| Probable cause affidavit: |
SUBMITTED BY: ANSTEAD, LAURA 0459 (AR08101403) DID THEN AND THERE UNLAWFULLY HAVE IN (A) ACTUAL OR CONSTRUCTIVE POSSESSION OF A CERTAIN HABIT-FORMING, TOXIC, HARMFUL, NEW OR LEGEND DRUG SUBJECT TO SECTION 499.003, FLORIDA STATUTES, MORPHINE SULFATE, WITHOUT HAVING OBTAINED SAID DRUG BY A VALID PRESCRIPTION, IN VIOLATION OF FLORIDA STATUTE 499.03(1). ON 012508 AT APPROXIMATELY 0515 HOURS, I WAS CONDUCTING A COMMERCIAL SECURITY PATROL OF HIGHWAY 44 EAST OF CRYSTAL RIVER APPROXIMATELY ONE HALF MILE WEST OF CRYSTAL OAKS DRIVE WHEN I OBSERVED A RED PASSENGER VEHICLE TRAVELING EAST. THE VEHICLE'S TAG LIGHT WAS INOPERABLE AND I WAS NOT ABLE TO SEE A TAG ON THE VEHICLE. I TURNED AROUND AND PULLED UP BEHIND THE VEHICLE AND WAS STILL UNABLE TO SEE A LIGHT ILLUMINATING THE TAG. I ACTIVATED MY OVERHEAD LIGHTS AND CONDUCTED A TRAFFIC STOP. I APPROACHED THE DRIVER'S SIDE OF THE VEHICLE WHERE I OBSERVED THE DRIVER, WHO WAS LATER IDENTIFIED AS THE DEFENDANT MR DAVID MONTE JOHNS BY HIS FLORIDA DRIVER'S LICENSE NUMBER J520173734480. I ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE AND REGISTRATION, TO WHICH HE PROVIDED AND I INFORMED HIM OF THE REASON FOR THE STOP. I RETURNED TO MY PATROL VEHICLE TO RUN THE VEHICLE AND THE DEFENDANT THROUGH NCIC/FCIC, WHICH REVEALED THAT THE DEFENDANT'S DRIVER'S LICENSE HAD BEEN SUSPENDED JULY, 2007 FOR FAILURE TO PAY A TRAFFIC CITATION. DEPUTY JOHN BERGEN ARRIVED ON SCENE AS BACKUP. I RETURNED TO THE DEFENDANT AND ADVISED HIM OF WHAT I HAD FOUND, AT WHICH TIME, HE ADVISED THAT HE HAD FORGOTTEN ABOUT THE SPEEDING TICKET AND WAS NOT AWARE HIS LICENSE HAD BEEN SUSPENDED. AT THAT TIME, I ADVISED THE DEFENDANT THAT I WAS PART OF THE SHERIFF'S OFFICE K-9 UNIT AND ASKED HIM IF HE HAD ANY GUNS, KNIVES OR CONTRABAND IN THE VEHICLE. THE DEFENDANT ADVISED THAT HE HAD AN UNLOADED SHOTGUN IN THE TRUNK OF THE VEHICLE AND ALSO ADVISED THAT HE DID HAVE NARCOTICS in the VEHICLE. I THEN ASKED THE DEFENDANT WHAT TYPE OF NARCOTICS, TO WHICH HE STATED SOME PAIN PILLS. I ASKED THE DEFENDANT WHERE THEY WERE LOCATED, AT WHICH TIME HE TAPPED HIS RIGHT HAND ON HIS CENTER CONSOLE AND STATED THEY WERE IN HERE I ASKED THE DEFENDANT IF HE WOULD HAND THEM TO ME, AT WHICH TIME, HE OPENED THE CENTER CONSOLE AND REMOVED A PLASTIC BAGGIE CONTAINING FOUR ROUND BLUE PILLS WITH THE IMPRESSION OF AN "M" SURROUNDED BY A SQUARE ON ONE SIDE AND A 15 ON THE OTHER. I ASKED THE DEFENDANT WHAT TYPE OF PILLS they WERE, TO WHICH HE ADVISED A PAIN KILLER AND THAT HE DID NOT know WHICH TYPE. I THEN ASKED IF HE HAD A PRESCRIPTION FOR THEM, TO WHICH HE ADVISED NO THAT HE HAD GOTTEN THEM FROM A FRIEND FOR HIS BACK. AT THAT TIME I ASKED THE DEFENDANT TO STEP OUT OF HIS VEHICLE. DEPUTY BERGEN PLACED THE DEFENDANT IN HANDCUFFS SECURED BEHIND HIS BACK, DOUBLE LOCKED AND DEPUTY BERGEN CONDUCTED A PAT-DOWN FOR ANY OTHER CONTRABAND. I THEN CONDUCTED A SEARCH INCIDENT TO ARREST OF THE VEHICLE, WHICH REVEALED NO OTHER CONTRABAND. THE SHOTGUN WAS UNLOADED AND WAS REGISTERED TO THE DEFENDANT'S DECEASED GRANDMOTHER. THE DEFENDANT WAS TRANSPORTED BY DEPUTY BERGEN TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT WAS ISSUED A CITATION, NUMBER 2758-ETP, FOR UNKNOWINGLY OPERATION A MOTOR VEHICLE WITH A SUSPENDED DRIVER'S LICENSE AND A CRIMINAL CITATION, NUMBER 2759-ETP, FOR FELONY POSSESSION OF A CONTROLLED SUBSTANCE WHILE IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WITH A MANDATORY COURT DATE OF 021508 . THE DEFENDANT WAS ALSO ISSUED A WARNING CITATION, NUMBER 203248B, FOR THE INOPERABLE TAG LIGHT. THE DEFENDANT SIGNED BOTH OF THE CITATIONS ACKNOWLEDGING RECEIPT OF THE COPIES. PRIOR TO TRANSPORTING THE DEFENDANT, THE BLUE PILLS WERE RESEARCHED ON AN INTERNET WEB SITE, DRUGS.COM, WHICH DID CONFIRM THE PILLS TO BE A MORPHINE SULFATE WHICH IS A CONTROLLED SUBSTANCE. DUE TO the DEFENDANT'S COOPERATION AND HONESTY HIS BOND WAS SET AT $500.00 *NOT-EXEMPT* |
