MY TRAINING AND EXPERIENCE; IT WAS BELIEVED THAT THIS TUBE IS USED TO SNORT NARCOTICS (CRUSHED PILLS AND/OR POWDER). I THEN ASKED THE DEFENDANT IF SHE HAD BEEN READ HER MIRANDA RIGHTS, AT WHICH TIME SHE STATED YES. I THEN ASKED HER IF SHE HAD A PRESCRIPTIONS FOR METHADONE, TO WHICH SHE SAID THAT SHE DID NOT. I ASKED HER IF SHE COULD EXPLAIN WHY I HAD DISCOVERED A METHADONE PILL IN HER CAR ALONG WITH A TUBE WHICH IS USED TO SNORT IT, TO WHICH SHE STATED THAT IT WAS NOT HERS AND THAT SHE DOES NOT USE DRUGS BUT ONLY DRINKS HEAVILY. SHE THEN TOLD ME THAT THE OTHER GIRL IN THE APARTMENT HAD BORROWED HER CAR THREE TIMES THE NIGHT BEFORE AND HAD PROBABLY LEFT IT IN HER VEHICLE. WHEN I SPOKE TO THE OTHER FEMALE WHO WAS ALSO READ HER MIRANDA, SHE STATED THAT SHE HAD BORROWED THE CAR TO GO TO TWO DIFFERENT GAS STATIONS AND THE LIQUOR STORE TO BUY THE DEFENDANT MORE ALCOHOL. HOWEVER, SHE DID NOT LEAVE ANY NARCOTICS IN THE CAR. SHE ALSO TOLD ME THAT SHE DOES NOT USE NARCOTIC PAIN PILLS. I AGAIN SPOKE WITH THE DEFENDANT ABOUT THE PREVIOUS CONVERSATION, HOWEVER THE DEFENDANT CONTINUED TO DENY ANY KNOWLEDGE OF THE CONTROLLED SUBSTANCE WHICH WAS IN PLAIN VIEW IN HER CENTER CONSOLE ALONG WITH THE PLASTIC TUBE. AT THAT TIME I EXPLAINED TO THE DEFENDANT THAT SHE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF A CONTROLLED SUBSTANCE AND POSSESSION OF DRUG PARAPHERNALIA. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT’S BOND WAS SET AT $5,500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO GIVEN A FORFEITURE NOTICE IN REFERENCE TO HER 2007 TOYOTA CAMRY WHICH SHE WAS IN POSSESSION OF DURING THE COMMISION OF A FELONY. |
