| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR11121208) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO-WIT: THE DEFENDANT HAD ONE SCALE, TWO BAGS OF CANNABIS AND MULTIPLE EMPTY CLEAR PLASTIC ZIPLOC BAGGIES, WITH THE INTENT TO SELL THE SAID SUBSTANCE TO ANOTHER PERSON, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(2); DID UNLAWFULLY HAVE IN HIS 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: DIGITAL SCALE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1) ON 061111, AT APPROXIMATELY 1633 HOURS, I WAS TRAVELLING SOUTHBOUND ON SOUTH FLORIDA AVENUE WHEN I NOTICED THE DEFENDANT'S VEHICLE A SMALL GREY SEDAN TRAVELLING NORTHBOUND IN THE AREA OF EAST SUBURBAN LANE. AS I PASSED THE DEFENDANT, I NOTICED THAT THE DEFENDANT'S FRONT WINDSHIELD TINT EXCEEDED THE FEDERAL "AS1" LINE. I THEN NOTICED IN MY REARVIEW MIRROR THE DEFENDANT'S VEHICLE EXIT THE RIGHT SIDE OF THE HIGHWAY CROSSING THE FOG LINE ONTO THE GRASS AND BACK ONTO THE ROADWAY. AT THAT TIME, I TURNED AROUND AND PROCEEDED NORTHBOUND AND EFFECTED A TRAFFIC STOP ON SAID VEHICLE APPROXIMATELY 100 YARDS NORTH OF EAST SUBURBAN LANE. UPON MAKING CONTACT WITH THE DRIVER/DEFENDANT, I ADVISED HIM FIRST THAT I HAD PULLED HIM OVER DUE TO THE FACT THAT HE HAD RUN OFF ROADWAY AND HE STATED "THAT HE WASN'T PAYING ATTENTION". I THEN ASKED TO SEE HIS DRIVER'S LICENSE AND VEHICLE REGISTRATION, WHICH HE PROVIDED. I THEN ASKED THE DEFENDANT IF HE HAD ANY DRUGS, WEAPONS OR KNIVES LOCATED INSIDE THE VEHICLE. HE THEN STATED "NO MAN I'M ON PROBATION I DON'T DO THAT". AT THAT TIME DEPUTY BRIGGS ARRIVED ON SCENE AS MY BACKUP. I THEN ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE SO HE COULD STAND WITH DEPUTY BRIGGS WHILE I WROTE HIS CITATION. AT THAT TIME, THE DEFENDANT OPENED THE DRIVER'S SIDE DOOR FROM THE OUTSIDE HANDLE. I THEN NOTICED A SMALL WHITE OBJECT FALL FROM HIS HAND AS HE RELEASED THE HANDLE. I THEN ASKED HIM WHAT HE HAD DROPPED OUT OF HIS HAND TO WHICH HE STATED NOTHING. I THEN DETAINED THE DEFENDANT BY PLACING HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK AND HE CONTINUED TO STAND WITH DEPUTY BRIGGS. I THEN SEARCHED FOR THE SMALL WHITE OBJECT THAT HE HAD DROPPED ON THE GROUND; HOWEVER, I COULD NOT LOCATE IT. AT THAT TIME, I CONTACTED "K-9" DEPUTY ROWAND WHO HAD RESPONDED TO THE SCENE. DEPUTY ROWAND THEN DEPLOYED "K-9" TUCK WHO ALERTED ON THE DRIVER'S SIDE OF THE VEHICLE, AT WHICH TIME, DEPUTY ROWAND ADVISED ME OF THIS. I THEN COMPLETED THE DEFENDANT'S UNIFORM TRAFFIC CITATION (UTC) CITATION NUMBER 9113-GJX-X FOR FAILURE TO MAINTAIN A SINGLE LANE WITH A FINE AMOUNT OF NUMBER $166.00 PAYABLE TO THE CLERK OF COURTS OFFICE WITHIN 30 DAYS. AT THAT TIME, I APPROACHED THE DEFENDANT AND READ HIM HIS MIRANDA RIGHTS VIA PREPRINTED CARD. HE STATED HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH ME. I THEN ADVISED HIM THAT THE "K-9" HAD ALERTED ON HIS VEHICLE AND ASKED HIM IF HE WAS CARRYING ANY NARCOTICS. HE THEN STATED YES APPROXIMATELY ONE QUARTER POUND OF MARIJUANA AND IT WOULD BE LOCATED UNDER THE DRIVER'S SEAT. AT THAT TIME, "K-9" DEPUTY ROWAND AND I LOCATED ONE CROWN ROYAL BAG BETWEEN THE TWO FRONT SEATS, WHICH CONTAINED ONE CLEAR PLASTIC BAGGIE WITH APPROXIMATELY 20.2 GRAMS OF MARIJUANA. DIRECTLY BESIDE THIS WAS A SEPARATE CLEAR PLASTIC BAGGIE THAT CONTAINED APPROXIMATELY 116.4 GRAMS OF MARIJUANA. THIS BAGGIE HAD THE WORD "MINES" WRITTEN IN BLACK MAGIC MARKER ON IT. SEVERAL CLEAR PLASTIC ZIP LOCK BAGGIES AND AN UNKNOWN BRAND BLACK DIGITAL SCALE CONTAINING MARIJUANA RESIDUE WAS FOUND IN THIS LOCATION. I THEN ADVISED THE DEFENDANT HE WAS UNDER ARREST. HE WAS THEN SECURED IN MY PATROL AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) FOR BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED WITH THE KEYS IN IT PER THE DEFENDANT'S REQUEST. UPON ARRIVAL AT THE DETENTION FACILITY, I THEN ASKED THE DEFENDANT IF HE WOULD SPEAK WITH ME AGAIN TO WHICH HE STATED YES. I THEN ASKED HIM IF HE WAS SELLING THIS MARIJUANA AND HE STATED YES. I THEN ASKED HIM WHERE, HE STATED MOST OF HIS SALES WHERE IN THE HERNANDO COUNTY AREA. THE DEFENDANT WAS THEN TURNED OVER TO DETENTION STAFF. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $5,500.00 BOND PER THE BOND schedule. "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* |
