| Probable cause affidavit: |
SUBMITTED BY: CALLAHAN, CRAIG (AR13-5868) DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CRACK COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). 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 GLASS PIPE CONTAINING COCAINE RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DETECTIVE CALLAHAN, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: PULLED AWAY, REFUSED TO EXIT HER VEHICLE, AND RESISTED MY EFFORTS TO PLACE HER UNDER ARREST WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 060113, AT APPROXIMATELY 0311 HOURS, I OBSERVED A GREEN IN COLOR, FOUR DOOR SATURN TRAVELING EAST BOUND ON EAST TURNER CAMP ROAD. WHILE FOLLOWING THE VEHICLE, IT TURNED SOUTH ON NORTH TORO DRIVE AT AN EXCESSIVE RATE OF SPEED. UPON PACING THE VEHICLE, I DETERMINED THAT IT WAS TRAVELING APPROXIMATELY 40 MILES PER HOUR (MPH) IN A 25 MPH RESIDENTIAL SPEED ZONE. A SHORT TIME LATER THE VEHICLE WHICH WAS DRIVEN BY THE DEFENDANT, LATER IDENTIFIED AS MS DONNA PERRY, ABRUPTLY TURNED INTO A FRONT YARD OF A RESIDENCE LOCATED AT 1390 NORTH TORO DRIVE, INVERNESS. UPON DOING SO, I PULLED MY VEHICLE IN BEHIND THE DEFENDANTâS WITH THE INTENTION OF ONLY WARNING THE DEFENDANT TO SLOW DOWN IN THE RESIDENTIAL NEIGHBORHOOD. IT SHOULD BE NOTED THAT WHILE WALKING UP TO THE VEHICLE IT WAS DETERMINED THAT THE DEFENDANT WAS ALSO NOT WEARING HER SAFETY BELT. UPON MAKING CONTACT WITH THE DEFENDANT, I IMMEDIATELY NOTICED HER TO BE SWEATING PROFUSELY AND ACTING EXTREMELY NERVOUS AND JITTERY AS THOUGH SHE WAS POSSIBLY UNDER THE INFLUENCE OF AN UNKNOWN SUBSTANCE, FURTHERMORE, THE DEFENDANT WAS CLENCHING HER RIGHT HAND AND CONTINUOUSLY ATTEMPTING TO CONCEAL AN OBJECT THAT WAS IN HER HAND UNDER NUMEROUS PIECES OF CLOTHING IN THE FRONT PASSENGER SEAT OF THE VEHICLE. WHILE THE DEFENDANT WAS ATTEMPTING TO CONCEAL THE OBJECT I NOTICED HER OPEN HER HAND FOR A BRIEF MOMENT WHERE I OBSERVED WHAT WAS IMMEDIATELY RECOGNIZED THROUGH MY TRAINING AND EXPERIENCE TO BY A CRACK PIPE. IT should BE KNOWN THAT THE PIPE WAS GLASS AND HAD A WHITE RESIDUE INSIDE IT. I THEN OBSERVED THE DEFENDANT TAKE THE PIPE AND THROW IT ON THE FLOOR BOARD OF THE VEHICLE IN AN ATTEMPT TO CONCEAL IT. DURING THIS TIME, THE DEFENDANT WAS STILL CLENCHING ANOTHER UNKNOWN ITEM IN HER RIGHT HAND WHICH SHE WAS ALSO ATTEMPTING TO CONCEAL. AT THAT TIME, I ORDERED the DEFENDANT TO SHOW ME HER HAND; I OPENED THE VEHICLEâS DOOR, AND ORDERED HER TO STEP OUT ON NUMEROUS OCCASIONS. HOWEVER, SHE REFUSED TO DO SO AND CONTINUED TO ATTEMPT TO CONCEAL THE OBJECT. AT THAT TIME, I GRABBED THE DEFENDANT BY HER LEFT ARM PULLING HER FROM THE VEHICLE. AS I DID SO, I