| Probable cause affidavit: |
SUBMITTED By: HRYC, CHRISTOPHER 0701 (AR11119436) did unlawfully traffic in or endeavor to traffic in property that THE DEFENDANT knew or should have known was stolen, to-wit: A HIGHPOINT MODEL 09 LUGER 9MM HANDGUN, the property of MR AARON SIMMONS, in violation of Florida Statute 812.019(1); did then and there unlawfully carry a concealed weapon or electric weapon or device on or about HIS person, to-wit: A HIGHPOINT MODEL 09 LUGER 9MM HANDGUN, in violation of Florida Statute 790.01(1); 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 021811, I OBSERVED A GMC BLUE VAN TRAVELLING NORTHBOUND ON SOUTH GROSS AVENUE WHICH HAD AN INOPERABLE TAG LIGHT. I INITIATED A TRAFFIC STOP AT SOUTH GROSS AVENUE AND WEST LERCHEN COURT. I THEN MADE CONTACT WITH THE DRIVER/WITNESS BRET PERRY AND ADVISED HIM THE REASON FOR THE STOP. AFTER I ISSUED WITNESS PERRY TWO WRITTEN WARNINGS ONE FOR THE INOPERABLE TAG LIGHT AND THE OTHER FOR HIS DRIVER'S LICENSE BEING SUSPENDED OR REVOKED, I ASKED IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE TO WHICH HE STATED "NO THERE WAS NOT". I ASKED WITNESS PERRY IF HE WOULD MIND IF I SEARCHED HIS VAN AND HE STATED IT WOULD NOT BE AN ISSUE AND THAT I COULD. WITNESS PERRY, WITNESS GRAVES, WITNESS BRESCE AND DEFENDANT MILLER WERE ALL ASKED TO STEP OUT OF THE VEHICLE AND AFTER CONDUCTING A PAT DOWN ON ALL FOUR SUBJECTS I BEGAN TO SEARCH THE VEHICLE. AFTER SEARCHING THE FRONT DRIVER AREA WHERE WITNESS PERRY AND WITNESS GRAVES WERE SITTING IT YIELDED WITH NEGATIVE RESULTS ON ANY CONTRABAND. I THEN MADE MY WAY TO THE MIDDLE OF THE VAN WHERE THERE ARE TWO INDIVIDUAL RECLINING TYPE SEATS WITH A SPACE IN BETWEEN. IN THE SPACE BETWEEN THE TWO SEATS WAS A BROWN LADIES PURSE. I PICKED UP THE PURSE, SHOWED IT TO ALL FOUR PASSENGERS AND ASKED WHO IT BELONGED TO. WITNESS BRESCE STATED THAT IT WAS HERS AND THAT I COULD LOOK THROUGH IT. AS I LOOKED THROUGH THE PURSE I DID FIND TWO SMALL PLASTIC BAGGIES CONTAINING, DUE TO MY TRAINING AND EXPERIENCE, TO BE WHAT I RECOGNIZED TO POSSIBLY BE MARIJUANA. AT THAT TIME I PLACED BOTH SMALL BAGGIES ON TOP OF THE VEHICLE AND FINISHED THE SEARCH OF WITNESS BRESCE'S PURSE AND DID NOT FIND ANY OTHER CONTRABAND. AS WITNESS BRESCE SAW THE TWO PLASTIC BAGGIES, SHE STATED THAT THEY WERE NOT HERS AND DID NOT KNOW HOW THEY GOT IN THERE. LOCATED IN BETWEEN THE TWO SEATS WAS ALSO A SMALL BOOK BAG STYLE PINK BAG. I PICKED THAT BAG UP AND SHOWED IT TO ALL FOUR PASSENGERS. I ASKED WHO IT BELONGED TO AND WITNESS BRESCE STATED THAT IT WAS HERS AND THAT I COULD LOOK THROUGH IT. SHE STATED THAT ALL THAT SHOULD BE IN THERE WOULD BE BATHROOM ITEMS DUE TO THE FACT THAT SHE WAS FROM HUDSON AND THAT SHE AND HER BOYFRIEND/DEFENDANT MILLER HAD COME UP FROM HUDSON WITH THE OTHER TWO PASSENGERS TO GO OUT ON THE RIVER FOR PRESIDENTS DAY. AS I PICKED THE PINK BAG UP I NOTICED THAT IT WAS EXTREMELY HEAVY. I ONCE AGAIN ASKED IF THERE WAS ANY CONTRABAND OR WEAPONS IN THE BAG AND WITNESS BRESCE STATED THAT THERE WAS NOT. AS I UNZIPPED THE BOOK BAG I IMMEDIATELY