| Probable cause affidavit: |
SUBMITTED BY: POLLARD, RANDALL 0677 (AR15-16835) ANY PERSON WHO KNOWINGLY SELLS, PURCHASES, MANUFACTURES, DELIVERS OR BRINGS INTO THIS STATE OR WHO IS KNOWINGLY IN ACTUAL OR CONSTRUCTIVE POSSESSION OF 200 GRAMS OR MORE OF METHAMPHETAMINE IS GUILTY OF A FELONY OF THE FIRST DEGREE, WHICH FELONY SHALL BE KNOWN AS TRAFFICKING IN METHAMPHETAMINE, AND SUCH PERSON SHALL BE SENTENCED TO A MANDATORY MINIMUM OF 15 YEARS, IN VIOLATION OF FLORIDA STATE STATUTE 893.135(1)(F).\t DID UNLAWFULLY AND FELONIOUSLY SELL, MANUFACTURE OR DELIVER OR POSSESS WITH INTENT TO SELL, MANUFACTURE OR DELIVER OR CAUSE TO BE SOLD, MANUFACTURED OR DELIVERED TO ANOTHER PERSON, A CONTROLLED SUBSTANCE, TO WIT: METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.135(1)(F). DID UNLAWFULLY AND KNOWINGLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: 6.5 GRAMS OF CANNABIS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). 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: PLASTIC BAGGIES, A PLANO TACKLE BOX, A SMALL MEASURING SCOOP WITH RESIDUE, AND A WHITE GLASS MEASURING DISH WITH A PLASTIC LID, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 101415, I WAS INFORMED BY DEPUTY SEFFERN (0623) THAT A CHEVROLET MALIBU, BLUE IN COLOR, WAS TRAVELING WESTBOUND ON GULF TO LAKE HIGHWAY NEAR WASHINGTON STREET, IN INVERNESS. DEPUTY SEFFERN WHO WAS DRIVING AN UNMARKED AGENCY VEHICLE, WITH A CALIBRATED SPEEDOMETER, PACED THE VEHICLE AT 55 MILES PER HOUR IN A 45 MILE PER HOUR ZONE. DEPUTY SEFFERN ALSO ADVISED THAT THE VEHICLE WAS FAILING TO MAINTAIN A SINGLE LANE. HE THEN ADVISED THAT THE VEHICLE CONTINUED STRAIGHT ONTO HIGHLANDS BOULEVARD IN INVERNESS, AT WHICH TIME I PULLED OUT BEHIND THE VEHICLE UNDER THE DIRECTION OF DEPUTY SEFFERN. UPON REACHING THE STOP SIGN AT HIGHLANDS BOULEVARD AND SOUTH APOPKA AVENUE, THE VEHICLE STOPPED NEARLY A FULL CAR LINK PAST THE STOP BAR BEFORE CONTINUING SOUTHBOUND ON SOUTH APOPKA AVENUE. AT THAT TIME, I INITIATED MY OVERHEAD LIGHTS AND SIREN AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE. UPON WALKING TO THE DRIVERâS SIDE WINDOW, I MADE CONTACT WITH THE DRIVER, MS CYNTHIA CLEMENTE (DEFENDANT) AND FRONT SEAT PASSENGER, MS FELICIA ABRAMS (DEFENDANT). BOTH WERE IDENTIFIED BY THEIR FLORIDA IDENTIFICATIONS THAT THEY PROVIDED. SERGEANT MARSHALL AND K-9 DEPUTY INDORATO ARRIVED ON SCENE WHILE I WAS SPEAKING WITH DEFENDANT CLEMENTE IN REGARDS TO HER DRIVING INFRACTIONS. I THEN REQUESTED K-9 DEPUTY INDORATO TO PERFORM AN EXTERIOR SNIFF OF THE VEHICLE WITH HIS K-9. AFTER DOING SO, K-9 DEPUTY INDORATO ADVISED THAT HIS K-9 ALERTED TO THE ODOR OF NARCOTICS AND A SEARCH MAY BE CONDUCTED. AT THAT TIME, I RAN BOTH SUBJECTS