| Probable cause affidavit: |
SUBMITTED BY: BEHNEN, JONATHAN 0442 (AR09108885) DID OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT HE HAD BEEN DIRECTED TO STOP SUCH VEHICLE BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER, DID WILLFULLY REFUSE OR FAIL TO STOP SUCH VEHICLE IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(1); AND DID, KNOWING HIS DRIVER'S 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 STATUTE 322.34(2)(A); AND DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY BEHNEN, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: REFUSING TO PUT HIS HANDS BEHIND HIS BACK AS INSTRUCTED AND REFUSING TO ENTER THE REAR OF THE PATROL VEHICLE AS INSTRUCTED, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 050309 AT APPROXIMATELY 0827 HOURS, THIS DEPUTY WAS TRAVELING NORTH ON TALLAHASSEE ROAD IN THE AREA OF WEST YELLOW OAK LANE, WHEN I OBSERVED A BLACK IN COLOR PICKUP TRUCK TRAVELLING SOUTHBOUND ON TALLAHASSEE ROAD AT AN EXTREMELY HIGH RATE OF SPEED. I VISUALLY ESTIMATED THE VEHICLE SPEED TO BE BETWEEN 75 AND 80 MILES PER HOUR (MPH). I ACTIVATED MY RADAR, RECEIVED A CLEAR AUDIO DOPPLER TONE AND THE RADAR UNIT CONFIRMED THE VEHICLE TO BE TRAVELLING AT 75 MPH. I ALSO VERIFIED MY PATROL SPEED AS 31 MPH ACCORDING TO MY CERTIFIED VEHICLE SPEEDOMETER AND 31 MPH ACCORDING TO MY RADAR PATROL SPEED. THE SPEED LIMIT FOR THAT AREA OF TALLAHASSEE ROAD IS 30 MPH AND IS CLEARLY MARKED BY SPEED LIMIT SIGNS AT VARIOUS LOCATIONS ALONG THAT ROADWAY. AT THAT TIME, I ACTIVATED MY EMERGENCY LIGHTS AND SIREN, AND CONDUCTED A U-TURN, ATTEMPTING TO CATCH UP TO THE VEHICLE. WHILE BEHIND THE VEHICLE, THE VEHICLE CONTINUED AT AN EXTREMELY HIGH RATE OF SPEED AND UPON APPROACHING THE INTERSECTION OF NORTH TALLAHASSEE ROAD AND WEST STATE PARK STREET, THE VEHICLE FAILED TO STOP FOR THE POSTED STOP SIGN, AND TURNED LEFT ONTO WEST STATE PARK STREET. THE VEHICLE THEN QUICKLY TURNED RIGHT INTO THE REAR OF THE DAYS INN PARKING LOT, QUICKLY PULLING INTO A PARKING SPACE AND COMING TO A STOP WITH THIS DEPUTY IN HIS PATROL VEHICLE BEHIND THE LISTED VEHICLE. THE DRIVER (LATER IDENTIFIED AS THE DEFENDANT BY VERBAL ADMISSION) AND I EXITED OUR VEHICLES AT THE SAME TIME. IT APPEARED TO THIS DEPUTY THAT THE DEFENDANT WAS ATTEMPTING TO FLEE ON FOOT FROM HIS VEHICLE AND ENTER INTO ONE OF THE HOTEL ROOMS AS HE QUICKLY CLOSED HIS VEHICLE DOOR, AND QUICKLY TURNED HIS BACK FROM THIS DEPUTY FACING THE HOTEL. I THEN RAN TO THE DEFENDANT, AND GRABBED A HOLD OF HIM BEFORE HE HAD THE OPPORTUNITY TO RUN, AND IN AN ATTEMPT TO PLACE HIM INTO CUSTODY, A SHORT STRUGGLE ENSUED, AND THE DEFENDANT WAS QUICKLY PLACED INTO HANDCUFFS, BEHIND HIS BACK. DURING THE INITIAL STRUGGLE, A PASSENGER