| Probable cause affidavit: |
SUBMITTED BY: HRYC, CHRISTOPHER 0701 (AR13-4803) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO-WIT: 216 GRAMS OF CANNABIS, WITH THE INTENT TO SELL THE SAID SUBSTANCE TO ANOTHER PERSON, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(2) ON 031113, WHILE TRAVELING SOUTHBOUND ON SOUTH ROCK CRUSHER ROAD, NEARING THE INTERSECTION OF WEST MINUTEMAN STREET, I OBSERVED A SINGLE VEHICLE APPROACHING ME. I ESTIMATED THE VEHICLEâS SPEED TO BE APPROXIMATELY 61 MILES PER HOUR (MPH) IN A POSTED 50 MPH ZONE. I THEN ACTIVATED MY FRONT MOVING DECATUR RADAR ANTENNA, AND I RECEIVED A CLEAR AUDIO DOPPLER TONE, AND A VISUAL READOUT OF 60 MPH. AS THE VEHICLE WENT BY, I NOTICED IT WAS A BEIGE IN COLOR, FORD SUV, WITH A WHITE MALE DRIVER, WHO WAS LATER IDENTIFIED AS THE DEFENDANT, MR DANIEL MORAETES. WHEN THE VEHICLE PASSED MY LOCATION, THE DRIVER IMMEDIATELY HIT THE BRAKES, WHICH WAS OBVIOUS BECAUSE THE BRAKE LIGHTS THEN CAME ON. I IMMEDIATELY CONDUCTED A U-TURN WITH MY EMERGENCY EQUIPMENT, LIGHTS AND SIREN, ACTIVATED. THE VEHICLE THEN MADE AN ABRUPT RIGHT TURN ON TO WEST CINNAMON RIDGE DRIVE, AND THE VEHICLE THEN TURNED INTO THE FIRST HOUSE ON THE RIGHT. I THEN EXITED MY VEHICLE, AND MADE CONTACT WITH THE DRIVER/DEFENDANT, AT THE DRIVERâS SIDE DOOR, I IMMEDIATELY DETECTED AN ODOR, WHICH I RECOGNIZED THROUGH MY TRAINING AND EXPERIENCE TO POSSIBLY BE CANNABIS. I EXPLAINED TO THE DEFENDANT THAT I STOPPED HIM BECAUSE OF HIS UNLAWFUL SPEED. THE DEFENDANT IMMEDIATELY STATED THAT HE WAS AT HIS GRANDMOTHERâS HOUSE, AND TO PLEASE LET HIM GO. I OBSERVED THE DEFENDANT TO BE EXTREMELY NERVOUS, AND FIDGETY. THE DEFENDANT CONTINUED TO PLEAD WITH ME TO LET HIM GO. DUE TO THE FACT THAT THE DEFENDANT WAS ACTING SUSPICIOUSLY AND THAT I COULD SMELL THE ODOR OF CANNABIS, I ASKED HIM TO STEP OUT FROM HIS VEHICLE, TO PAT HIM DOWN FOR WEAPONS, DUE TO MY EXPERIENCE THAT DRUGS AND WEAPONS GOING HAND IN HAND. I COULD FEEL IN THE DEFENDANTâS RIGHT FRONT POCKET AN UNKNOWN AMOUNT OF MONEY FOLDED UP. I THEN DEPLOYED MY CERTIFIED CANINE DETECTION CANINE PARTNER, ZEUS, FOR A 360 DEGREE SNIFF OF THE FREE AND OPEN AIR AROUND THE BEIGE IN COLOR, FORD SUV BEARING FLORIDA LICENSE PLATE NUMBER ALGG01 OCCUPIED SOLELY BY THE DEFENDANT. ZEUS WAS BROUGHT TO THE BACK BUMPER, AND WORKED IN A COUNTER CLOCKWISE DIRECTION. AT THE PASSENGERâS SIDE DOOR SEAM, ZEUS SHOWED A NOTICEABLE DIFFERENCE (ND) AND ALERTED TO THE ODOR OF NARCOTICS. ZEUS WAS THEN RESECURED IN MY PATROL VEHICLE. AS I BEGAN TO SEARCH THE VEHICLE, THE DEFENDANT TOLD ME, âJUST LOOK IN THE CENTER CONSOLE, THERE IS ENOUGH WEED IN THERE TO PUT ME IN JAIL.â AS I OPENED THE CENTER CONSOLE, THERE WERE 2 LARGE FREEZER BAGS OF A GREEN LEAFY SUBSTANCE WHICH, THROUGH MY TRAINING AND EXPERIENCE, I RECOGNIZED TO POSSIBLY TO CANNABIS. THE SUBSTANCE IN THE BAGS WERE FIELD TESTED IN SEPARATE AGENCY ISSUED CANNABIS TEST KITS, WHICH BOTH TEST YIELDED A POSITIVE REACTION FOR THE PRESENCE OF CANNABIS. A FURTHER SEARCH OF THE VEHICLE YIELDED NO OTHER CONTRABAND, OTHER THAN A SINGLE ROLLED UP CANNABIS CIGARETTE COMMONLY REFERRED TO AS A BLUNT. I THEN READ THE DEFENDANT HIS MIRANDA WARNINGS VIA A PRE PRINTED AGENCY ISSUED CARD. THE DEFENDANT STATED HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH ME. I ASKED IF THE CANNABIS WAS HIS, AND THE DEFENDANT STATED THAT IT WAS NOT, AND THAT HE PICKED IT UP FOR SOMEONE, AND WAS TAKING IT TO SOMEONE ELSE TO MAKE A COUPLE HUNDRED DOLLARS. THE DEFENDANT ALSO WAS FOUND TO HAVE $780.00 DOLLARS