| Probable cause affidavit: |
SUBMITTED BY: BLAIR, EDWARD 0469 (AR10114595) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: THE DEFENDANT DID HAVE IN HIS ACTUAL POSSESSION FIVE 30 MILLIGRAM OXYCODONE AND THREE 15 MILLIGRAM OXYCODONE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN HIS 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: THE DEFENDANT DID HAVE IN HIS CONSTRUCTION POSSESSION ONE PIPE COMMONLY USED TO SMOKE CANNABIS IN VIOLATION OF FLORIDA STATE STATUTES 893.147(1). ON 043010, this DETECTIVE AND DEPUTY LAKATIS CONDUCTED SURVEILLANCE IN THE AREA OF HOMOSASSA. WHILE CONDUCTING THIS SURVEILLANCE, THIS DETECTIVE WAS NOTIFIED BY DEPUTY PHILLIPS THAT HE HAD OBSERVED JARETT GANDY AT THE WALGREENS IN HOMOSASSA. THIS DETECTIVE WAS FAMILIAR WITH DEFENDANT GANDY FROM A PRIOR INVESTIGATION. THIS DETECTIVE WAS AWARE that PROBABLE CAUSE EXISTED FOR DEFENDANT GANDY'S ARREST FOR POSSESSION OF METHAMPHETAMINE. THIS DETECTIVE CONTINUED SURVEILLANCE DURING WHICH SEVERAL SUBJECTS FAMILIAR TO THIS DETECTIVE CONGREGATED NEAR DEFENDANT GANDY'S VEHICLE. THIS DETECTIVE WAS familiar WITH THE OTHER SUBJECTS TO HAVE bEEN ARRESTED FOR OR THE SUBJECT OF INVESTIGATIONS CONCERNING METHAMPHETAMINE. THIS DETECTIVE DID OBSERVE DEFENDANT GANDY DRIVE FROM the WALGREENS IN HOMOSASSA TO THE WAL-MART PARKING LOT IN HOMOSASSA. THIS DETECTIVE OBSERVED SEVERAL SUBJECTS EXIT THE VEHICLE INCLUDING DEFENDANT VASQUEZ. DEFENDANT EDWARD VASQUEZ WAS OBSERVED ENTERING THE WAL-MART WHILE THE REMAINING SUBJECTS CIRCLED DEFENDANT GANDY'S VEHICLE. BASED ON THE ACTIONS AND MOVEMENTS OF DEFENDANT GANDY AND THE OTHER SUBJECTS IT APPEARED THAT THE SUBJECTS WERE UNDER THE INFLUENCE OF METHAMPHETAMINE. THIS OBSERVATION INCLUDED THE SUBJECTS BEING FIDGETY AND ANIMATED, WHICH IS CONSISTENT WITH THE BEHAVIORS OF METHAMPHETAMINE USERS. BASED ON THIS DETECTIVES TRAINING AND EXPERIENCE SUBJECTS KNOWN TO MANUFACTURE METHAMPHETAMINE TRAVEL FROM STORE TO STORE GATHERING ITEMS USED TO MAKE METHAMPHETAMINE. BASED ON THE ABOVE LISTED CIRCUMSTANCES, THIS DETECTIVE STOPPED DEFENDANT GANDY AS HE EXITED THE WAL-MART. SUSPECT GANDY WAS ACCOMPANIED BY DEFENDANT WILL PARKS. THIS DETECTIVE WAS FAMILIAR WITH THE VEHICLE IN WHICH THE THREE DEFENDANTS TRAVELED. DEPUTY TACKETT AND CANINE PRIEST ARRIVED ON SCENE TO CONDUCT AN EXTERIOR SNIFF OF THE VEHICLE WHICH INDICATED A POSITIVE ALERT FOR THE ODOR OF NARCOTICS. WHILE DEPUTIES TACKETT AND PHILLIPS CONDUCTED AN INTERIOR SEARCH OF THE VEHICLE THIS DETECTIVE MADE CONTACT WITH THE WAL-MART MANAGER WHO POINTED OUT DEFENDANT VASQUEZ INSIDE THE STORE. THIS DETECTIVE THEN MADE CONTACT WITH DEFENDANT VASQUEZ WHO WAS THEN ASKED WHERE A BOOK BAG THAT WAS IN HIS POSSESSION WAS CURRENTLY LOCATED. DEFENDANT VAZQUEZ THEN STATED THAT THE BACKPACK WAS IN THE VEHICLE