| Probable cause affidavit: |
SUBMITTED BY: WEATHERFORD, DAVID 0710 (AR11123991) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: PSILOCYBIN MUSHROOMS, IN VIOLATION OF THE FLORIDA STATE STATUTE 893.13(6)(A). did knowingly, willfully and feloniously be in the actual or constructive possession of a controlled substance, to-wit: POSSESSION OF CANNABIS UNDER 20 GRAMS, in violation of THE Florida Statutes 893.13(6)(B). ON 121611, AT APPROXIMATELY 2126 HOURS, K-9 DEPUTY VIGGIANO CONDUCTED A TRAFFIC STOP ON HIGHWAY 19 JUST NORTH OF WEST OZELLO TRAIL ON A SILVER SUV BEARING LICENSE PLATE NUMBER 491XGK. SHORTLY THEREAFTER DEPUTY VIGGIANO REQUESTED BACK-UP ON HIS TRAFFIC STOP. AT APPROXIMATELY 2135 HOURS, I ARRIVED ON SCENE WHERE I OBSERVED FOUR MALES STANDING OUTSIDE OF THEIR VEHICLE. I THEN MADE CONTACT WITH DEPUTY VIGGIANO, WHO ADVISED ME THAT UPON MAKING CONTACT WITH THE DRIVER/DEFENDANT, MR FOREST FERNANDEZ, HE HANDED OVER A CLEAR PLASTIC ZIPLOC TUPPERWARE CONTAINER CONTAINING TWO ZIPLOC BAGS WITH PSILOCYBIN MUSHROOMS AND ONE SMALLER ZIPLOC BAG CONTAINING CANNABIS. HE ALSO GAVE DEPUTY VIGGIANO A RED GLASS PIPE CONTAINING CANNABIS RESIDUE. I THEN MADE CONTACT WITH THE DEFENDANT AND READ HIM MIRANDA VIA AGENCY PRE-PRINTED CARD, AT WHICH TIME, HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK with ME. MR FERNANDEZ STATED THAT UPON DEPUTY VIGGIANO APPROACHING THE VEHICLE HE ASKED HIM IF HE HAD ANY ILLEGAL CONTRABAND IN VEHICLE, AT WHICH TIME, MR FERNANDEZ ADVISED HE THOUGHT IT IN HIS BEST INTEREST TO TURN OVER THE CONTRABAND THAT HE HAD IN HIS POSSESSION. I ASKED MR FERNANDEZ WHAT EXACTLY WHAT WAS IN the PLASTIC ZIPLOC TUPPERWARE, TO WHICH HE ADVISED EIGHT GRAMS OF PSILOCYBIN MUSHROOMS AND 1.5 GRAMS OF CANNABIS. MR FERNANDEZ ALSO STATED THAT THE CONTRABAND BELONGED SOLELY TO HIM. HE FURTHER ADVISED THAT HE HAD PURCHASED THE CONTRABAND WHILE AT SCHOOL AT FLORIDA STATE UNIVERSITY. I THEN MADE CONTACT WITH THE BACK SEAT DRIVER'S SIDE PASSENGER, MR JULIAN BROOKS, WHO ADVISED THAT HE KNEW THAT THE DEFENDANT HAD THE CONTRABAND IN HIS POSSESSION AND THAT MR FERNANDEZ WAS THE SOLE OWNER OF THE CONTRABAND. I THEN MADE CONTACT WITH THE FRONT SEAT PASSENGER, MR HUNTER AMES, WHO ADVISED HE HAD NO IDEA THE CONTRABAND WAS IN THE VEHICLE UNTIL MR FERNANDEZ HANDED IT TO THE DEPUTY. I THEM MADE CONTACT WITH THE BACK PASSENGER'S SIDE PASSENGER, MR STEVEN SZIKSZAY, WHO ALSO ADVISED THAT HE HAD NO IDEA THE CONTRABAND WAS IN THE VEHICLE. MR FERNANDEZ WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE PASSENGER/FRIEND, MR JULIAN BROOKS, PER THE REQUEST OF THE DEFENDANT. UPON ARRIVAL TO THE CITRUS COUNTY DETENTION FACILITY BOTH PLASTIC BAGS CONTAINING PSILOCYBIN MUSHROOMS WERE WEIGHED. EACH BAG CONTAINED FOUR GRAMS OF PSILOCYBIN MUSHROOMS WITHOUT THE BAG, FOR A TOTAL OF EIGHT GRAMS OF PSILOCYBIN MUSHROOMS. THE SMALL ZIPLOC OF CANNABIS WAS WEIGHED. THE TOTAL AMOUNT OF CANNABIS WAS 1.5 GRAMS WITHOUT THE BAG. BOTH THE CANNABIS AND PIPE WERE FIELD TESTED AND TESTED POSITIVE FOR CANNABIS. THE DEFENDANT SIGNED A PROPERTY RECEIPT FORM FOR THE CONTRABAND. THE PSILOCYBIN MUSHROOMS, THE CANNABIS, THE PIPE, AND THE PROPERTY RECEIPT FORM WERE LATER TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $5,500.00, PER 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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