EMERGED FROM THE VEHICLE; HOWEVER THE PASSENGER/WITNESS PROVIDED NO OBSTRUCTION TO THIS DEPUTY DURING THE COURSE OF MY LEGAL DUTIES AND REMAINED COOPERATIVE. THE WITNESS ALSO VERBALLY ASSISTED THIS DEPUTY WITH TRYING TO GET THE DEFENDANT TO COOPERATE. UPON ATTEMPTING TO HAVE THE DEFENDANT ENTER INTO THE REAR OF MY PATROL VEHICLE, HE REFUSED TO PHYSICALLY ENTER THE VEHICLE DESPITE MY NUMEROUS DEMANDS AND THE ADVICE OF THE WITNESS. THE DEFENDANT HAD TO BE PHYSICALLY PUSHED INTO MY VEHICLE BY THIS DEPUTY. THE DEFENDANT THEN WOULD NOT PLACE HIS LEGS INSIDE THE VEHICLE TO ALLOW ME TO CLOSE THE DOOR. FINALLY AFTER REPEATED VERBAL COMMANDS BY MYSELF, AND THE ADVICE OF THE WITNESS, THE DEFENDANT DID PLACE HIS LEGS INSIDE MY PATROL VEHICLE AND THE REAR DOOR WAS THEN SECURED. UPON SPEAKING TO THE WITNESS, HE ADVISED HE WAS NOT AWARE OF THE ENTIRE INCIDENT AS HE WAS ASLEEP IN THE VEHICLE. THE WITNESS DID ADVISE THIS DEPUTY THAT THE DEFENDANT DID, AT ONE POINT, UPON ENTERING INTO THE PARKING LOT, WAKE THE WITNESS ADVISING THAT THE POLICE WERE BEHIND THEM. THE DEFENDANT DENIED ANY WRONG DOING IN REFERENCE TO THIS INCIDENT. UPON SPEAKING WITH THE DEFENDANT, IN AN ORDER TO OBTAIN HIS PERSONAL INFORMATION THAT WAS NECESSARY FOR THIS REPORT, HE ADVISED THIS DEPUTY THAT HE DID NOT HAVE A VALID LICENSE ISSUED TO HIM BY ANY STATE. UPON A SEARCH THRU NCIC/FCIC, IT DID REVEAL THAT THE DEFENDANT HAD A VALID ID CARD ONLY, THRU THE STATE OF TEXAS. IT FURTHER ADVISED THE DEFENDANT WAS "NOT ELIGIBLE" FOR A TEXAS DRIVER LICENSE, BUT DID NOT ADVISE OF A REASON. PER THE REQUEST OF THE DEFENDANT, THE LISTED VEHICLE WAS RELEASED TO THE WITNESS AT THE SCENE. BOTH THE DEFENDANT AND WITNESS ADVISED THEY SHARED A HOTEL ROOM AND WERE IN THIS COUNTY IN REFERENCE TO EMPLOYMENT PURPOSES. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT FURTHER INCIDENT. THE DEFENDANT'S BOND WAS SET AT $6,000 PER THE BOND SCHEDULE FOR THE OFFENSES LISTED. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION (UTC) NUMBER 9359-ESG FOR 75 MPH IN A 30 MPH ZONE, FLORIDA UTC NUMBER 9358-ESG, FOR FLEEING AND ATTEMPTING TO ELUDE LAW ENFORCEMENT, FLORIDA UTC NUMBER 9360-,ESG FOR OPERATION OF A MOTOR VEHICLE WITH NO DRIVER LICENSE, ALL WITH A MANDATORY COURT DATE OF 052109 AT 1300 HOURS, AND FLORIDA UTC NUMBER 9361-ESG, FOR FAILURE TO STOP AT A POSTED STOP SIGN, A MOVING VIOLATION, WITH A FINE OF $151.00 DOLLARS PAYABLE WITHIN 30 DAYS TO THE CITRUS COUNTY CLERK OF COURTS. DUE TO THE SHORT DISTANCE IN WHICH THIS ENTIRE INCIDENT OCCURRED, THIS DEPUTY DID NOT PUSH THE RECORD BUTTON OF MY IN CAR VIDEO SYSTEM, THEREFORE, THERE IS NO VIDEO RECORDING OF THIS INCIDENT. NO FURTHER ACTION TAKEN BY THIS DEPUTY. *NOT-EXEMPT* |
