| Probable cause affidavit: |
SUBMITTED BY: BERGEN, JOHN 0519 (AR10116736) DEFENDANT HAS AN ACTIVE HILLSBOROUGH COUNTY WARRANT, COURT CASE NUMBER 10CM006899, FOR POSSESSION OF MARIJUANA IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). ON 090810 AT APPROXIMATELY 2200 HOURS I OBSERVED A WHITE KIA STATION WAGON TURN INTO THE PARKING LOT OF THE SHELL STATION ON HIGHWAY 41 NORTH. I TURNED IN BEHIND THE VEHICLE, AT WHICH TIME IT STOPPED AND FOR APPROXIMATELY 10 SECONDS I WAS NOT ABLE TO ENTER THE PARKING LOT BECAUSE THE VEHICLE IN FRONT OF ME WAS PICKING UP A PEDESTRIAN WHO WAS WALKING DOWN THE ROAD. I FOLLOWED THE VEHICLE OUT THE BACK OF THE PARKING LOT, WHERE THE VEHICLE DID NOT STOP WHILE ENTERING THE ROADWAY. I THEN FOLLOWED THE VEHICLE, AT WHICH TIME I OBSERVED THE PASSENGER HE JUST PICKED UP WAS NOT WEARING A SEATBELT. I THEN INITIATED A TRAFFIC STOP IN THE PARKING LOT OF CVS ON HIGHWAY 44 IN INVERNESS. UPON APPROACHING THE VEHICLE, I RECOGNIZE BOTH SUBJECTS FROM PREVIOUS DEALINGS. I HAD ARRESTED THE DRIVER ONCE BEFORE. I ASKED FOR HIS DRIVER'S LICENSE AS WELL AS THE PASSENGER'S IDENTIFICATION. DETECTIVE BLAIR AND DEPUTY PHILLIPS HAD WALKED UP ON THE PASSENGER SIDE OF THE VEHICLE. THE DRIVER HANDED ME AN IDENTIFICATION CARD AND ADVISED ME THAT HIS DRIVER'S LICENSE HAD BEEN SUSPENDED. I AGAIN ASKED THE PASSENGER IF HE HAD ANY IDENTIFICATION. AT THAT TIME I NOTICED HE HAD A BLANK STARE, HIS EYES WERE GLOSSY AND HE APPEARED EXTREMELY NERVOUS. HE THEN PROVIDED HIS NAME AND DATE OF BIRTH AND BEGAN TO REACH INTO HIS RIGHT FRONT POCKET. I THEN WARNED HIM NOT TO REACH INTO HIS POCKET AND HE REMOVED HIS HAND. WHILE SPEAKING FURTHER WITH THE DRIVER, I AGAIN OBSERVED THE PASSENGER REACH INTO HIS FRONT POCKET. HE WAS AGAIN ASKED TO REMOVE HIS HAND FROM HIS POCKET, WHICH HE COMPLIED. I THEN OBSERVED A LARGE BULGE IN HIS RIGHT POCKET. I BEGAN TO SPEAK WITH THE DRIVER AND THE PASSENGER PUT HIS HAND IN HIS FRONT RIGHT POCKET. THIS TIME HE WAS ASKED TO REMOVE HIS HAND BY DETECTIVE BLAIR. HE HAD A VERY BLANK LOOK ON HIS FACE AND BEGAN TO DIG DEEPER INTO HIS POCKET. DETECTIVE BLAIR THEN GRABBED THE DEFENDANT'S ARM, AT WHICH TIME THE DEFENDANT PUSHED HIS ARM DEEPER INTO HIS POCKET, FAILING TO REMOVE IT. I THEN RESPONDED FROM THE DRIVER SIDE TO THE PASSENGER SIDE OF THE VEHICLE. WE OPENED THE DOOR, DETECTIVE BLAIR AND I REMOVED THE DEFENDANT'S HAND FROM HIS POCKET AND PLACED HIM ON THE GROUND. I THEN ASKED HIM TO PLACE HIS HANDS BEHIND HIS HEAD AND I THEN READ HIM HIS MIRANDA WARNING. HE ADVISED HE DID UNDERSTAND HIS RIGHTS AND DID WISH TO SPEAK TO ME. I ASKED WHY HE WAS REACHING IN HIS POCKET AND HE STATED "I HAVE SOME PILLS AND I HAVE A WARRANT". HE WAS THEN HANDCUFFED AND STOOD UP OFF THE GROUND. I THEN RESPONDED BACK TO THE DRIVER SIDE. BY THIS TIME I HAD RECEIVED CONFIRMATION THROUGH TELETYPE THAT THE DRIVER, DEFENDANT ONE, MR COLON, DID NOT HAVE A DRIVER'S LICENSE AND THE PASSENGER, DEFENDANT TWO, DID HAVE A WARRANT FOR POSSESSION OF MARIJUANA OUT OF HILLSBOROUGH COUNTY. THE DRIVER WAS ARRESTED AND ISSUED UNIFORM TRAFFIC CITATION NUMBER 2903-GJX-8, FOR DRIVING WHILE LICENSE SUSPENDED KNOWINGLY WITH A COURT DATE OF 092310 AT 1300 HOURS. THE PASSENGER, DEFENDANT TWO, WAS SEARCHED AND IN HIS POSSESSION WAS A BOTTLE OF 30 MILLIGRAM OXYCODONE TABLETS, WITH NO NAME ON IT; HOWEVER HE DID ADVISE THAT HE HAD A VALID PRESCRIPTION FOR IT. THROUGH A PAST DEALING WITH MR FRIES I WAS AWARE THAT HE DID HAVE A PRESCRIPTION FOR OXYCODONE. HE ALSO HAD A PRESCRIPTION WITH HIS NAME ON IT FOR 2 MILLIGRAM XANAX. DEFENDANT ONE'S BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. AND DEFENDANT TWO'S BOND WAS SET AT $5,000.00 PER THE WARRANT. "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* |
