| Probable cause affidavit: |
SUBMITTED BY: MATOS, THOMAS 0675 (AR11119053) UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT UNDER TWENTY GRAMS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B) ON 012911AT APPROXIMATELY 2141 HOURS, I WAS DISPATCHED TO THE AREA OF NORTHEAST 3RD STREET AND NORTH CITRUS AVENUE IN CRYSTAL RIVER IN REFERENCE TO A MALE SUBJECT WHO WAS PASSED OUT BEHIND THE WHEEL OF HIS VEHICLE. UPON ARRIVAL AT APPROXIMATELY 2145 HOURS, I OBSERVED AN OLDER MODEL WHITE NISSAN BEARING FLORIDA TAG 666-MMW STOPPED IN THE EXACT CENTER OF NORTH CITRUS AVENUE, FACING SOUTHBOUND, AT THE INTERSECTION OF NORTHEAST 3RD STREET. I APPROACHED THE VEHICLE ON THE PASSENGER SIDE AND NOTICED THAT THE MALE DRIVER WAS SLUMPED OVER, PASSED OUT WITH HIS FOOT ON THE BRAKE, THE VEHICLE IN DRIVE AND THE IGNITION ON. I OPENED THE PASSENGER DOOR, PUT THE VEHICLE IN PARK AND TURNED OFF THE IGNITION. AT THAT TIME, THE MALE DRIVER/DEFENDANT, MR EVAN SABATULA, WOKE UP. HE WAS DISORIENTED AND DID NOT KNOW WHERE HE WAS OR WHAT I WAS DOING THERE. I HAD THE DEFENDANT STEP OUT OF THE VEHICLE TO ASCERTAIN WHETHER HE WAS UNDER THE INFLUENCE OF ANY ILLEGAL SUBSTANCE. THE DEFENDANT ADVISED THAT HE WAS ON HIS WAY HOME FROM HIS GIRLFRIEND'S HOUSE AND WAS JUST REALLY TIRED FROM WORKING DOUBLE SHIFTS AT HIS JOB. NOT SMELLING ANY ODOR OF AN ALCOHOLIC BEVERAGE OR SEEING ANY EVIDENCE OF ALCOHOL IN PLAIN SIGHT IN THE VEHICLE, I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING OR USING DRUGS, TO WHICH HE STATED NO. I ASKED THE DEFENDANT IF HE WOULD ALLOW ME TO SEARCH HIS VEHICLE, TO WHICH HE STATED YES. UPON SEARCHING THE DEFENDANT'S VEHICLE, I LOCATED A CLEAR PLASTIC BAGGIE CONTAINING a GREEN LEAFY SUBSTANCE IN THE VEHICLE'S CENTER CONSOLE, BETWEEN THE DRIVER AND PASSENGER SEATS. I ASKED THE DEFENDANT WHERE THE MARIJUANA HAD COME FROM, TO WHICH HE STATED HE HAD NEVER SEEN IT BEFORE. THE GREEN LEAFY SUBSTANCE WAS FIELD TESTED AND YIELDED A POSITIVE RESULT FOR THE PRESENCE OF CANNABIS. THE DEFENDANT WAS PLACED UNDER ARREST FOR ONE COUNT OF POSSESSION OF MARIJUANA IN AN AMOUNT UNDER TWENTY GRAMS. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND READ HIS MIRANDA WARNINGS VIA AGENCY CARD, TO WHICH HE STATED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH ME. THE DEFENDANT WAS SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND AGAIN ASKED WHERE THE MARIJUANA HAD COME FROM. THE DEFENDANT AGAIN REPLIED THAT HE DID NOT KNOW. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS BOOKED AND HELD ON A $500.00 BOND, IN ACCORDANCE WITH THE BOND SCHEDULE. "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.” *NOT-EXEMPT* |