FOR WANTS AND WARRANTS CHECKS. SERGEANT MARSHALL ASKED DEFENDANT CLEMENTE AND DEFENDANT ABRAMS TO EXIT THE VEHICLE. AFTER THEY WERE REMOVED, I BEGAN A SEARCH OF THE INTERIOR PASSENGER SIDE. I OBSERVED A LARGE BLUE PURSE, WHICH HAD A CHUCKY CHEESE PHOTOGRAPH OF DEFENDANT ABRAMS WITH A CHILD THAT SHE LATER STATED WAS HER CHILD. UNDERNEATH THE PURSE ON THE PASSENGER SIDE FLOORBOARD, WHICH WAS DIRECTLY BELOW DEFENDANT ABRAMSâ FEET, WAS A CAMOUFLAGE INSULATED BRIEF CASE. THE BRIEF CASE WAS PARTIALLY OPEN AND WITHOUT MOVING THE BRIEF CASE IN ANY WAY I COULD CLEARLY SEE A LARGE AMOUNT OF MONEY AND A BAG OF A CRYSTALLIZED SUBSTANCE, WHICH I RECOGNIZED THROUGH MY TRAINING AND EXPERIENCE TO BE METHAMPHETAMINE. I THEN REQUESTED SERGEANT MARSHALL TO HANDCUFF DEFENDANT CLEMENTE AND DEFENDANT ABRAMS, PENDING THE INVESTIGATION. I RETRIEVED A CAMERA FROM MY PATROL VEHICLE TO PHOTOGRAPH THE CHEVROLET MALIBU, THE CAMOUFLAGE BRIEF CASE, AND THE CONTENTS OF THE BRIEF CASE. UPON OPENING THE BRIEF CASE COMPLETELY, I OBSERVED THREE LARGE OUNCE SIZE BAGS OF METHAMPHETAMINE AND WHAT APPEARED TO BE SEVERAL THOUSAND DOLLARS. I ALSO OBSERVED A SMALL PLANO TACKLE BOX, WHICH ALSO HAD A CRYSTAL LIKE SUBSTANCE INSIDE. THE ITEMS WERE PHOTOGRAPHED AGAIN AND REMOVED FROM THE VEHICLE. ALSO LOCATED IN THE CAMOUFLAGE BRIEF CASE WAS A RECEIPT FROM WALMART, IN BUSHNELL, DATED 101415 AT 2150 HOURS. THE RECEIPT WAS TUCKED INSIDE THE CAMOUFLAGE BRIEF CASE. UPON A FURTHER SEARCH OF THE VEHICLE, K-9 DEPUTY INDORATO LOCATED A GLASS DISH WITH A PLASTIC LID AND ANOTHER PLASTIC CONTAINER WITH SEVERAL BAGGIES. A SMALL MEASURING SCOOP, WHICH APPEARED TO HAVE METHAMPHETAMINE RESIDUE, WAS ALSO LOCATED UPON A FURTHER SEARCH OF DEFENDANT ABRAMâS PURSE. K-9 DEPUTY INDORATO ADVISED THAT HE ALSO LOCATED A PLASTIC SEALABLE CONTAINER WITH MARIJUANA IN IT. THE CONTAINER WAS LOCATED IN A COMPARTMENT NEAR THE RADIO OF THE VEHICLE. K-9 DEPUTY INDORATO THEN LOOKED THROUGH A MAKE-UP BAG, WHICH WAS CLAIMED BY DEFENDANT CLEMENTE. INSIDE WAS A CELOPHANE CIGARETTE WRAPPER WHICH ALSO HOUSED A SMALL AMOUNT OF METHAMPHETAMINE. I THEN SEARCHED DEFENDANT ABRAMâS OTHER PURSE, WHICH WAS CLAIMED BY DEFENDANT ABRAMS. THE PURSE WAS A BROWN WESTERN STYLE PURSE AND CONTAINED $1,613.00 (CASH) AND A LEDGER THAT HAD AMOUNTS OF MONEY OWED AND PAID FOR NARCOTIC TRANSACTIONS. THE CRYSTALLIZED SUBSTANCE IN THE CLEAR BAGGIES AND THE PLANO TACKLE BOX WERE ALL PRESUMPTIVE FIELD TESTED BY SERGEANT MARSHALL AND K-9 DEPUTY INDORATO AND TESTED POSITIVE FOR METHAMPHETAMINE. THE CRYSTALLIZED SUBSTANCE IN DEFENDANT CLEMENTEâS MAKE-UP POUCH ALSO TESTED POSITIVE FOR METHAMPHETAMINE. DEFENDANT CLEMENTE AND DEFENDANT ABRAMS WERE READ THEIR