| Probable cause affidavit: |
SUBMITTED BY: SUDLOW, JAMES 0759 (AR17-23201) (17-44748) did knowingly AND WILLFULLY be in the actual or constructive possession of a controlled substance, to-wit: 2.0 GRAMS OF CANNABIS AND A USED PARTIAL CANNABIS CIGARETTE; in violation of Florida Statute 893.13(6)(B). DID UNLAWFULLY HAVE IN HIS/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 ZIPLOC BAGGY CONTAINING CANNABIS; IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 032917, WHILE CONDUCTING A SECURITY CHECK ON FOOT PATROL AT THE BICENTENNIAL PARK BASEBALL FIELDS LOCATED AT 501 NORTH BASEBALL POINT, IN CRYSTAL RIVER, I SMELLED THE ODOR OF MARIJUANA COMING FROM THE SKATE PARK. WHILE EN ROUTE TO THE SKATE PARK, I WAS INFORMED BY NUMEROUS PARENTS THAT THEY ALSO SMELLED THE ODOR OF MARIJUANA AND THAT KIDS WERE EVEN COMPLAINING THAT SOMETHING SMELLED FUNNY. UPON ARRIVAL TO THE SKATE PARK, A WHITE MALE SUBJECT/DEFENDANT, MR DAVID BECCIA, NOTICED ME APPROACHING HIM. THE DEFENDANT REACHED DOWN TO THE GROUND BY HIS TELEPHONE AND PICKED UP WHAT WAS LATER DETERMINED TO BE A USED PARTIAL CANNABIS CIGARETTE. THE DEFENDANT THEN SAT DOWN. WHILE APPROACHING, I OBSERVED THERE TO BE APPROXIMATELY FIVE CHILDREN UNDER THE AGE OF SEVEN HANGING AROUND THE DEFENDANT. UPON MAKING CONTACT WITH THE DEFENDANT, I ASKED IF HE WAS SMOKING ANY MARIJUANA, TO which HE REPLIED NO. I ASKED IF I COULD SEARCH HIS PERSON. the DEFENDANT STATED THAT I COULD AND HE STOOD UP. WHILE TURNING HIS BACK TO ME, THE DEFENDANT MOVED THE CANNABIS CIGARETTE FROM HIS RIGHT HAND TO HIS LEFT HAND AND DROPPED IT ON THE GROUND IN FRONT OF HIM. AT THAT TIME, I ASKED THE DEFENDANT WHAT HE JUST DROPPED, TO WHICH HE REPLIED âA JOINT.â I THEN ASKED THE CHILDREN TO MOVE AWAY. I ASKED THE DEFENDANT IF HE HAD ANY MORE MARIJUANA ON HIM OR IN HIS VEHICLE. THE DEFENDANT ADVISED THAT HE BELIEVED HE HAD A BAG LOCATED IN HIS VEHICLE. WE RESPONDED TO THE DEFENDANTâS VEHICLE IN THE PARKING LOT WHERE THE DEFENDANT GAVE PERMISSION FOR ME TO SEARCH HIS VEHICLE. UPON SEARCHING THE VEHICLE, I LOCATED A CLEAR PLASTIC BAGGY CONTAINING A GREEN LEAFY SUBSTANCE WHICH, THROUGH MY TRAINING AND EXPERIENCE, I IDENTIFIED AS CANNABIS. THE CONTENTS OF THE CLEAR PLASTIC BAGGY AND THE CANNABIS CIGARETTE WERE TESTED USING AN AGENCY ISSUED CANNABIS TEST KIT, WHICH YIELDED A POSITIVE RESULT. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, (DOUBLE LOCKED), BEHIND THE BACK, SECURED IN THE REAR OF MY PATROL VEHICLE, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANTâS BOND WAS SET AT $1,000.00 FOR POSSESSION OF A CANNABIS (LESS THAN 20 GRAMS) AND $1,000.00 FOR POSSESSION OF DRUG PARAPHERNALIA, FOR A TOTAL BOND OF $2,000.00, PER THE BOND SCHEDULE. PRIOR TO LEAVING THE SCENE, THE DEFENDANTâS VEHICLE WAS LEFT WITH A FRIEND ON SCENE, PER THE DEFENDANTâS REQUEST. |
