| Probable cause affidavit: |
SUBMITTED BY: WILLIAMS, JUSTIN 0730 (AR14-10711) DID UNLAWFULLY AND KNOWINGLY HAVE IN HER 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 060814, AT APPROXIMATELY 2106 HOURS, I WAS ALREADY ON A TRAFFIC STOP ON THE SOUTHBOUND SIDE OF HIGHWAY 41, FACING SOUTHBOUND NEAR THE INTERSECTION OF KABRICH LANE. WHILE ON THIS TRAFFIC STOP, I OBSERVED A TWO DOOR MITSUBISHI ECLIPSE BEARING FLORIDA LICENSE PLATE CEXF65, PASS MY VEHICLE AT A HIGH RATE OF SPEED. BASED ON MY TRAINING AND EXPERIENCE, I WAS ABLE TO OBSERVE THAT THIS VEHICLE HAD NOT SLOWED DOWN 20 MILES PER HOUR BELOW THE SPEED LIMIT. THE VEHICLE ALSO PASSED VERY CLOSE TO MY PATROL VEHICLE AND PHYSICALLY CAUSED MY VEHICLE TO SHAKE AS IT WENT BY. AFTER THE TWO DOOR MITSUBISHI PASSED ME, I OBSERVED THE VEHICLE SWERVE TO THE RIGHT AND CROSS OVER THE FOG LINE WHILE TRAVELING SOUTHBOUND ON HIGHWAY 41. AT THAT TIME, I CLEARED THE CURRENT TRAFFIC STOP THAT I WAS ON AND ATTEMPTED TO CATCH UP TO THE TWO DOOR MITSUBISHI. I OBSERVED THE VEHICLE MAKE AN ABRUPT RIGHT TURN ONTO EAST JANE LANE, WHERE I WAS ABLE TO INITIATE A TRAFFIC STOP ON SAID VEHICLE NEAR THE INTERSECTION OF SOUTH BEDFORD ROAD AND EAST JANE LANE. UPON APPROACHING THE DRIVER/DEFENDANT, MR ADAM WIMBERLEY, HE PROVIDED ME WITH HIS DRIVER'S LICENSE BUT ADVISED THAT HE DID NOT HAVE THE REGISTRATION FOR THE VEHICLE. I WAS ABLE TO DETECT A STRONG ODOR OF ALCOHOL EMITTING FROM THE DEFENDANTâS PERSON. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING TONIGHT, TO WHICH HE ADVISED THAT HE HAD APPROXIMATELY FOUR TO FIVE BEERS. AT THAT TIME, DEPUTY BRIGGS RESPONDED TO MY TRAFFIC STOP TO CONDUCT A DUI INVESTIGATION IN REFERENCE TO CASE 14-78720. SEE HIS REPORT FOR FURTHER. IN THE PASSENGER SEAT WAS DEFENDANT TWO, MS DAWN BARNES. SHE ADVISED THAT THE VEHICLE USED TO BELONG TO HER BROTHER; HOWEVER HER BROTHER RECENTLY PASSED AWAY AND WILLED THE VEHICLE TO HER AND SHE HAS NOT YET HAD A CHANCE TO CHANGE THE VEHICLE INTO HER NAME. I ASKED DEFENDANT BARNES FOR CONSENT TO SEARCH THE VEHICLE AND SHE GAVE CONSENT FOR ME TO SEARCH THE VEHICLE. I ASKED DEFENDANT BARNES PRIOR TO SEARCHING IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE, TO WHICH SHE ADVISED THAT THERE WAS A MARIJUANA PIPE LOCATED IN THE CENTER CONSOLE. AT THAT TIME, DEPUTY CREEL ARRIVED ON SCENE AND ASSISTED IN CONDUCTING A SEARCH OF DEFENDANT BARNESâ VEHICLE. DEPUTY CREEL LOCATED TWO GLASS PIPES, AS WELL AS A SMALL CLEAR PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE, WHICH HAD A DISTINCT ODOR THAT THROUGH MY TRAINING AND EXPERIENCE I WAS ABLE IDENTIFY AS CANNABIS. DEFENDANT BARNES ADVISED ME THAT THE SUBSTANCE WAS CANNABIS AND IT BELONGED TO HER, ALONG WITH THE GLASS PIPES. DEFENDANT BARNES FURTHER ADVISED THAT SHE USES THE GLASS PIPES TO SMOKE THE CANNABIS. I THEN MADE CONTACT WITH DEFENDANT WIMBERLEY, WHO HAD ALREADY BEEN PLACED UNDER ARREST FOR DUI BY DEPUTY BRIGGS. I THEN READ DEFENDANT WIMBERLEY HIS MIRANDA RIGHTS VIA PREPRINTED AGENCY ISSUED CARD. THE DEFENDANT ADVISED THAT HE UNDERSTOOD HIS RIGHTS, AND WOULD WAIVE THEM TO SPEAK WITH ME. I THEN ASKED DEFENDANT WIMBERLEY WHO THE CANNABIS IN THE CENTER CONSOLE BELONGED TO. HE ADVISED THAT THEY BOTH USE GLASS PIPES TO SMOKE CANNABIS; HOWEVER THE TWO GLASS PIPES AND CANNABIS THAT WERE IN THE CENTER CONSOLE BELONGED TO HIM. AT THAT TIME I ADVISED DEFENDANT WIMBERLEY THAT HE WOULD ALSO BE CHARGED WITH POSSESSION OF MARIJUANA LESS THAN 20 GRAMS. DEFENDANT WIMBERLEY WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY BRIGGS FOR BOOKING AND PROCESSING. DEFENDANT BARNES WAS THEN ADVISED THAT SHE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF MARIJUANA LESS THAN 20 GRAMS. SHE WAS HANDCUFFED, (DOUBLE LOCKED), BEHIND HER BACK, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING BOTH DEFENDANTSâ BONDS WERE SET AT $1,000.00 EACH, FOR THE POSSESSION OF MARIJUANA LESS THAN 20 GRAMS CHARGE, PER THE BOND SCHEDULE. THE CANNABIS AND TWO GLASS PIPES WERE COLLECTED AND TURNED INTO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. THE CANNABIS CONTAINED IN THE CLEAR PLASTIC BAGGIE HAD AN APPROXIMATE TOTAL WEIGHT OF 4 GRAMS. |
