| Probable cause affidavit: |
SUBMITTED BY: LABORDA, MICHAEL 0735 (AR14-8666) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: TWO CRACK COCAINE ROCKS WEIGHING APPROXIMATELY .5 GRAMS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). ON 010914 AT APPROXIMATELY 2230 HOURS, I OBSERVED A DARK COLORED TOYOTA PRIUS TRAVELLING WESTBOUND ON WEST GOLDEN STREET HEADING TOWARDS NORTH LECANTO HIGHWAY. I OBSERVED THE VEHICLE APPROACH THE INTERSECTION, CONTINUE PAST THE WHITE STOP BAR ON THE GROUND AND PROCEED NORTHBOUND ON NORTH LECANTO HIGHWAY, AFTER FAILING TO COME TO A COMPLETE STOP AT WEST GOLDEN STREET AND NORTH LECANTO HIGHWAY. THE VEHICLE THEN MADE A LEFT HAND TURN TRAVELLING WESTBOUND ON PINE RIDGE BOULEVARD. AT THAT TIME, I INITIATED A TRAFFIC STOP ON THE VEHICLE BEARING FLORIDA LICENSE PLATE NUMBER 100VZR, AT THE INTERSECTION OF PINE RIDGE BOULEVARD AND WEST BEDSTROW BOULEVARD. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR GARY WARREN BROWN, WHERE I ADVISED HIM OF the REASON FOR THE TRAFFIC STOP. I ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE, VEHICLE REGISTRATION AND PROOF OF INSURANCE. THE DEFENDANT ADVISED HE DID NOT HAVE HIS DRIVER'S LICENSE ON HIM, BUT DID PROVIDE ME WITH HIS VEHICLEâS REGISTRATION AND PROOF OF INSURANCE. I ASKED THE DEFENDANT IF HE HAD ANYTHING ILLEGAL IN THE VEHICLE SUCH AS WEAPONS OR DRUGS, TO WHICH HE ADVISED THAT HE DID NOT. I ASKED THE DEFENDANT IF HE WOULD CONSENT TO A SEARCH OF HIS VEHICLE AND HE REPLIED âNO I DONâT WANT YOU TO SEARCH MY CARâ. AT THAT TIME, I REQUESTED K-9 DEPUTY PRICE RESPOND TO MY LOCATION TO CONDUCT A K-9 WALK OF THE VEHICLE. UPON K-9 DEPUTY PRICEâS ARRIVAL, HE DEPLOYED K-9 GUNNY AND CONDUCTED A K-9 WALK AROUND THE VEHICLE. UPON COMPLETION, K-9 DEPUTY PRICE ADVISED ME THAT HE RECEIVED AN ALERT to the ODOR OF NARCOTICS. AT THAT TIME, THE DEFENDANT WAS ASKED TO STEP OUT OF HIS VEHICLE AND HE STOOD BY WITH K-9 DEPUTY PRICE, AS I CONDUCTED AN INTERIOR SEARCH OF THE VEHICLE. UPON OPENING THE DRIVERâS SIDE DOOR, I IMMEDIATELY OBSERVED IN PLAIN VIEW A SMALL CLEAR PLASTIC BAGGIE APPROXIMATELY ONE INCH BY ONE INCH IN THE POCKET OF THE DRIVERâS DOOR. THROUGH MY TRAINING AND EXPERIENCE, I RECOGNIZED THIS BAGGIE TO BE CONSISTENT WITH THE TYPE OF BAGGIE USED TO PACKAGE NARCOTICS. A FURTHER SEARCH OF THE VEHICLE REVEALED TWO SMALL ROCKLIKE SUBSTANCES IN THE CENTER CONSOLE, WHICH WAS IN DIRECT REACH OF THE DEFENDANT. I RECOGNIZED THESE ROCK SUBSTANCES THROUGH MY TRAINING AND EXPERIENCE TO BE CONSISTENT WITH THAT OF CRACK COCAINE. I ASKED THE DEFENDANT, ABOUT THE BAGGIE AND THE CRACK COCAINE AND HE ADVISED HE HAD NO IDEA THE ITEMS WERE in the VEHICLE AND THAT THEY DID NOT BELONG TO HIM. I ASKED THE DEFENDANT IF THE VEHICLE WAS HIS AND IF ANYONE ELSE HAD RECENTLY DRIVEN HIS VEHICLE. HE ADVISED THAT IT WAS HIS VEHICLE AND NO ONE ELSE HAD DRIVEN IT, BUT HE DID NOT KNOW ABOUT THE ILLEGAL ITEMS in the VEHICLE. I ASKED THE DEFENDANT WHEN WAS THE LAST TIME HE WAS ARRESTED FOR NARCOTICS AND HE ADVISED HE HAD BEEN GIVEN A CITATION FOR POSSESSION OF A CRACK PIPE A YEAR OR SO AGO. I TESTED THE ROCKLIKE SUBSTANCES USING A NARCOTICS FIELD TEST KIT, WHICH YIELDED A POSITIVE RESULT to the PRESENCE OF COCAINE. AT THAT TIME, I PLACED THE DEFENDANT UNDER ARREST HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SEATED HIM IN THE REAR SEAT OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. THE PLASTIC BAGGIE AND CRACK COCAINE WERE COLLECTED AND SUBMITTED TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. THE DEFENDANTâS VEHICLE WAS TOWED FROM THE SCENE BY PRECISION TOWING. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS TURNED OVER TO THE CITRUS COUNTY DETENTION FACILITY STAFF FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $2,000.00, PER THE BOND SCHEDULE. I ISSUED THE DEFENDANT TWO WRITTEN TRAFFIC WARNINGS; WARNING NUMBER 361712B, FOR RUNNING A STOP SIGN AND WARNING NUMBER 361713B, FOR FAILING TO EXHIBIT DRIVER'S LICENSE UPON REQUEST. COPIES WERE PROVIDED TO THE DEFENDANT AND SUBMITTED TO CITRUS COUNTY SHERIFF'S OFFICE RECORDS. |
