| Probable cause affidavit: |
SUBMITTED BY: MARSHALL, AIDEN 0453 (AR08103534) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B); AND 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: MARIJUANA, SAID OBJECT BEING ROLLING PAPERS, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B). ON 060208 AT APPROXIMATELY 1950 HOURS, I WAS TRAVELING SOUTHBOUND ON SOUTHEAST HIGHWAY 19 WITHIN THE CITY LIMITS OF CRYSTAL RIVER WHEN I OBSERVED A FOUR-DOOR GRAY OLDSMOBILE TRAVELING IN FRONT OF MY PATROL VEHICLE BEARING FLORIDA TAG V047MA. ON APPROACHING THE INTERSECTION OF NORTHEAST THIRD AVENUE AND SOUTHEAST HIGHWAY 19, I RAN THE VEHICLE'S TAG THROUGH FCIC/NCIC. UPON RECEIVING THE INFORMATION BACK FROM FCIC/NCIC, IT WAS REVEALED THAT THE VEHICLE'S REGISTERED OWNER, MR FRANKIE JOE DUKE, HAD A SUSPENDED DRIVER'S LICENSE AND HAD RECEIVED NOTICE BY COURT ORDER. WHILE CONTINUING TO TRAVEL SOUTH, I OBSERVED THE DRIVER TO BE A WHITE MALE MATCHING THE DESCRIPTORS ON MR DUKE'S DRIVER'S LICENSE, AT THAT TIME, I ACTIVATED MY OVERHEAD EMERGENCY LIGHTS AND CONDUCTED A TRAFFIC STOP IN THE PARKING LOT OF THE SAVE-A-LOT FOOD STORE, LOCATED AT 708 SOUTHEAST HIGHWAY 19. UPON MAKING CONTACT WITH THE DRIVER, HE IDENTIFIED HIMSELF AS THE VEHICLE'S REGISTERED OWNER, MR FRANKIE JOE DUKE. WHEN I ASKED MR DUKE IF HE KNEW HIS DRIVER'S LICENSE WAS SUSPENDED, HE STATED YES; HOWEVER THAT HE HAD A TEMPORARY DRIVING PERMIT FOR BUSINESS PURPOSES ONLY, AT WHICH TIME MR DUKE PROVIDED ME WITH A TEMPORARY DRIVING PERMIT COMPLETE WITH THE STATE OF FLORIDA SEAL AND THE SIGNATURE NECESSARY TO MAKE THE PERMIT VALID. MR DUKE ADVISED ME THAT HE WAS NOT PROCEEDING TO WORK; HOWEVER, HE WAS TRAVELING TO CLEARWATER, WHERE HE WOULD BE WORKING TOMORROW. I ADVISED MR DUKE THAT I WOULD BE RETURNING TO MY PATROL VEHICLE IN ATTEMPT TO CONFIRM HIS TEMPORARY DRIVING PERMIT AS VALID DUE TO THE FACT IT WAS NOT ENTERED INTO FCIC/NCIC. BEFORE RETURNING TO MY PATROL VEHICLE, I MADE CONTACT WITH THE PASSENGER, WHO IDENTIFIED HIMSELF AS MR GARY WAYNE WRIGHT. UPON SPEAKING WITH MR WRIGHT, I ASKED HIM IF HE MINDED PROVIDING HANDING ME HIS FLORIDA IDENTIFICATION CARD OR DRIVER'S LICENSE, TO WHICH HE CONSENTED, AND THEN HANDED ME HIS FLORIDA DRIVER'S LICENSE. UPON RETURNING TO MY PATROL VEHICLE AND AGAIN RUNNING MR DUKE THROUGH FCIC/NCIC, I COULD NOT FIND ANYTHING STATING THAT HIS LICENSE WAS FOR BUSINESS PURPOSES ONLY. UPON RUNNING MR WRIGHT THROUGH FCIC/NCIC, IT WAS REVEALED THAT MR WRIGHT HAD AN OUTSTANDING WARRANT OUT OF BAY COUNTY FLORIDA FOR FELONY DRIVING WHILE LICENSE SUSPENDED. AT THIS