IN WHICH THEY HAD ARRIVED. THIS DETECTIVE ASKED DEFENDANT VASQUEZ TO WALK TO THE VEHICLE, TO which HE COMPLIED. DEPUTY TACKETT LOCATED A BACKPACK MATCHING THE DESCRIPTION GIVEN BY THE STORE MANAGER THE DEFENDANT WAS THEN ASKED IF THE BACKPACK WAS HIS, TO WHICH HE STATED, YES. DEPUTY TACKETT SEARCHED THE INTERIOR OF THE BACKPACK WHICH YIELDED SEVERAL ITEMS OF PARAPHERNALIA TO INCLUDE ONE GLASS PIPE, BURNT SPOONS, THREE METAL CONTAINERS WITH A WHITE RESIDUE AND ONE STRAW WITH WHITE RESIDUE. DEFENDANT VASQUEZ WAS READ HIS MIRANDA WARNINGS VIA PRE- PRINTED CARD TO WHICH HE STATED THAT HE DID UNDERSTAND AND WOULD SPEAK WITH THIS DETECTIVE. HE STATED THAT HE HAD KNOWLEDGE THAT THE ITEMS OF PARAPHERNALIA WERE IN HIS BAG AND THAT THE ITEMS IF TESTED WOULD RESULT IN A POSITIVE REACTION FOR OXYCODONE. THE DEFENDANT STATED THAT THE GLASS PIPE WAS NOT HIS BUT THAT HE HAD KNOWLEDGE IT WAS IN THE BACKPACK AND KNEW THAT IT WAS USED TO SMOKE CANNABIS. THE DEFENDANT WAS PREVIOUSLY HANDCUFFED AND SEATED IN THE REAR OF DEPUTY PHILLIPS PATROL CAR. THIS DETECTIVE WAS NOTIFIED BY DEPUTY TACKETT THAT HE HAD ALSO LOCATED A MEDICATION BOTTLE WITH THE TOP HALF OF THE LABEL TORN FROM THE BOTTLE. THE REMAINING PIECE OF LABEL IDENTIFIED THE CONTENTS AS OXYCODONE HCL 15 MILLIGRAM. THIS DETECTIVE THEN MADE CONTACT WITH DEFENDANT PARKS WHO WAS ADVISED OF HIS MIRANDA WARNINGS VIA PRE- PRINTED CARD AND STATED THAT HE UNDERSTOOD AND WOULD SPEAK WITH THIS DETECTIVE. DEFENDANT PARKS WAS QUESTIONED AS TO THE TABLETS TO WHICH HE STATED HE WAS PRESCRIBED BOTH 30 AND 15 MILLIGRAM OXYCODONE TABLETS. DEFENDANT PARKS PROVIDED THIS DETECTIVE WITH A WORN MEDICATION BOTTLE WITH AN INCOMPLETE DATE. THE MEDICATION BOTTLE INDICATED LUTZ PHARMACY MEDICATION BOTTLE CONTAINING OXYCODONE HCL, 30 MILLIGRAMS. DEFENDANT PARKS STATED THAT THE PILL BOTTLE WAS HIS AND THAT ALL THE PILLS INSIDE THE BOTTLE WERE PRESCRIBED. BASED ON THE CONDITION OF THE TWO MEDICATION BOTTLES WITH ONE TORN LABEL NOT INDICATING ANY OWNERSHIP, THE DEFENDANT WAS ADVISED THAT HE WAS BEING PLACED UNDER ARREST FOR THE POSSESSION OF OXYCODONE 15 MILLIGRAMS. DEFENDANT PARKS WAS THEN SEATED IN THE REAR SEAT OF DEPUTY PHILLIPS PATROL VEHICLE WITH THE OTHER TWO DEFENDANTS AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, DEPUTY PHILLIPS WAS NOTIFIED BY CORRECTIONAL STAFF THAT DEFENDANT VAZQUEZ HAD IN HIS POSSESSION FIVE 30 MILLIGRAM OXYCODONE, THREE 15 MILLIGRAM OXYCODONE, AND ONE FIVE MILLIGRAM SERTRALINE. DEFENDANT VAZQUEZ WAS NOT ABLE TO PROVIDE A PRESCRIPTION FOR SAID MEDICATION, AND ALSO FOUND ON HIS PERSON WAS A PRESCRIPTION FOR 60 MILLIGRAM OXYCONTINE. THE CHARGE OF POSSESSION OF CONTROLLED SUBSTANCE WAS ADDED AFTER THIS DISCOVERY. THE DEFENDANT'S BOND WAS SET AT $5,500.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
