| Probable cause affidavit: |
SUBMITTED BY: SKINNER, RODNEY 0563 (AR11122915) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). ON 092611 AT APPROXIMATELY 1845 HOURS, I WAS CONDUCTING TRAFFIC ENFORCEMENT IN THE AREA OF BUSHNELL ROAD AND DANIELS ROAD WHEN I OBSERVED A BLACK DODGE DAKOTA PICKUP TRAVELING WESTBOUND ON BUSHNELL ROAD AT ABOVE THE POSTED SPEED LIMIT. I ESTIMATED THE VEHICLE WAS TRAVELING AT APPROXIMATELY 55 MILES PER HOUR IN THE POSTED 45 MILES PER HOUR ZONE. I ACTIVATED MY DECATUR GENESIS RADAR UNIT IN THE STATIONARY MODE AND RECEIVED A CLEAR CONSISTENT AUDIO DOPPLER TONE WITH A TARGET SPEED OF 54 MILES PER HOUR. I INITIATED A TRAFFIC STOP USING ALL EMERGENCY EQUIPMENT AND THE VEHICLE PULLED TO THE SHOULDER OF THE ROAD ON EAST ORANGE AVENUE AT THE INTERSECTION OF ANNIE TERRACE. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR DAVID CAUTHEN, AND REQUESTED A DRIVER LICENSE, PROOF OF INSURANCE AND VEHICLE REGISTRATION, WHICH HE THEN PROVIDED. I ADVISED MR CAUTHEN OF THE REASON FOR STOPPING HIM, STATING THAT HE WAS PULLED OVER FOR UNLAWFUL SPEED OF 54 MILES PER HOUR IN THE 45 MILES PER HOUR ZONE. MR CAUTHEN THEN STATED THAT HE DID NOT KNOW THE SPEED LIMIT WAS 45 MILES PER HOUR. I RETURNED TO MY PATROL VEHICLE AND RAN MR CAUTHEN THROUGH FCIC/NCIC, WHICH REVEALED THAT HE HAD A VALID DRIVER LICENSE AND HAD NO WANTS OR WARRANTS. I ALSO RAN HIS ONLY PASSENGER, MR DANNY BENAVIDEZ, WHO HAD A VALID TEXAS DRIVER LICENSE. I AGAIN MADE CONTACT WITH MR CAUTHEN AND HE WAS ISSUED WRITTEN WARNING NUMBER 326348B FOR UNLAWFUL SPEED. AT THAT TIME, I ASKED MR CAUTHEN WHERE HE WAS HEADED TO AND HE ADVISED HE WAS VISITING A FRIEND IN CITRUS COUNTY THAT HE HAD NOT SEEN IN AWHILE. MR CAUTHEN AND HIS PASSENGER, MR BENAVIDEZ, BOTH APPEARED TO BE VERY NERVOUS. I NOTICED MR BENAVIDEZ WOULD NOT MAKE EYE CONTACT AND BOTH SUBJECTS HANDS WERE SHAKING. I THEN ASKED MR CAUTHEN IF HE HAD ANY ILLEGAL DRUGS OR ANY TYPE OF WEAPONS IN THE VEHICLE. MR CAUTHEN INITIALLY STATED NO, HE HAD NOTHING ILLEGAL IN THE VEHICLE. I THEN ASKED FOR CONSENT TO SEARCH THE VEHICLE. MR CAUTHEN RECANTED HIS INITIAL STATEMENT AND ADVISED THAT HE HAD SOME MARIJUANA IN THE GLOVE COMPARTMENT. HE STATED THAT I COULD SEARCH THE VEHICLE AND THERE WAS NOTHING ELSE, BUT THE MARIJUANA IN THE GLOVE COMPARTMENT. MR CAUTHEN STATED THAT THERE WERE THREE PLASTIC BAGGIES CONTAINING THREE DIFFERENT TYPES OF MARIJUANA. I HAD BOTH MR CAUTHEN AND HIS PASSENGER EXIT THE VEHICLE AND STAND AT THE REAR OF HIS VEHICLE. I THEN READ MR CAUTHEN HIS MIRANDA WARNINGS FROM A PRE-PRINTED AGENCY CARD. HE STATED THAT HE UNDERSTOOD HIS RIGHTS AND WOULD ANSWER ANY QUESTIONS AND COOPERATE. I BEGAN A SEARCH OF THE INTERIOR OF THE VEHICLE AND LOCATED THREE SEPARATE CLEAR PLASTIC SANDWICH BAGS CONTAINING WHAT APPEARED TO BE THREE TYPES OF CANNABIS JUST AS MR CAUTHEN HAD EARLIER STATED. I DID NOT LOCATE ANY OTHER ILLEGAL CONTRABAND IN THE VEHICLE. THE CANNABIS WAS PLACED IN A BROWN PAPER BAG AND SECURED IN MY PATROL VEHICLE. MR CAUTHEN ADMITTED THAT THE CANNABIS BELONGED ONLY TO HIM AND THAT MR BENAVIDEZ HAD NO KNOWLEDGE OF THE DRUGS. HOWEVER, HE STATED THAT HE WAS ON HIS WAY TO A FRIEND'S RESIDENCE TO SMOKE THE MARIJUANA. MR CAUTHEN REFUSED TO STATE THE ADDRESS OR NAME OF THE FRIEND HE WAS GOING TO MAKE CONTACT WITH. MR CAUTHEN WAS PLACED UNDER ARREST FOR POSSESSION OF CANNABIS UNDER 20 GRAMS. HE WAS HANDCUFFED (DOUBLE LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. AT MR CAUTHEN'S REQUEST THE VEHICLE WAS TURNED OVER TO MR BENAVIDEZ. MR CAUTHEN WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND UPON ARRIVAL WAS TURNED OVER TO DETENTION STAFF FOR BOOKING AND PROCESSING. WHILE AT THE JAIL, THE CANNABIS WAS WEIGHED ON THE SCALE ALONG WITH THE BAGGIES, WHICH THE TOTAL WEIGHT WAS .13 GRAMS. THE DEFENDANT'S BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. THE THREE BAGGIES CONTAINING THE CANNABIS WAS PROPERLY PACKAGED AND LATER TURNED INTO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION AT THE OPERATIONS CENTER. THE TRAFFIC STOP WAS RECORDED ON MY IN-CAR VIDEO CAMERA SYSTEM. THE TRAFFIC STOP WAS DOWNLOADED ONTO DVD AND THE DISK WAS PACKAGED AND TURNED INTO THE EVIDENCE DIVISION. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
