| Probable cause affidavit: |
SUBMITTED BY: BERGEN, JOHN 0519 (AR2560) THE DEFENDANT, MR DALTON RANDALL OWENS, DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). THE DEFENDANT, MR DALTON RANDALL OWENS, DID UNLAWFULLY HAVE IN HIS 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: ROLLING PAPERS, A DIGITAL SCALE, AND PLASTIC SEALING BAGS, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ON 083112, DEPUTY NEAL (0676) AND I WERE TRAVELING NORTHBOUND ON COUNTY ROAD 495. AT THE INTERSECTION OF DUNKLIN STREET, WE PULLED INTO THE CONVENIENCE STORE. UPON LEAVING, WE TRAVELED EAST BOUND ON DUNKLIN STREET. I OBSERVED IN FRONT OF OUR VEHICLE, A CREAM COLORED, DODGE MAGNUM, BEARING LICENSE PLATE TAG NUMBER V015KW. I COMMENTED TO DEPUTY NEAL THAT THE VEHICLE APPEARED TO BE EXCEEDING THE POSTED LIMIT OF 35 MILES PER HOUR. DEPUTY NEAL LOOKED AT THE CERTIFIED SPEEDOMETER IN OUR VEHICLE WHICH SHOWED THE VEHICLE TO BE TRAVELING AT 46 MILES PER HOUR AS WE WERE PACING IT. WE THEN CONDUCTED A TRAFFIC STOP NEAR THE INTERSECTION OF DUNKLIN STREET AND HAMILTON ROAD. DEPUTY NEAL APPROACHED THE VEHICLE FROM THE DRIVERâS SIDE, AND I ON THE PASSENGERâS SIDE. I OBSERVED THE DEFENDANT TO BE VISIBLY SHAKING, AND SWEATING PROFUSELY. DEPUTY NEAL NOTICED THIS AS WELL, AND ASKED HIM WHY HE WAS SO NERVOUS. THE DEFENDANT STATED THAT HE WAS JUST SCARED. AS THE DEFENDANT WAS GETTING HIS DRIVERS LICENSE OUT OF HIS WALLET, HE REMOVED A PACK OF ROLLING PAPERS, AND PLACED THEM IN HIS LAP. DEPUTY NEAL ADVISED HIM THE REASON FOR THE STOP; AND I ASKED THE DEFENDANT IF HE KNEW THE SPEED LIMIT WAS ONLY 35, AND HE SAID HE HAD NOT REALIZED IT. DUE TO THE DEFENDANTâS NERVOUS BEHAVIOR AND THE ROLLING PAPERS HE REMOVED FROM HIS WALLET, WE ASKED IF HE HAD ANY NARCOTICS IN THE VEHICLE, AND HE SAID HE DID NOT. K-9 DEPUTY HRYC (0701) THEN ARRIVED ON SCENE AT OUR REQUEST AND WALKED HIS K-9 PARTNER ZEUS AROUND THE VEHICLE. DEPUTY HRYC ADVISED US THAT ZEUS DID GIVE A POSITIVE ALERT TO THE ODOR OF NARCOTICS. THE DEFENDANT AT THAT POINT STATED THAT HE DID IN FACT HAVE APPROXIMATELY ONE GRAM OF COCAINE IN THE VEHICLE. I THEN PLACED HIM IN HANDCUFFS AND DEPUTY NEAL BEGAN SEARCHING THE VEHICLE. WHILE STANDING WITH THE DEFENDANT I READ HIM HIS MIRANDA WARNINGS AND HE ADVISED THAT HE DID UNDERSTAND THEM AND DID AGREE TO CONTINUE SPEAKING WITH ME. I SAW DEPUTY NEAL REMOVE A SMALL DIGITAL SCALE AND A BOX OF BAKING SODA FROM THE VEHICLE AT WHICH TIME I ASKED THE DEFENDANT IF HE SOLD COCAINE OR USED IT, AND HE TOLD ME HE ONLY USES IT. DEPUTY NEAL FINISHED SEARCHING THE VEHICLE AND LOCATED THE ONE BAG OF COCAINE THE DEFENDANT TOLD US ABOUT, THE DIGITAL SCALE, THE ROLLING PAPERS, AND TWO OTHER EMPTY PLASTIC BAGGIES FOR PACKAGING NARCOTICS. THE COCAINE WAS FIELD TESTED AND DID INDICATE POSITIVE RESULTS. THE COCAINE AND PARAPHERNALIA WAS PACKAGED TO TURN INTO EVIDENCE. I ASKED THE DEFENDANT WHO OWNED THE VEHICLE HE WAS DRIVING AND HE TOLD ME IT BELONGED TO HIS PARENTS. HE ALSO INDICATED THAT THEY DID NOT KNOW THAT HE WAS CARRYING DRUGS IN THE VEHICLE. DEPUTY NEAL WAS ABLE TO GET THE DEFENDANTS MOTHER ON THE PHONE AND SHE AGREED TO COME TO THE SCENE TO GET IT. WE WAITED UNTIL SHE ARRIVED AND TURNED THE KEYS OVER TO HER. THE DEFENDANT WAS TRANSPORTED BY DEPUTY HOLTZHOUSE (0616) TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT. THE DEFENDANT WAS CHARGED WITH POSSESSION OF A CONTROLLED SUBSTANCE AND POSSESSION OF PARAPHERNALIA WITH A TOTAL BOND OF $5,500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO ISSUED CITRUS COUNTY SHERIFF'S OFFICE WARNING NUMBER 352477B, FOR UNLAWFUL SPEED OF 46 MILES PER HOUR IN A 35 MILES PER HOUR ZONE. |
