| Probable cause affidavit: |
SUBMITTED BY: SUDLOW, JAMES 0759 (AR13-8130) (13-162191) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: DIAZEPAM, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); AND DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS 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 112513, I RESPONDED TO THE AREA OF SOUTH SUNCOAST BOULEVARD and WEST LONGFELLOW STREET IN HOMOSASSA IN REFERENCE TO BACKING UP K-9 DEPUTY VIGGIANO ON A TRAFFIC STOP. UPON MY ARRIVAL, I MADE CONTACT WITH DEPUTY VIGGIANO WHO STATED HE PULLED THE VEHICLE OVER FOR SPEEDING, 68 MILES PER HOUR (MPH) IN A 55 MPH SPEED ZONE. I THEN APPROACHED the PASSENGER SIDE OF VEHICLE WHERE I WATCHED the DRIVER AND PASSENGER WHILE DEPUTY VIGGIANO WAS GATHERING THEIR INFORMATION. DEPUTY VIGGIANO THEN RETURNED TO HIS PATROL VEHICLE AND RAN BOTH INDIVIDUALS. AFTER RUNNING BOTH INDIVIDUALS, DEPUTY VIGGIANO ASKED IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE, TO WHICH BOTH the DRIVER AND PASSENGER STATED NO. DEPUTY VIGGIANO THEN DEPLOYED CANINE CONAN FOR AN EXTERIOR SNIFF OF the VEHICLE. DEPUTY VIGGIANO ADVISED THAT CANINE CONAN SHOWED A NOTICEABLE ALERT ON THE PASSENGER SIDE OF THE VEHICLE. AFTER DEPUTY VIGGIANO SECURED CANINE CONAN, I ASKED THE PASSENGER, LATER IDENTIFIED AS THE DEFENDANT, MR DEREK ADAMS, TO EXIT the VEHICLE. I THEN ASKED MR ADAMS IF HE WOULD CONSENT TO ME SEARCHING HIM, TO WHICH HE STATED YES. WHILE SEARCHING the DEFENDANT, I LOCATED A SMALL PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE, WHICH DUE TO MY TRAINING AND EXPERIENCE; I IDENTIFIED THIS AS MARIJUANA, IN HIS RIGHT FRONT POCKET. I THEN ASKED the DEFENDANT IF THERE WAS ANYTHING ELSE ON HIM OR IN the VEHICLE, TO which HE STATED NO. I THEN ASKED the DRIVER, MS JOSETTE SHAMBEAU, TO EXIT THE VEHICLE AND IF SHE WOULD GIVE ME CONSENT TO SEARCH HER, TO WHICH SHE STATED YES. I INSTRUCTED THE DEFENDANT AND MS SHAMBEAU TO STAND BY MY PATROL VEHICLE WHILE I SEARCHED THEIR VEHICLE. WHILE SEARCHING THE VEHICLE, I LOCATED A SMALL METAL AMMUNITION BOX IN THE BACKSEAT. I ASKED MS SHAMBEAU WHOSE BOX IT WAS AND SHE STATED IT WAS NOT HERS. HOWEVER, THE DEFENDANT STATED IT WAS HIS. I THEN ASKED IF I could SEARCH THE BOX, TO which the DEFENDANT STATED YES. UPON SEARCHING THE BOX, I LOCATED ANOTHER PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE, WHICH DUE TO MY TRAINING AND EXPERIENCE, IDENTIFIED THIS AS MARIJUANA. ALSO LOCATED IN THE BOX WAS A SMALL PLASTIC BAGGIE CONTAINING NINE 5 MILLIGRAM DIAZEPAM PILLS, IDENTIFIED BY âDRUGS.COMâ. I THEN ASKED THE DEFENDANT IF HE CURRENTLY HAS OR EVER HAD A PRESCRIPTION FOR DIAZEPAM, TO WHICH HE STATED NO. THE DEFENDANT STATED HE GETS THE PILLS FROM A FRIEND because HE WORKS CONSTRUCTION AND CANNOT SLEEP. AT THAT TIME, I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF A CONTROLLED SUBSTANCE AND POSSESSION OF CANNABIS UNDER 20 GRAMS. ALL EVIDENCE WAS PACKAGED BY THIS DEPUTY AND TURNED INTO EVIDENCE. THE DEFENDANT WAS TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WHERE HE WAS CHARGED WITH ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE AND ONE COUNT OF POSSESSION OF CANNABIS UNDER 20 GRAMS. BOND WAS SET AT A TOTAL OF $2,500.00, PER THE BOND SCHEDULE. |
