| Probable cause affidavit: |
SUBMITTED BY: MARSHALL, AIDAN 0453 (AR07004777) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193 AND 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 TWENTY GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B) AND 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: CANNABIS COMMONLY REFERRED TO AS MARIJUANA, SAID OBJECT BEING A MARIJUANA PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1). ON 082807 AT APPROXIMATELY 2248 HOURS I WAS TRAVELING SOUTHWEST ON WEST YULEE DRIVE, APPROACHING THE INTERSECTION OF WEST BRADSHAW STREET. AS I APPROACHED THE INTERSECTION, I OBSERVED A WHITE PICKUP TRUCK PASS THROUGH THE INTERSECTION, HEADING EASTBOUND ON WEST BRADSHAW STREET AT AN EXTREMELY HIGH RATE OF SPEED. I TURNED LEFT ON TO WEST BRADSHAW STREET IN AN ATTEMPT TO CATCH UP TO SAID VEHICLE. WHILE APPROACHING SOUTH SUNCOAST BOULEVARD, I OBSERVED THE VEHICLE FAIL TO STOP AT THE STOP SIGN ON WEST BRADSHAW STREET AND SOUTH SUNCOAST BOULEVARD. THE VEHICLE TURNED SOUTHBOUND ON TO SOUTH SUNCOAST BOULEVARD AND CONTINUED AT A HIGH RATE OF SPEED. I ALSO TURNED SOUTHBOUND ON TO SOUTH SUNCOAST BOULEVARD AND CONTINUED TO ATTEMPT TO CATCH UP TO THE VEHICLE. AT NO TIME WAS I ABLE TO ACTIVATE MY RADAR. WHILE NOT LOOSING SIGHT OF THE VEHICLE I WAS ABLE TO CATCH UP TO THE VEHICLE AT THE INTERSECTION OF SOUTH SUNCOAST BOULEVARD AND WEST CARDINAL STREET WHERE THE VEHICLE STOPPED IN THE LEFT TURN LANE AT A RED ARROW. WHILE BEHIND THE VEHICLE, I RAN THE VEHICLE'S TAG THROUGH FCIC/NCIC. WHILE RUNNING THE TAG, THE VEHICLE MOVED FORWARD FOUR DIFFERENT TIMES WHILE THE LIGHT WAS RED, FINALLY STOPPING IN THE MIDDLE OF THE INTERSECTION. AT THAT TIME, I ACTIVATED MY OVERHEAD LIGHTS AND THE VEHICLE CONTINUED TO TRAVEL EASTBOUND ON WEST CARDINAL STREET. AFTER ACTIVATING MY SIREN, THE VEHICLE IMMEDIATELY PULLED OVER ON THE RIGHT SIDE OF WEST CARDINAL STREET. IT SHOULD BE NOTED THAT PRIOR TO ACTIVATING MY OVERHEAD LIGHTS, I OBSERVED THE LEFT SIDE OF THE VEHICLE TO HAVE DAMAGE CONSISTING OF A BROKEN WINDOW, DENTED DOOR AND A BROKEN DOOR HANDLE. THE DAMAGE ON THE DRIVER SIDE APPEARED TO BE RECENT DUE TO THE FACT THAT A GREEN LEAF WAS STUCK TO THE SIDE OF THE DOOR. IT SHOULD ALSO BE NOTED THAT THE DRIVER SIDE MIRROR WAS BROKEN AND PUSHED FORWARD AND HANGING FROM THE MIRROR WAS A SMALL GREEN VINE. AT THAT TIME, I MADE CONTACT WITH THE DRIVER/DEFENDANT WHO IDENTIFIED HIMSELF AS MR DAVID COX. UPON ASKING MR COX FOR HIS DRIVER'S LICENSE AND VEHICLE REGISTRATION, I DETECTED AN ODOR OF ALCOHOLIC BEVERAGE EMITTING FROM THE DRIVER'S BREATH. MR COX HAD GLASSY BLOODSHOT EYES AND SPOKE