| Probable cause affidavit: |
SUBMITTED BY: MCEWEN, ANDY 0424 (AR08104451) did knowingly, willfully and feloniously be in the actual or constructive possession of a controlled substance, to-wit: METHAMPHETAMINE, in violation of Florida Statutes 893.13(6)(a) and 893.03(C)(D), AND did, knowing HER driver's license or driving privilege had been cancelled, suspended or revoked, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.34(2), AND 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: DIGITAL SCALE AND STRAW, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) WHILE I WAS SITTING IN MY PATROL VEHICLE IN THE PARKING LOT AT THE BANK OF INVERNESS, IN FLORAL CITY, FACING NORTHBOUND, I OBSERVED A SMALL GREEN PASSENGER VEHICLE BEING DRIVEN BY A WHITE FEMALE WITH A WHITE MALE PASSENGER TURN OFF OF COOPER LANE HEADING SOUTHBOUND. I ALSO OBSERVED THAT THE DRIVER'S SIDE OF THE WINDSHIELD HAD MULTIPLE CRACKS IN IT. I CONDUCTED A TRAFFIC STOP BY ACTIVATING MY EMERGENCY OVERHEAD LIGHTS. THE VEHICLE STOPPED IN THE PARKING LOT OF A GAS STATION JUST SOUTH OF THE INTERSECTION OF COUNTY ROAD 48 AND SOUTH FLORIDA AVENUE. CONTACT WAS THEN MADE WITH THE DRIVER AND UPON ASKING HER FOR HER DRIVER'S LICENSE, SHE PROVIDED AN IDENTIFICATION CARD THAT IDENTIFIED HER AS EILEEN ALTMAN (DEFENDANT). UPON ASKING WHERE HER DRIVER'S LICENSE WAS, SHE ADVISED SHE DID NOT HAVE ONE BECAUSE IT WAS SUSPENDED. DEPUTY HILBERER ARRIVED ON SCENE A SHORT TIME LATER. THE DRIVER/DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING WHILE LICENSE SUSPENDED/REVOKED, AT WHICH TIME, SHE WAS HANDCUFFED BEHIND HER BACK (DOUBLE LOCKED) AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. WHILE I WAS OBTAINING PERSONAL INFORMATION FROM THE DEFENDANT, DEPUTY HILBERER SEARCHED THE VEHICLE INCIDENT TO ARREST, AT WHICH TIME, HE LOCATED A SMALL CHANGE PURSE WHICH CONTAINED A YELLOW PLASTIC BAGGIE CONTAINING A WHITE SUBSTANCE. THE CHANGE PURSE ALSO CONTAINED A DIGITAL SCALE AND A STRAW. DEPUTY HILBERER TESTED THE WHITE SUBSTANCE WHICH TESTED POSITIVE FOR METHAMPHETAMINE. THE PASSENGER IN THE VEHICLE WAS ALSO PLACED IN HANDCUFFS AND SEATED IN THE REAR SEAT OF MY PATROL VEHICLE SINCE NEITHER PERSON WOULD ADMIT TO THE METHAMPHETAMINE AS BEING THEIRS. UPON PLACING THE PASSENGER INSIDE MY VEHICLE, THE DEFENDANT ASKED WHY THE PASSENGER WAS BEING PLACED UNDER ARREST, AND SHE WAS ADVISED "FOR CONSTRUCTIVE POSSESSION OF METHAMPHETAMINE" AT WHICH TIME, THE DEFENDANT MADE A SPONTANEOUS UTTERANCE THAT SHE WAS RESPONSIBLE FOR THE METHAMPHETAMINE AND THAT IT WAS HERS. A SHORT TIME LATER AFTER THE MALE PASSENGER WAS INTERVIEWED BY DETECTIVE WEAR, THE MALE WAS THEN TAKEN OUT OF THE HANDCUFFS. IT SHOULD BE NOTED THAT PRIOR TO ANY QUESTIONING OF THE DEFENDANT, HER MIRANDA WARNINGS WERE READ TO HER VIA PREPRINTED CARD, AND SHE STATED SHE DID UNDERSTAND HER RIGHTS AND WOULD AGREE TO SPEAK WITH ME. AT THE REQUEST OF THE DEFENDANT, THE VEHICLE WAS TURNED OVER AT THE SCENE TO HER FRIEND WHO HAD ARRIVED ON SCENE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. SHE WAS PROVIDED A WRITTEN WARNING 229291-B FOR CRACKED WINDSHIELD, AND ISSUED UNIFORM TRAFFIC CITATION 7896-FGW FOR DRIVING WHILE LICENSE SUSPENDED, KNOWINGLY, WITH A MANDATORY COURT DATE OF 082108, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. DEFENDANT WAS HELD ON A TOTAL BOND AMOUNT OF $6,000.00 PER THE BOND SCHEDULE. THE METHAMPHETAMINE AND PARAPHERNALIA WERE TURNED INTO EVIDENCE. *NOT-EXEMPT* |
