Probable cause affidavit: |
SUBMITTED BY: NORTON, NICHOLAS 0758 (AR13-4142) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: APPROXIMATELY ONE GRAM OF COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT HE HAD BEEN DIRECTED TO STOP SUCH VEHICLE BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER, DID WILLFULLY REFUSE OR FAIL TO STOP SUCH VEHICLE IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(1). ON 011113 AT APPROXIMATELY 2313 HOURS, DETECTIVE BERGEN WAS PATROLLING THE AREA OF THE CRYSTAL RIVER CITY LIMITS WITH DEPUTY PHILLIPS. BOTH WERE RIDING TOGETHER IN AN UNMARKED UTILITY VEHICLE EQUIPPED WITH EMERGENCY LIGHTS AND SIREN. WHILE PARKED STATIONARY IN the AREA OF STATE ROAD 44 AND SOUTHEAST 7TH AVENUE, AT WHICH TIME DEPUTY PHILLIPS OBSERVED A TAN IN COLOR GMC PICKUP PULL OUT ON TO STATE ROAD 44 WITHOUT COMING TO A COMPLETE STOP AT THE STOP SIGN. DETECTIVE BERGEN PULLED OUT BEHIND THE VEHICLE AND INITIATED OUR EMERGENCY LIGHTS AT THE INTERSECTION OF STATE ROAD 44 AND NORTHEAST 10TH AVENUE. THE VEHICLE SLOWLY CONTINUED DOWN NORTHEAST 10TH AVENUE AND MADE A LEFT TURN ON TO NORTHEAST 6TH TERRACE, AND THE DRIVER THEN STOPPED THE VEHICLE. DETECTIVE BERGEN APPROACHED THE DRIVERâS SIDE OF THE TRUCK AND UPON REACHING THE OPEN DRIVER SIDE WINDOW, DETECTIVE BERGEN OBSERVED THE DRIVER TO BE MR DERRICK JAMAL SCRIVEN WITH WHOM DETECTIVE BERGEN IS FAMILIAR FROM MANY PRIOR LAW ENFORCEMENT CONTACTS AS WELL AS A PRIOR ARREST. DETECTIVE BERGEN GREETED MR SCRIVEN, CALLING HIM BY NAME, AT WHICH TIME HE GREETED DETECTIVE BERGEN BACK. DETECTIVE BERGEN THEN LOOKED PAST MR SCRIVEN AND RIGHT NEXT TO HIS RIGHT ARM, AND SITTING ON TOP OF THE CENTER CONSOLE IN PLAIN VIEW, DETECTIVE BERGEN OBSERVED A CELLOPHANE WRAPPER FROM A CIGARETTE PACK THAT CONTAINED A WHITE CRYSTALLINE SUBSTANCE WHICH APPEARED TO BE COCAINE. DETECTIVE BERGEN THEN ASKED MR SCRIVEN WHAT THE SUBSTANCE ON THE CONSOLE WAS. HE REACHED DOWN TO PICK IT UP AND DETECTIVE BERGEN TOLD HIM NOT TO. HE THEN LOOKED AT DETECTIVE BERGEN AND SAID, ALMOST APOLOGETICALLY, âMAN, I GOTTA GO.â MR SCRIVEN THEN PUT THE VEHICLE IN DRIVE AND SPED AWAY FROM THE TRAFFIC STOP. HE PROCEEDED APPROXIMATELY FIFTY YARDS DOWN NORTHEAST 6TH TERRACE, TURNED LEFT IN BETWEEN TWO HOUSES, DROVE THROUGH THE SIDE AND THE BACKYARDS OF THE HOUSES AND TURNED RIGHT ON TO 5TH TERRACE. DETECTIVE BERGEN LOST SIGHT OF MR SCRIVENâS VEHICLE, MOMENTARILY, WHEN HE TURNED ON TO NORTHEAST 5TH TERRACE. WHEN DETECTIVE BERGEN CAUGHT UP TO THE VEHICLE, IT WAS PARKED THREE QUARTERS IN THE ROADWAY. MR SCRIVEN WAS NO LONGER WITH THE VEHICLE AND THERE WERE SOME SMALL FLAMES SHOOTING OUT FROM UNDERNEATH THE HOOD. DEPUTY PHILLIPS AND DETECTIVE BERGEN EXTINGUISHED THE FLAMES AND DETECTIVE BERGEN WAITED FOR A CANINE UNIT TO ARRIVE. DETECTIVE BERGEN AND THE K-9 UNIT CONDUCTED A TRACK WHICH MET WITH NEGATIVE RESULTS. WHILE TRACKING, DEPUTY PHILLIPS SEARCHED THE VEHICLE, AT WHICH TIME HE LOCATED THE COCAINE THAT WAS ON THE CENTER CONSOLE AS WELL AS A WALLET BELONGING TO MR DERRICK JAMAL SCRIVEN. THE VEHICLE, WHICH BELONGED TO MS DEBORAH JOHNSON, WAS TOWED FROM THE SCENE BY ADAMâS TOWING. A VEHICLE STORAGE RECEIPT WAS COMPLETED AND LATER TURNED IN TO RECORDS. THE COCAINE WAS FIELD TESTED AND YIELDED A POSITIVE RESULT. IT WAS LATER WEIGHED AT APPROXIMATELY ONE GRAM. THE COCAINE WAS PACKAGED AND LATER TURNED IN TO EVIDENCE. ON 011513 AT 1548 HOURS, DEPUTY HYRC CONDUCTED A TRAFFIC STOP ON A RED CADILLAC FLORIDA LICENSE PLATE 7226JZ WITH THE PROBABLE CAUSE OF ILLEGAL WINDOW TINT WHICH LATER TESTED AT 14% AT HIGHWAY 19 AND SUE LANE, CRYSTAL RIVER. DEPUTY HYRC RECOGNIZED THE DEFENDANT, MR DERRICK JAMAL SCRIVEN AND WAS AWARE OF THIS CASE. DEPUTY HYRC CALLED FOR BACKUP AT WHICH TIME I RESPONDED. I APPROACHED THE VEHICLE THAT THE DEFENDANT WAS IN. I VERIFIED THE DEFENDANTâS IDENTITY THROUGH DAVID BECAUSE HE DID NOT HAVE HIS DRIVER'S LICENSE WITH HIM. THE DEFENDANT WAS LOCATED IN the REAR PASSENGER SEAT OF THE VEHICLE. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE-LOCKED) BEHIND HIS BACK, AND SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $10,000.00 PER BOND SCHEDULE. |