| Probable cause affidavit: |
SUBMITTED BY: BERGEN, JOHN 0519 (AR07120989) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, COMMONLY REFERRED TO AS CRACK COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). ON 123007 WHILE ON ROUTINE PATROL, I OBSERVED A VEHICLE TURN ONTO TURKEY OAK DRIVE OFF OF HIGHWAY 44. I WAS FOLLOWING THE VEHICLE BEARING FLORIDA TAG NUMBER I675WF AND OBSERVED THAT THE TAG APPEARED TO BE FALLING OFF THE VEHICLE. THE RIGHT HAND SIDE OF THE TAG WAS NOT SCREWED IN AND THE TAG WAS BENT, CONCEALING THE REGISTRATION STICKER FROM MY VIEW. AT THAT TIME I INITIATED A TRAFFIC STOP IN THE ARE OF TURKEY OAK DRIVE AND BALLOON LANE. I MADE CONTACT WITH THE DRIVER, MS HEATHER LEE AND ADVISED HER THE REASON FOR THE STOP AND REQUESTED HER INFORMATION. IT SHOULD BE NOTED THERE WERE TWO PASSENGERS IN THE VEHICLE, ONE IN THE FRONT SEAT, ON THE PASSENGER SIDE AND THE DEFENDANT, WHO WAS SITTING IN THE REAR SEAT ON THE PASSENGER SIDE. I ALSO REQUESTED IDENTIFICATION FROM THE PASSENGERS, WHICH THEY PROVIDED. K-9 DEPUTY TACKETT ARRIVED ON SCENE AND I RETURNED TO MY PATROL VEHICLE TO RUN THE OCCUPANT'S INFORMATION THROUGH THE COMPUTER. I OBSERVED DEPUTY TACKETT'S K-9, PRIEST, "HIT" ON THE REAR PASSENGER DOOR. DEPUTY TACKETT THEN ADVISED ME HE DID GET A POSITIVE "HIT" ON THE VEHICLE. THE OCCUPANTS WERE ASKED ONE AT A TIME TO EXIT THE VEHICLE, AND EACH WAS ASKED FOR THEIR CONSENT TO SEARCH THEIR PERSON. WHILE SPEAKING WITH THE DEFENDANT, HE ADVISED "GO AHEAD AND SEARCH ME, I DON'T HAVE ANYTHING." I ADVISED THE DEFENDANT THAT I WOULD BE LOOKING FOR ANY TYPE OF ILLEGAL CONTRABAND. FROM THE DEFENDANT'S RIGHT FRONT POCKET, I REMOVED WHAT APPEARED TO BE A SMALL PIECE OF CRACK COCAINE. AT THAT TIME, THE DEFENDANT WAS DETAINED IN THE REAR SEAT OF MY PATROL VEHICLE. I SUBSEQUENTLY TESTED THE SUBSTANCE WITH A FIELD TEST KIT, WHICH DID TEST POSITIVE FOR CRACK COCAINE. FURTHER SEARCH OF THE OTHER OCCUPANTS AND THE VEHICLE REVEALED NO OTHER CONTRABAND. THE VEHICLE WAS TURNED OVER TO THE OWNER/DRIVER, MS HEATHER LEE. I ASKED THE DEFENDANT WHAT HIS HIGHEST LEVEL OF EDUCATION WAS, TO WHICH HE ADVISED THE TWELFTH GRADE. I THEN READ THE DEFENDANT HIS MIRANDA RIGHTS FROM A PREPRINTED AGENCY CARD, TO WHICH HE ADVISED HE UNDERSTOOD HIS RIGHTS. I ASKED MR MAY HOW HE CAME INTO POSSESSION OF THE CRACK COCAINE, TO WHICH HE STATED HE DID NOT KNOW IT WAS IN HIS JACKET POCKET. I ASKED MR MAY IF THE JACKET HE WAS WEARING WAS HIS JACKET, TO WHICH HE STATED, "YES." I ASKED MR MAY WHO MAY HAVE PLACED THE COCAINE IN HIS POCKET, TO WHICH HE AGAIN STATED HE DID NOT KNOW IT WAS IN THERE. I ADVISED MR MAY HE WAS UNDER ARREST FOR POSSESSION OF CRACK COCAINE AND HE WAS HANDCUFFED, DOUBLE-LOCKED AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVED AT THE CITRUS COUNTY WARRANT'S DEPARTMENT, THE CRACK COCAINE WAS WEIGHED AT ONE FOURTH OF A GRAM. ALL PROPER PAPERWORK WAS COMPLETED AND EVIDENCE WAS PACKAGED TO BE TURNED INTO THE CITRUS COUNTY SHERIFF'S EVIDENCE DEPARTMENT. *NOT-EXEMPT* |
