| Probable cause affidavit: |
SUBMITTED BY: WEATHERFORD, DAVID 0710 (AR11118706) DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS COMMONLY REFERRED TO A MARIJUANA OVER 20 GRAMS BUT LESS THAN 50 POUNDS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); AND DID UNLAWFULLY HAVE IN HER 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: A ROACH CLIP, A GRINDER, ROLLING PAPERS, AND A PURE SILK MOISTURIZER SHAVING CREAM CANISTER WITH A CONCEALED DEPARTMENT ON THE BOTTOM USED TO CONCEAL CONTRABAND, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B). ON 010611, I RESPONDED AS BACKUP TO DEPUTY HORTON'S TRAFFIC STOP IN THE AREA OF NORTH SUNCOAST BOULEVARD AND NORTH CHAMPION POINT. UPON MY ARRIVAL, DEPUTY HORTON AND I APPROACHED THE PASSENGER SIDE OF THE VEHICLE AND ASKED THE DRIVER AND THE PASSENGER IF WE COULD SEARCH THE VEHICLE, TO WHICH THEY BOTH ADVISED YES. AT THAT TIME, I PULLED THE DEFENDANT/PASSENGER, LATER TO BE IDENTIFIED AS MS DAWN HITTNER, OUT OF THE VEHICLE. I THEN CONDUCTED A BRIEF PAT DOWN OF MS HITTNER'S PERSON AFTER HER CONSENT. THE DRIVER OF THE VEHICLE, MR AARON SKAATES, WAS TAKEN OUT OF THE VEHICLE BY DEPUTY HORTON AND PLACED IN THE REAR OF HIS PATROL VEHICLE DUE TO THE FACT THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING ON A SUSPENDED LICENSE. MS HITTNER WAS ASKED TO STAND AT THE FRONT OF MR HORTON'S PATROL VEHICLE WHICH WAS PARKED DIRECTLY BEHIND HER VEHICLE WITH DEPUTY HORTON. WHILE SEARCHING THE IMMEDIATE AREA OF WHERE THE DEFENDANT WAS SITTING, I OBSERVED A BLACK BUDWEISER LUNCHBOX SITTING ON THE FLOORBOARD. AT THAT TIME, I UNZIPPED THE LUNCHBOX AND LOOKED INSIDE AND PULLED OUT A ROUND PLASTIC TUPPERWARE CONTAINER WITH A BLUE TOP CONTAINING THREE MARIJUANA CIGARETTES AND LOOSE MARIJUANA. AT THAT TIME, I PLACED THE MARIJUANA BACK IN THE VEHICLE AND WALKED OVER TO WHERE THE DEFENDANT WAS STANDING WITH DEPUTY HORTON AND DETAINED THE DEFENDANT BY PLACING HER IN HANDCUFFS. AT THAT TIME, I INFORMED DEPUTY HORTON OF WHAT I HAD FOUND. DEPUTY HORTON THEN READ MS HITTNER HER MIRANDA RIGHTS. WHILE DEPUTY HORTON WAS READING THE MIRANDA RIGHTS THE DEFENDANT BECAME VERY UPSET AND STARTED TO CRY AND STATED, "I KNOW WHAT YOU FOUND." UPON COMPLETING THE READING OF THE MIRANDA RIGHTS MS HITTNER ADVISED US THAT SHE WOULD TALK TO US. WHEN I WALKED MS HITTNER OVER TO THE VEHICLE TO SHOW HER WHAT I HAD FOUND I PULLED OUT THE BLACK LUNCHBOX AND ASKED HER WHAT IT WAS. SHE ADVISED ME THAT IT WAS HER MARIJUANA. AT THAT TIME, I PLACED MS HITTNER IN THE REAR OF MY PATROL VEHICLE WHILE I COMPLETED A SEARCH OF THE VEHICLE. UPON SEARING THE REST OF THE LUNCHBOX THAT WAS LOCATED IN THE PASSENGER SEAT, I LOCATED A ROUND WHITE PLASTIC TUPPERWARE CONTAINER CONTAINING NUMEROUS PARTIAL MARIJUANA CIGARETTES COMMONLY REFERRED TO AS ROACHES. THERE WAS ALSO A SQUARE WHITE PLASTIC CONTAINER CONTAINING NUMEROUS SEEDS AND STEMS. ALSO LOCATED IN THE LUNCH BOX THERE WAS A SILVER MARIJUANA GRINDER WITH A BLACK EIGHT BALL ON THE TOP OF IT. ALSO LOCATED IN THE LUNCH BOX WAS A SILVER TWEEZER LIKE UTENSIL COMMONLY REFERRED TO AS A ROACH CLIP USED TO HOLD AND INGEST PARTIALLY SMOKED MARIJUANA CIGARETTES WITHOUT BURNING YOUR FINGERS. ALSO LOCATED IN THE LUNCH WAS A PURE SILK MOISTURIZING SHAVING CREAM CANISTER. AT THAT TIME, I WENT OVER TO THE DEFENDANT AND ASKED WHAT SHAVING CREAM WAS DOING IN HER MARIJUANA LUNCHBOX, TO WHICH SHE ADVISED ME THAT ON THE BOTTOM OF THE CANISTER THERE WAS A SPACE TO STORE CONTRABAND AND IT COULD BE ACCESSED BY UNSCREWING THE BOTTOM, BUT AT THAT TIME THERE WAS NO CONTRABAND IN THE CANISTER. UPON FURTHER SEARCHING THE VEHICLE I FOUND RIZLA ROLLING PAPERS IN THE CENTER CONSOLE, WHICH WAS ALSO TAKEN INTO CUSTODY WITH THE REST OF MARIJUANA AND CONTRABAND. AT THAT TIME, I REQUESTED A TOW TRUCK THROUGH TELETYPE. GREG'S TOWING RESPONDED AND IMPOUNDED THE VEHICLE. A TOW SHEET WAS COMPLETED AND SIGNED BY THE TOW TRUCK DRIVER. THE OWNERS OF THE VEHICLE, MS DEBORAH AND CLAUDE SKAATES WERE CALLED AND NOTIFIED THAT THEIR VEHICLE WAS TOWED AND THE PROPER INFORMATION ON HOW TO RETRIEVE THEIR VEHICLE. THE TWO DOGS THAT WERE IN THE VEHICLE THAT BELONGED TO THE DEFENDANT WERE PICKED UP BY ANIMAL CONTROL ON SCENE. THE DEFENDANT WAS THEN PLACED UNDER ARREST, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WHERE HER BOND WAS SET AT $2,500.00 PER THE BOND SCHEDULE. THE MARIJUANA WAS FIELD TESTED AND TESTED POSITIVE FOR MARIJUANA. THE CLEAR PLASTIC CONTAINER WITH THE BLUE LID CONTAINING THE THREE MARIJUANA CIGARETTES AND THE LOOSE MARIJUANA WEIGHED 16 GRAMS. THE WHITE ROUND PLASTIC TUPPERWARE CONTAINER THAT WAS LOCATED IN THE LUNCH BOX FULL OF PARTIALLY SMOKED MARIJUANA CIGARETTE WEIGHED 7.5 GRAMS, AND THE WHITE SQUARE PLASTIC TUPPERWARE CONTAINER WITH THE MARIJUANA SEEDS AND STEMS WEIGHED APPROXIMATELY 6.5 GRAMS. ALL MARIJUANA AND CONTRABAND WAS TURNED IN TO EVIDENCE AND THE TOW SHEET WAS TURNED IN TO RECORDS. "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* |