OBSERVED THE DEFENDANT THROW THE OBJECT FROM HER HAND INTO THE PASSENGER SIDE OF THE VEHICLE AS I REMOVED HER FROM the VEHICLE. I THEN CONDUCTED A LEG SWEEP MANEUVER ON THE DEFENDANT PUSHING HER TO THE GROUND AS SHE ACTIVELY RESISTED MY EFFORTS TO PLACE HER IN HANDCUFFS. UPON TAKING THE DEFENDANT TO THE GROUND, SHE CONTINUED TO TENSE HER BODY, PULL HER ARMS AWAY FROM ME, AND PUT THEM UNDER HER CHEST. I WAS ABLE TO PULL THE DEFENDANTâS ARMS FROM UNDERNEATH HER BODY AND PLACE THEM BEHIND HER BACK AS SHE CONTINUED TO FLAIL HER ARMS. UPON TAKING MY HANDCUFFS OUT OF THE POUCH THEY WERE KNOCKED TO THE GROUND AND THE DEFENDANT ATTEMPTED TO ROLL OVER ON theM. A SHORT TIME LATER, DEPUTY RODRIQUEZ ARRIVED ON SCENE AND I INSTRUCTED TO PICK MY HANDCUFFS UP OFF THE GROUND. AT WHICH TIME, HE DID SO AND SECURED HER IN THE HANDCUFFS BEHIND HER BACK. IT SHOULD BE NOTED THAT DURING THE DURATION OF THE STRUGGLE WITH THE DEFENDANT I ADVISED HER TO STOP RESISTING AND ADVISED HER THAT SHE WAS UNDER ARREST ON SEVERAL OCCASIONS; HOWEVER, SHE REFUSED. THE DEFENDANT WAS THEN SECURED IN the REAR SEAT OF MY PATROL VEHICLE. UPON SEARCHING THE VEHICLEâS CONTENTS I LOCATED THE GLASS CRACK PIPE THAT I HAD OBSERVED THE DEFENDANT THROW ON THE FRONT DRIVERâS SIDE FLOOR BOARD. IN ADDITION, A WOODEN PUSHER ROD WAS ALSO LOCATED LYING NEXT TO THE PIPE. UPON CONTINUING TO SEARCH THE VEHICLE, A SMALL AMOUNT OF A WHITE SUBSTANCE WAS LOCATED IN BETWEEN THE CENTER CONSOLE AND PASSENGER SIDE SEAT IN THE EXACT AREA THE DEFENDANT HAD THROWN THE UNKNOWN OBJECT WHILE I ATTEMPTED TO TAKE HER INTO CUSTODY. I IMMEDIATELY RECOGNIZED THE SUBSTANCE THROUGH MY TRAINING AND EXPERIENCE TO BE THAT OF CRACK COCAINE. UPON FIELD TESTING THE SUBSTANCE IT YIELDED A POSITIVE REACTION FOR THE PRESENCE OF COCAINE. CONTACT WAS THEN MADE WITH THE DEFENDANT WHERE MIRANDA WAS READ VIA PRE PRINTED CARD. THE DEFENDANT ADVISED SHE UNDERSTOOD HER RIGHTS AND AGREED TO SPEAK WITH ME. THE DEFENDANT ADVISED ME THAT THE PIPE FOUND ON THE FLOOR BOARD WAS WHAT SHE HAD THROWN WHEN I ATTEMPTED TO TAKE HER OUT OF THE VEHICLE HOWEVER DENIED HAVING CRACK COCAINE. UPON CONTINUING TO QUESTION THE DEFENDANT SHE ADMITTED SHE HAD JUST PURCHASE CRACK IN CRYSTAL RIVER AND THE PIPE WAS âLOADEDâ WITH CRACK HOWEVER SHE STILL CONTINUED TO DENY THROWING THE CRACK COCAINE ON THE PASSENGER SIDE OF THE VEHICLE. I THEN ADVISED THE DEFENDANT THAT SHE WAS BEING PLACED UNDER ARREST FOR THE ABOVE LISTED CHARGES. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $6,000.00 PER THE BOND SCHEDULE. THE DEFENDANTâS VEHICLE WAS TOWED BY EDâS TOWING. ALL NARCOTIC AND PARAPHERNALIA WERE LATER TURNED IN TO EVIDENCE. |
