Probable cause affidavit: |
SUBMITTED BY: FIELD, GEOFFREY 0336 (AR07100770) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN THE 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 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, SAID OBJECT BEING: A MULTICOLOR GLASS PIPE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1)(B). ON 121507 AT APPROXIMATELY 0254 HOURS, THIS DEPUTY RESPONDED TO THE 825 WEST MAIN STREET IN INVERNESS, IN REFERENCE TO A SUBJECT WHO APPEARED TO BE UNCONSCIOUS IN A GRAY IN COLOR, FORD PICKUP TRUCK. UPON MY ARRIVAL, I OBSERVED A NEWER MODEL FORD F-150 PICKUP GRAY IN COLOR SITTING AT THE GREEN LIGHT in the MIDDLE OF THE INTERSECTION. I OBSERVED THE DRIVER AND SOLE OCCUPANT OF THE VEHICLE (MR DAVID SHEPARD/DEFENDANT) SLEEPING INSIDE THE VEHICLE with his FOOT ON THE BRAKE, THE VEHICLE IN GEAR AND THE ENGINE RUNNING. UPON WAKING THE DEFENDANT, I ASKED HIM TO STEP OUT OF THE VEHICLE, TO WHICH HE COMPLIED. I ASKED HIM IF HE WAS UNDER THE INFLUENCE OF ANY ALCOHOL OR DRUG, TO WHICH HE ADVISED HE ONLY HAD A BEER. I ASKED IF HE HAD ANYTHING INSIDE HIS POCKETS HE SHOULD NOT HAVE, TO WHICH HE STATED HE HAD OXYCODONE. I ASKED THE DEFENDANT IF HE HAD A PRESCRIPTION FOR THE OXYCODONE, TO WHICH HE STATED "NO, HE GOT IT FROM HIS GRANDFATHER." I ASKED HIM IF I COULD SEARCH HIS POCKETS FOR ANY ILLEGAL DRUGS, TO WHICH HE STATED, "SURE, GO AHEAD." INSIDE THE DEFENDANT'S RIGHT FRONT POCKET WAS A CLEAR PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE, WHICH FROM MY TRAINING AND EXPERIENCE, I RECOGNIZED TO BE CANNABIS. I DID NOT LOCATE ANY OXYCODONE ON THE DEFENDANT'S PERSON. I ASKED IF I COULD SEARCH HIS VEHICLE, TO WHICH HE STATED, "GO AHEAD." INSIDE THE DEFENDANT'S VEHICLE I LOCATED A MULTICOLORED GLASS PIPE INSIDE THE CENTER CONSOLE, WHICH I RECOGNIZED FROM MY TRAINING AND EXPERIENCE TO BE USED TO SMOKE CANNABIS. I ASKED THE DEFENDANT TO CONTACT HIS MOTHER TO REMOVE HIS TRUCK FROM the SCENE. AFTER THE DEFENDANT'S MOTHER REMOVED HIS VEHICLE, THE DEFENDANT WAS ARRESTED FOR POSSESSION OF MARIJUANA, LESS THAN 20 GRAMS AND FOR POSSESSION OF DRUG PARAPHERNALIA. THE DEFENDANT WAS HANDCUFFED DOUBLE LOCKED BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. HE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING. HIS TOTAL BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. THE MARIJUANA WEIGHED APPROXIMATELY 1 GRAM AND TESTED POSITIVE FOR MARIJUANA. *NOT-EXEMPT* |