| Probable cause affidavit: |
SUBMITTED BY: NEWTON, LAURA 0459 (AR11121646) ANY PERSON WHO KNOWINGLY SELLS, PURCHASES, MANUFACTURES, DELIVERS OR BRINGS INTO THIS STATE OR WHO IS KNOWINGLY IN ACTUAL OR CONSTRUCTIVE POSSESSION OF 4 GRAMS OR MORE OF ANY MORPHINE, OPIUM, OXYCODONE, HYDROCODONE, HYDROMORPHONE AS DESCRIBED IN 893.03(2)(A) OR ANY MIXTURE CONTAINING ANY SUCH SUBSTANCE, BUT LESS THAN 30 KILOGRAMS OF SUCH SUBSTANCE OR MIXTURE COMMITS THE FELONY OF THE FIRST DEGREE, WHICH FELONY SHALL BE KNOWN AS "TRAFFICKING IN ILLEGAL DRUGS" TO WITT: 7.1 GRAMS OF ACETAMINOPHEN AND HYDROCODONE BITRATE IN VIOLATION OF FLORIDA STATE STATUTE 893.135(1)(C); 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 070811 AT APPROXIMATELY 2330 HOURS, I MADE CONTACT WITH DEPUTY SETTLES AT THE INTERSECTION OF SOUTH RAMA AVENUE AND WEST TULA LANE IN LECANTO, IN REFERENCE TO A DISTURBANCE THAT HAD OCCURRED AT CLUB ATMOSPHERE (TWO GUYS FROM ITALY) ON HIGHWAY 19. I HAD ALREADY MADE CONTACT WITH THE COMPLAINANT, MS KELLY BARTER, WHO HAD ADVISED THAT HER BOYFRIEND (DEFENDANT), MR EDWARD POTTER JR, HAD BEEN AT CLUB ATMOSPHERE WITH HER AND HER FRIEND JILL. MR POTTER THEN GOT INTO AN ARGUMENT WITH KELLY AND HAD LEFT THE BAR EVEN THOUGH HE WAS INTOXICATED. JILL ADVISED THAT THE DEFENDANT HAD ATTEMPTED TO GET HER TO SELL SOME HYDROCODONE PILLS FOR HIM, BUT SHE HAD REFUSED. JILL ADVISED THAT HE BECAME UPSET AND LEFT THE BAR AND SHE BELIEVED HE WAS HEADED TO THE RESIDENCE THAT ALL THREE OF THEM LIVED, LOCATED AT 6635 SOUTH CORONADO TERRACE. JILL BELIEVED THAT THE DEFENDANT HAD INTENTIONS ON DESTROYING THE RESIDENCE, BECAUSE OF HIS INTOXICATED STATE. I ADVISED DEPUTY SETTLES OF THE INFORMATION AND HEADED TO SOUTH CORONADO TERRACE. AS I TURNED OFF WEST CARDINAL STREET ONTO RAMA DRIVE, I OBSERVED DEPUTY SETTLES OUT WITH A WHITE MALE IN A TAN PICKUP, WHICH FIT THE DESCRIPTION OF MR POTTER. I EXITED MY PATROL VEHICLE AND APPROACHED DEPUTY SETTLES, AT WHICH TIME, I CONFIRMED THAT IT WAS THE DEFENDANT, MR EDWARD POTTER JR. THE DEFENDANT WAS HAVING DIFFICULTY STANDING AND PERFORMING THE FIELD SOBRIETY TASKS THAT DEPUTY SETTLES WAS ATTEMPTING TO ADMINISTER. DEPUTY SETTLES ADVISED THAT SHE HAD NOT OBSERVED HIM DRIVING, BUT WANTED TO KNOW IF HE WAS TO INTOXICATED TO DRIVE THE VEHICLE AWAY FROM THE INTERSECTION. AS WE WERE SPEAKING WITH THE DEFENDANT, THE COMPLAINANTS, KELLY AND JILL, HAD PULLED UP TO OUR LOCATION. KELLY SAW THAT THE DEFENDANT HAD PACKED SOME ITEMS AND HAD LOADED THEM IN THE FRONT SEAT OF THE PICKUP, AS WELL AS, THE DOG THAT SHE AND THE DEFENDANT HAD AS A PET. KELLY BECAME UPSET BECAUSE THE DEFENDANT WAS TAKING THE DOG, AT WHICH TIME, SHE BEGAN YELLING PROFANITIES AT THE DEFENDANT. AS DEPUTY SETTLES AND