TIME, I CONTACTED TELETYPE, WHO CONFIRMED THE WARRANT WITH BAY COUNTY. AT THIS TIME, I APPROACHED THE PASSENGER'S SIDE DOOR AND ADVISED MR WRIGHT TO STEP OUT OF THE VEHICLE AND THAT HE WAS BEING PLACED UNDER ARREST FOR THE BAY COUNTY WARRANT. AT THAT TIME MR WRIGHT WAS HANDCUFFED (DOUBLE-LOCKED) IN THE FRONT AND ESCORTED BACK TO MY PATROL VEHICLE. DEPUTY LABELLE AND DEPUTY LAIRD CANFIELD, WHO WERE ALREADY ON SCENE, ASKED THE DRIVER, MR DUKE, TO STEP OUT OF THE VEHICLE DUE TO THE FACT WE WOULD BE CONDUCTING A SEARCH OF THE VEHICLE INCIDENT TO MR WRIGHT'S ARREST. WHILE MR DUKE WAS OUTSIDE OF THE VEHICLE, I ASKED MR DUKE IF HE HAD ANY CONTRABAND OR WEAPONS ON HIS PERSON, TO WHICH HE STATED NO. AT THAT TIME, DEPUTY LABELLE ADVISED ME THAT HE HAD FOUND ROLLING PAPERS NEXT TO MR DUKE'S DRIVER'S SEAT OF A KIND COMMONLY USED TO SMOKE MARIJUANA. MR DUKE WAS ASKED IF HE MINDED EMPTYING HIS POCKETS, TO WHICH HE CONSENTED. I THEN ASKED MR DUKE IF HE MINDED REMOVING HIS SHOES, TO WHICH HE CONSENTED BY UNTYING HIS SHOES AND TAKING THEM OFF. AFTER TAKING OFF HIS RIGHT SHOE, I OBSERVED A PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE CONSISTENT WITH MARIJUANA INSIDE MR DUKE'S RIGHT SHOE, AT WHICH TIME HE REACHED DOWN, GRABBED THE BAGGIE WITH HIS RIGHT HAND AND THEN IMMEDIATELY SWITCHED THE BAGGIE TO HIS LEFT HAND. WITH BOTH DEPUTY LAIRD CANFIELD AND MYSELF OBSERVING MR DUKE'S ACTION, HE WAS IMMEDIATELY PLACED IN HANDCUFFS AND THE BAGGIE CONTAINING APPROXIMATELY FOUR GRAMS OF MARIJUANA WAS REMOVED FROM MR DUKE'S HAND. AT THIS TIME, MR DUKE WAS SEATED IN THE REAR SEAT OF MY PATROL VEHICLE. A FURTHER SEARCH OF THE VEHICLE YIELDED NO FURTHER CONTRABAND. PRIOR TO PLACING MR WRIGHT INTO THE REAR SEAT OF MY PATROL VEHICLE BESIDE MR DUKE, I CONDUCTED AN EXTERIOR PAT-DOWN OF MR WRIGHT FOR WEAPONS OR CONTRABAND WHICH YIELDED A BLACK AND SILVER PIPE CONTAINING MARIJUANA RESIDUE. AT THAT TIME, MR WRIGHT STATED, "I DON'T WANT TO GET A FELONY AT THE JAIL," AND HE REACHED INTO HIS FRONT WAISTBAND AND HANDED ME A CLEAR PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE KNOWN TO ME AS MARIJUANA WHICH WEIGHED APPROXIMATELY FIVE GRAMS. AFTER MR WRIGHT WAS SEATED IN THE REAR SEAT OF MY PATROL VEHICLE, BOTH SUBJECTS WERE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WHERE THEIR BOND WAS SET AT $1,000.00 EACH. THE MARIJUANA AND PIPE FIELD-TESTED POSITIVE. THEY WERE PACKAGED AND LATER TURNED INTO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION. MR DUKE'S VEHICLE WAS LEFT ON SCENE IN THE PARKING LOT PER HIS REQUEST. *NOT-EXEMPT* |