OF US CURRENCY IN HIS POCKET. I ASKED THE DEFENDANT IF HE HAD A JOB, AND HE STATED THAT HE BUYS AND SELLS STORAGE UNITS TO MAKE MONEY. I ASKED HIM IF HE MADE ALL OF THE CASH TODAY FROM BUYING AND SELLING STORAGE UNITS, AND HE STATED THAT HE HAD NOT. THE DEFENDANT ADVISED THAT HE HAD SOLD SOME THINGS ON EBAY, AND COLLECTED MONEY VIA PAYPAL, WHICH IS AN ONLINE PAYING SERVICE FOR GOODS. THE DEFENDANT THEN SHOWED ME HIS PAYPAL BALANCE ON HIS IPHONE; IT SHOWED A BALANCE OF 735.00 DOLLARS. DUE TO THE FACT THAT I HAVE USED PAYPAL BEFORE, AND I KNOW IT MIGHT TAKE A FEW DAYS TO CLEAR TO YOUR BANK ACCOUNT IF IT HAS BEEN ADDED, I ASKED IF HIS PAYPAL ACCOUNT IS AN INSTANT ACCOUNT. HE STATED THAT IT WAS NOT INSTANT AND THAT HIS MOTHER HAD GIVEN HIM THE CASH EQUAL TO THE AMOUNT OF HIS PAYPAL ACCOUNT UNTIL THE MONEY CLEARED INTO HIS BANK ACCOUNT. I THEN ASKED IF THE DEFENDANT HAD USED ANY OF THE CASH IN HIS POCKET FOR ANY DRUG TRANSACTION, AND HE STATED IT HAD NOT. I THEN CONTACTED THE DEFENDANTâS MOTHER, TO PICK UP HIS VEHICLE DUE TO THE FACT THAT THE DEFENDANT ADMITTED THAT THE HOUSE HE PULLED IN TO WAS NOT HIS GRANDMOTHERS HOUSE. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR POSSESSION WITH INTENT TO SELL; HE WAS THEN HANDCUFFED, DOUBLE LOCKED, BEHIND HIS BACK, AND SECURED IN DEPUTY CRIDLAND PATROL VEHICLE. WHEN HIS MOTHER, WITNESS, MS FRIED ARRIVED ON SCENE, I ASKED HER IF SHE HAD GIVEN THE DEFENDANT THE MONEY THAT HE HAD IN HIS POCKET, AND SHE STATED SHE HAD GIVEN HIM SOME MONEY, BUT NOTHING CLOSE TO $780.00. THE WITNESS ADVISED THAT SHE WAS UNSURE OF HOW MUCH SHE HAD ACTUALLY GIVEN THE DEFENDANT THAT DAY. SHE ESTIMATED IT TO POSSIBLY BE CLOSER TO $200.00. THE VEHICLE WAS TURNED OVER TO THE WITNESS. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. ONCE AT THE CITRUS COUNTY DETENTION FACILITY, I CONDUCTED A SECOND INTERVIEW, AND I ASKED THE DEFENDANT IF HE STILL UNDERSTOOD HIS RIGHTS, TO WHICH HE STATED HE DID. I ASKED IF HE STILL WISHED TO SPEAK WITH ME, HE STATED HE WOULD. I WENT OVER THE EVENTS THAT OCCURRED THAT I STOPPED HIM FOR SPEEDING; HIS PULLED INTO A HOUSE THAT HE STATED BELONGED TO HIS GRANDMOTHER, BUT IN THE END WAS NOT HIS GRANDMOTHER; AND THE FACT THAT I COULD SMELL AN ODOR THAT RECOGNIZED TO POSSIBLY BE CANNABIS TO BE EMANATING FROM HIS VEHICLE. I THEN ASKED HIM TO STEP FROM HIS VEHICLE AND WALKED MY CANINE PARTNER AROUND HIS VEHICLE. I ASKED HIM IF THE SET OF EVENTS THAT I EXPLAINED WERE ACCURATE, AND THE DEFENDANT STATED THEY WERE. I ASKED IF AS I BEGAN TO SEARCH HIS VEHICLE, THAT HE HAD TOLD ME WHERE THE CANNABIS WAS, AND THE DEFENDANT STATED HE DID. WHEN CONFRONTED ABOUT HIS MOTHER STATING SHE DID NOT GIVE HIM THE CASH THAT WAS IN HIS POCKET, THE DEFENDANT STATED THAT THERE IS NO WAY I COULD PROVE THAT THE MONEY WAS DRUG MONEY. I COMPLETED A FORFEITURE NOTICE FOR THE $780.00 WHICH WAS EXPLAINED TO THE DEFENDANT. HE STATED THAT HE UNDERSTOOD BUT WOULD NOT SIGN THE DOCUMENT. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE, WITH INTENT TO SELL; WITH HIS BOND SET AT $5,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A CITRUS COUNTY SHERIFF'S OFFICE WRITTEN, WARNING NUMBER 358538B, FOR UNLAWFUL SPEED. THE CANNABIS WAS WEIGHED, AND THE FIRST BAG WEIGHED APPROXIMATELY 94 GRAMS. THE SECOND LARGE BAG WEIGHED 121 GRAMS. THE CANNABIS CIGARETTE WEIGHED APPROXIMATELY 1 GRAM; FOR A TOTAL WEIGHT OF APPROXIMATELY 216 GRAMS. ALL EVIDENCE WAS PACKAGED AND TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION BY THIS DEPUTY. . |