MIRANDA RIGHTS, VIA AN AGENCY ISSUED PREPRINTED CARD BY THIS DEPUTY. I CONDUCTED A RECORDED INTERVIEW WITH DEFENDANT CLEMENTE. SHE STATED THAT SHE DROVE TO SUN CITY, FLORIDA, TO PICK UP DEFENDANT ABRAMS EARLIER IN THE EVENING. SHE STATED THAT DEFENDANT ABRAMS GOT IN THE VEHICLE CARRYING SEVERAL BELONGINGS; INCLUDING THE CAMOUFLAGE BRIEF CASE, WHICH SHE STATED WAS CLOSED AT THAT TIME. DEFENDANT CLEMENTE STATED SHE KNEW DEFENDANT ABRAMS SOLD METHAMPHETAMINE BUT SHE DID NOT KNOW TO WHAT EXTENT OR HOW MUCH SHE SOLD. DEFENDANT CLEMENTE ALSO ADMITTED TO BEING A METHAMPHETAMINE USER AND STATED THAT THE METHAMPHETAMINE IN HER BAG WAS MAYBE HALF A GRAM. DEFENDANT CLEMENTE ALSO STATED THAT THEY MADE A STOP AT AN UNKNOWN RESIDENCE, WHERE DEFENDANT ABRAMS WAS IN AND OUT QUICKLY, AND SHE BELIEVED THAT WAS A NARCOTIC TRANSACTION. WITH THE RECORDER STILL ON, SERGEANT MARSHALL CONDUCTED AN INTERVIEW WITH DEFENDANT ABRAMS. SHE ADMITTED THE LEDGER WAS HERS AND SHE ACKNOWLEDGED THE HANDWRITING INSIDE THE LEDGER TO BE HERS. SHE ALSO ADMITTED TO BUYING ITEMS AT WALMART, IN BUSHNELL, WHICH MATCHED THE RECEIPT FOUND INSIDE THE CAMOUFLAGE BRIEF CASE. THE ITEMS INCLUDE TAMPONS AND DIAPERS. DEFENDANT ABRAMS ALSO STATED THAT SHE DID NOT HAVE A JOB AND HAD NOT BEEN EMPLOYED IN A WHILE. SHE STATED THAT THE MONEY WAS TIED TO NARCOTIC TRANSACTIONS. BOTH SUBJECTS WERE THEN PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND THEIR BACKS, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE METHAMPHETAMINE IN THE CAMOUFLAGE BRIEF CASE WAS WEIGHED WITH A WEIGHT OF 106 GRAMS. THE METHAMPHETAMINE IN DEFENDANT CLEMENTEâS MAKE-UP POUCH WEIGHED APPROXIMATELY 1 GRAM INCLUDING THE CELLOPHANE WRAPPER. THE MARIJUANA SEIZED WEIGHED APPROXIMATELY 6.5 GRAMS. THE CASH INSIDE THE CAMOUFLAGE BRIEF CASE TOTALED $10,959.00 AND THE CASH FOUND IN DEFENDANT ABRAMSâ OTHER PURSE WAS $1,613.00 (TOTAL $12,572.00). A FORFEITURE NOTICE WAS COMPLETED AND SIGNED BY DEFENDANT ABRAMS. THE PLASTIC SEALABLE CONTAINERS, THE CAMOUFLAGE BRIEF CASE, THE GLASS SEALABLE CONTAINER, THE PLASTIC SCOOP, 106 GRAMS OF METHAMPHETAMINE, 6.5 GRAMS OF MARIJUANA, 1 GRAM OF METHAMPHETAMINE FROM DEFENDANT CLEMENTEâS MAKE-UP POUCH, THE LEDGER, THE WALMART RECEIPT, THE PLANO TACKLE BOX, AND $12,572.00 (CASH) WERE ALL PACKAGED AND TURNED IN TO EVIDENCE. DEFENDANT CLEMENTE WAS ISSUED WRITTEN WARNING, WARNING NUMBER 351657B, FOR SPEEDING AND FAILURE TO MAINTAIN LANE. SHE WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 2143FYAX, FOR RUNNING A STOP SIGN. ALL FORMS WERE SUBMITTED TO RECORDS. DEFENDANT CLEMENTEâS BOND WAS SET AT $18,000, PER THE BOND SCHEDULE. DEFENDANT ABRAMSâ BOND WAS SET AT $52,000.00, PER THE BOND SCHEDULE. |