WITH SLURRED SPEECH. WHILE STILL WAITING FOR MR COX TO RETRIEVE HIS DRIVER'S LICENSE AND THE VEHICLE REGISTRATION, I ASKED HIM IF HE HAD BEEN INVOLVED IN AN ACCIDENT, TO WHICH HE STATED HE HAD GONE OFF THE ROAD SOMEWHERE IN OLD HOMOSASSA AND SMASHED HIS TRUCK INTO A TREE. MR COX THEN ASKED ME WHY I WAS STILL STANDING AT HIS WINDOW, AT WHICH TIME I AGAIN ASKED FOR HIS DRIVER'S LICENSE AND THE VEHICLE REGISTRATION. MR COX STATED HE DID NOT HAVE HIS DRIVER'S LICENSE WITH HIM. HOWEVER, WHEN I POINTED TO HIS WALLET, WHICH WAS ON THE SEAT NEXT TO HIM, HE OPENED IT AND RETRIEVED HIS FLORIDA DRIVER'S LICENSE. I ASKED MR COX IF HE MINDED STEPPING OUT OF HIS VEHICLE AND WALKING BACK TO THE FRONT OF MY PATROL VEHICLE, TO which HE COMPLIED. IT SHOULD BE NOTED WHEN MR COX STEPPED OUT OF HIS VEHICLE HE WAS EXTREMELY UNSTEADY ON HIS FEET AND USED HIS VEHICLE TO MAINTAIN HIS BALANCE. WHILE MR COX WAS STANDING AT THE FRONT OF MY PATROL VEHICLE I COULD SEE INTO THE RIGHT FRONT POCKET OF MR COX SHORTS. I OBSERVED A PLASTIC ZIPLOC BAGGIE WHICH CONTAINED A GREEN LEAFY SUBSTANCE WHICH I RECOGNIZED TO BE MARIJUANA. I ASKED MR COX IF HE MINDED EMPTYING THE CONTENTS OF HIS POCKETS ONTO THE HOOD OF MY PATROL VEHICLE, TO WHICH HE COMPLIED. HE PLACED A ZIPLOC BAGGIE WHICH CONTAINED APPROXIMATELY FOUR GRAMS OF MARIJUANA AND A MULTI-COLORED METAL PIPE USED TO SMOKE MARIJUANA WHICH CONTAINED VISIBLE RESIDUE ON THE HOOD OF MY PATROL VEHICLE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. I NOTIFIED CORPORAL BONURA WHO RESPONDED TO THE AREA WHERE A TRAFFIC CRASH MIGHT HAVE OCCURRED. CORPORAL BONURA BOLO'D THE SURROUNDING AREA BUT WAS UNABLE TO LOCATE THE SCENE OF A TRAFFIC CRASH. THE MARIJUANA AND PIPE LOCATED ON THE DEFENDANT'S PERSON WAS FIELD TESTED AND YIELDED A POSITIVE RESULT FOR CANNABIS. DUE TO THE UNAVAILABILITY OF A BACKUP UNIT AS WELL AS THE DEFENDANT'S ACTIONS LEADING UP TO AND DURING THIS TRAFFIC STOP, ROADSIDE SOBRIETY TASKS WERE NOT CONDUCTED FOR THE SAFETY OF THIS DEPUTY AND THE DEFENDANT. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY DAVE'S BODY SHOP. WHILE AT THE DETENTION FACILITY, THE DEFENDANT WAS READ HIS MIRANDA WARNINGS AND IMPLIED CONSENT BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $1,500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 0472-EVY, FOR VIOLATION OF TRAFFIC CONTROL DEVICE, FAILING TO COME TO A COMPLETE STOP AT A POSTED STOP SIGN. THE DEFENDANT WAS ALSO ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 9242-XAI, FOR DRIVING UNDER THE INFLUENCE, WITH A MANDATORY COURT APPEARANCE ON 091307 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
