| Probable cause affidavit: |
SUBMITTED BY: AGUILERA, EMANUEL 1238 (AR15-17445) 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: A GLASS PIPE WITH METHAMPHETAMINE RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B). ON 120115 AT APPROXIMATELY 1034 HOURS, I WAS TRAVELING NORTHBOUND ON SOUTH ALABAMA AVENUE, WHEN I OBSERVED A SILVER DODGE PICKUP TRUCK TRAVELING EASTBOUND ON WEST FERN PLACE, APPROACHING THE INTERSECTION OF SOUTH ALABAMA AVENUE AND WEST FERN PLACE. I OBSERVED SAID VEHICLE FAIL TO COME TO A COMPLETE STOP AT THE STOP SIGN, LOCATED AT THE INTERSECTION OF WEST FERN PLACE AND SOUTH ALABAMA AVENUE. AT THAT TIME, THIS DEPUTY THEN GOT BEHIND SAID VEHICLE, BEARING TAG ESXF20, ACTIVATED MY OVERHEAD EMERGENCY EQUIPMENT (LIGHTS AND SIRENS), AND INITIATED A TRAFFIC STOP IN FRONT OF 3100 SOUTH ALABAMA AVENUE. UPON MAKING CONTACT WITH THE DRIVER, LATER IDENTIFIED AS THE WITNESS, MR KARLSON DAMRON, I ADVISED HIM THAT THE REASON FOR THE TRAFFIC STOP WAS DUE TO HIM FAILING TO COME TO A COMPLETE STOP AT THE TRAFFIC SIGN. I ASKED HIM FOR HIS LICENSE, REGISTRATION, AND PROOF OF INSURANCE. WHILE HE WAS LOOKING FOR THE ITEMS, I OBSERVED THE PASSENGER OF THE VEHICLE, LATER IDENTIFIED AS THE DEFENDANT, MR DANIEL GONZALES, TO BE VERY NERVOUS AND FIDGETY. I ASKED HIM IF HE HAD ANY FORM OF IDENTIFICATION ON HIM, TO WHICH HE ADVISED THAT HE DID NOT; HOWEVER, PROVIDED THIS DEPUTY WITH HIS NAME AND DATE OF BIRTH. AFTER THE DRIVER GAVE ME SAID DOCUMENTS THAT I HAD ASKED HIM FOR, I RAN BOTH INDIVIDUALS OVER TELETYPE TO VERIFY WHO THEY WERE. EVERY THING CHECKED OUT. I THEN MADE CONTACT WITH THE DRIVER OF THE VEHICLE AGAIN AND ADVISED HIM THAT I WOULD BE ISSUING HIM A WARNING FOR THE STOP SIGN. WHILE I WAS GETTING THE REQUESTED DOCUMENTS FROM HIM I OBSERVED THE WINDSHIELD TINT LINE TO BE EXCEEDING THE AS1 TINT LINE LEGAL LIMIT, WHERE I ADVISED HIM I WOULD GIVE HIM A WARNING FOR THAT INFRACTION AS WELL. I THEN ASKED THE DRIVER IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE, TO WHICH HE ADVISED THAT THERE WAS NOT AND CONSENTED TO SEARCH THE VEHICLE. DEPUTY MORAN (1246) THEN SHOWED UP ON SCENE. I ASKED BOTH THE WITNESS AND THE DEFENDANT TO STEP OUT OF THE VEHICLE WHERE THEY WERE PLACED AT THE FRONT OF MY PATROL VEHICLE. DEPUTY MORAN STOOD BY WITH THE DEFENDANT AND THE DRIVER. I CONDUCTED A HAND SEARCH OF THE VEHICLE, WHERE I LOCATED A GLASS PIPE INSIDE A BACKPACK, WHICH WAS LOCATED DIRECTLY BEHIND THE PASSENGER'S SEAT WHERE THE DEFENDANT WAS SITTING. THROUGH MY TRAINING AND EXPERIENCE I BELIEVED THE GLASS PIPE TO BE A PIPE COMMONLY USED TO SMOKE CRYSTAL METHAMPHETAMINE AND I DID OBSERVE IT TO HAVE RESIDUE INSIDE OF IT. I THEN RETURNED BACK TO THE FRONT OF MY PATROL VEHICLE AND ASKED WHO THE BAG BELONG TO, TO WHICH THE DEFENDANT ADVISED IT BELONG TO HIM. I ASKED HIM ABOUT THE PIPE, TO WHICH HE ADVISED HE FORGOT IT WAS IN THERE AND ADVISED THAT YES IT WAS HIS. I THEN READ HIM MIRANDA VIA A PREPRINTED CARD AND HE AGREED TO SPEAK WITH ME. DEPUTY MORAN HANDCUFFED THE DEFENDANT (DOUBLE LOCKED). AS I CONTINUED TO SPEAK WITH THE DEFENDANT, I ASKED HIM WHAT HE USED THE PIPE FOR. HE ADVISED THAT HE USED IT TO SMOKE CRYSTAL METHAMPHETAMINE OUT OF. I ASKED HIM WHEN THE LAST TIME HE SMOKED OUT OF IT WAS, AND HE ADVISED THAT HE SMOKED OUT OF IT LAST NIGHT. I ASKED IF HIS FINGERPRINTS WOULD BE LOCATED ON THE PIPE. HE ADVISED THAT DUE TO THE FACT THAT IT WAS HIS AND THAT HE HAD USED IT LAST NIGHT THAT HIS FINGERPRINTS WOULD BE ON THE PIPE. I ADVISED HIM THAT I WOULD BE PLACING HIM UNDER ARREST FOR POSSESSION OF DRUG PARAPHERNALIA. HE WAS THEN SEARCHED, PLACED IN THE REAR OF MY PATROL VEHICLE, TRANSPORTED TO DETENTION FACILITY, AND TURNED OVER TO STAFF. THE GLASS PIPE WAS TESTED, WHICH TESTED POSITIVE FOR THE PRESENCE OF METHAMPHETAMINE, AND WAS LATER TURNED IN TO EVIDENCE. THE DRIVER WAS ISSUED A WRITTEN WARNING, NUMBER 382923B, FOR THE AS1 TINT LINE VIOLATION AS WELL AS THE STOP SIGN VIOLATION. THE DEFENDANT'S BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. |