I ATTEMPTED TO CALM HER DOWN, JILL BEGAN STATING THAT THE DEFENDANT HAD HYDROCODONE AND MARIJUANA ON HIS PERSON AND ASKED IF WE HAD SEARCHED HIM. AT THAT POINT, I WALKED OVER TO THE DEFENDANT AND ASKED HIM IF HE HAD ANY GUNS, KNIVES OR DRUGS IN HIS POCKETS. THE DEFENDANT ADVISED THAT HE DID NOT, AT WHICH TIME, I ASKED IF I COULD SEARCH HIM. THE DEFENDANT STATED "SURE BECAUSE I HAVE NOTHING ON ME". HE THEN BEGAN EMPTYING HIS POCKETS, EACH TIME PULLING MISCELLANEOUS ITEMS SUCH AS MONEY, KEYS AND CHANGE FROM HIS TWO FRONT POCKETS AND THEN HOLDING HIS HANDS OPEN SO THAT I COULD SEE WHAT WAS IN THEM. THE DEFENDANT PULLED EVERYTHING FROM HIS POCKETS AND PLACED THEM ON THE GROUND WITHOUT ME ASKING HIM TO DO SO. I THEN ASKED THE DEFENDANT IF IT WAS STILL ALRIGHT FOR ME TO STILL SEARCH HIM, AT WHICH TIME, HE PUT HIS HANDS ON TOP OF HIS HEAD AND STATED "YES MA'AM". I ASKED THE DEFENDANT TO TURN AROUND AND BEGAN MY SEARCH WITH HIS LEFT FRONT POCKET. I BEGAN BY PATTING THE EXTERIOR OF HIS POCKET BEFORE STICKING MY HAND INSIDE OF IT. AS I DID SO, I FELT A HARD OBLONG OBJECT AND ASKED THE DEFENDANT IF THAT WAS A PILL. THE DEFENDANT STATED "THAT BITCH RATTED ME OUT". UPON REACHING MY HAND IN THE DEFENDANT'S POCKET, I FELT SEVERAL PILLS, A COIN AND A LEAFY SUBSTANCE. UPON EMPTYING HIS POCKET, I DISCOVERED 11 PILLS, SOME MARIJUANA AND A DIME. UPON INSPECTION OF THE PILLS, I OBSERVED THEM TO BE A HYDROCODONE DERIVATIVE AND UPON ASKING THE DEFENDANT WHAT THEY WERE, HE ADVISED "HYDROCODONE". I ASKED THE DEFENDANT IF HE HAD A PRESCRIPTION FOR THE PILLS TO WHICH HE ADVISED THAT HE DID NOT. THE DEFENDANT STATED THAT HE USED THE PILLS FOR PAIN IN HIS SHOULDER AND THAT HE HAD NO INSURANCE AND COULD NOT GET A PRESCRIPTION FOR THEM. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. I THEN CONFIRMED THROUGH "DRUGS.COM" THAT THE WHITE OBLONG PILLS WITH AN IMPRINT "M357" WERE AN ACETAMINOPHEN AND HYDROCODONE BITRATE WITH STRENGTH OF 500 MILLIGRAMS AVAILABLE BY PRESCRIPTION ONLY. I ALSO CONFIRMED THE GREEN LEAFY SUBSTANCE TO BE MARIJUANA. THE DEFENDANT WAS THEN ADVISED THAT HE WAS UNDER ARREST. WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY (CCDF), I WAS SPEAKING WITH THE DEFENDANT ABOUT THE PAIN IN HIS SHOULDER AND I STATED TO HIM "WELL IF YOU HAVE LEGITIMATE PAIN ISSUES THEN YOU SHOULD BE ABLE TO OBTAIN A PRESCRIPTION FOR THE MEDS". THE DEFENDANT RESPONDED "YOU AND I BOTH KNOW THAT'S NOT WHAT THEY'RE FOR, HOW ELSE DO YOU THINK I'M SUPPOSE TO MAKE MY MONEY". THE DEFENDANT WAS TURNED OVER TO DETENTION STAFF UPON OUR ARRIVAL AT THE DETENTION FACILITY. THE DEFENDANT'S TOTAL BOND WAS SET AT $50,500.00 PER THE BOND schedule. *NOT-EXEMPT* "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.” |