RECOGNIZED A BLACK HANDGUN. AS I PULLED THE HANDGUN OUT OF THE BAG, DEFENDANT MILLER BEGAN TO UNCONTROLLABLY CRY, SHOUTED THAT IT WAS HIS AND THAT HE ONLY CARRIES IT FOR PROTECTION. IT SHOULD BE NOTED THAT BOTH BAGS WERE SITTING IN BETWEEN THE TWO SEATS AND WERE EXTREMELY ACCESSIBLE TO BOTH THE WITNESS BRESCE AND DEFENDANT MILLER. BOTH BAGS WERE LESS THAN AN ARMS LENGTH AWAY FROM THE BOTH OF THEM. AS I PULLED THE GUN OUT OF THE BAG I EJECTED THE MAGAZINE AND DISCOVERED THERE WAS NOTHING IN THE CHAMBER AND THE MAGAZINE WAS LOADED WITH HOLLOW POINT BULLETS SIMILAR TO WHAT THIS DEPUTY IS ISSUED. AT THAT TIME, I READ DEFENDANT MILLER AND WITNESS BRESCE THEIR MIRANDA WARNINGS VIA PREPRINTED CARD. THEY BOTH STATED THAT THEY UNDERSTOOD THEIR RIGHTS AND THAT THEY WISHED TO ANSWER QUESTIONS AND WANTED TO SPEAK TO ME. WHEN ASKED ABOUT THE MARIJUANA WITNESS BRESCE STATED THAT SHE HAD NO IDEA THAT IT WAS IN HER PURSE. DEFENDANT MILLER STATED THAT IT WAS HIS AND THAT HE HAD PUT IT IN HER PURSE EARLIER THAT AFTERNOON. WHEN ASKED ABOUT THE GUN, WITNESS BRESCE DENIED KNOWING ABOUT IT AND SHE WAS EXTREMELY SURPRISED THAT THE GUN WAS IN HER BAG. DEFENDANT MILLER STATED THAT HE HAD ALSO PUT THE GUN IN HER BOOK BAG WITHOUT HER KNOWLEDGE. I ASKED DEFENDANT MILLER WHERE HE HAD GOTTEN THE GUN AND HE STATED THAT HE HAD BOUGHT IT FROM A "CRACK HEAD" AND IT WAS PROBABLY STOLEN. I ASKED HIM WHEN HE HAD PURCHASED THE GUN FROM THE "CRACK HEAD" AND WHERE. HE STATED THAT HE HAD BOUGHT IT IN DADE CITY AND HE HAS HAD IT APPROXIMATELY SEVEN MONTHS. I ASKED HOW MUCH HE HAD BOUGHT THE GUN FOR AND HE STATED THAT HE DID NOT REMEMBER. I THEN RAN THE HIGHPOINT MODEL 9MM LUGER BEARING THE SERIAL NUMBER P1441833 THROUGH FCIC/NCIC VIA TELETYPE. TELETYPE ADVISED THAT THE GUN HAD BEEN REPORTED STOLEN TO THE TAVARES POLICE DEPARTMENT IN REFERENCE TO CASE NUMBER 0904-0518. I THEN ASKED DEFENDANT MILLER WHY HE CARRIES THE GUN AND HE STATED THAT HE CARRIES IT FOR PROTECTION, BECAUSE HE WAS ROBBED THREE YEARS AGO. I THEN ASKED DEFENDANT MILLER IF HE WOULD MIND WRITING A WRITTEN STATEMENT AND HE STATED THAT HE WOULD NOT. HE THEN WROTE A SWORN WRITTEN STATEMENT THAT SAID "I PUT THE WEED IN MY GIRLFRIEND'S PURSE AN MY GUN IN HER OTHER BAG, I BOUGHT THE GUN FROM A CRACK HEAD". THE DEFENDANT WAS THEN PLACED UNDER ARREST HANDCUFFED (DOUBLE LOCKED) SECURED IN THE REAR OF MY PATROL VEHICLE. A PROPERTY RECEIPT WAS FILLED OUT FOR THE GUN INCLUDING THE MAGAZINE AND BULLETS. AS I WAS EMPTYING THE MAGAZINE TO COUNT THE BULLETS, THE DEFENDANT SHOUTED THAT THERE WERE TEN BULLETS IN THE CLIP. AFTER I FINISHED COUNTING, THERE WERE INDEED TEN BULLETS. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCJ) FOR BOOKING AND PROCESSING. THE MARIJUANA WAS PRESUMPTIVE FIELD TESTED AND TESTED POSITIVE FOR MARIJUANA. THE GUN AND MARIJUANA WAS LATER TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION AND THE WRITTEN STATEMENT TURNED IN TO THE RECORDS DIVISION. THE DEFENDANT'S TOTAL BOND WAS SET AT $6,500.00 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* |
