| Probable cause affidavit: |
SUBMITTED BY: BARR, JOSHUA 1338 (AR16-20967) DID HAVING BEEN CONVICTED OF A FELONY, UNLAWFULLY OWN OR HAVE IN HIS CARE, CUSTODY, POSSESSION OR CONTROL A FIREARM, TO-WIT: A SMITH AND WESSON .38 SPECIAL REVOLVER (FULLY LOADED) WAS LOCATED DIRECTLY UNDER THE DEFENDANTâS SEAT WHILE HE WAS STOPPED ON A TRAFFIC STOP, IN VIOLATION OF FLORIDA STATUTE 790.23(1)(A). DID, KNOWING HIS DRIVERâS LICENSE WAS EXPIRED FOR MORE THAN SIX MONTHS, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS EXPIRED, IN VIOLATION OF FLORIDA STATE STATUTE 322.03(5). ON 091416, DEPUTY FERRER (1424) AND I WERE CONDUCTING TRAFFIC CONTROL IN THE AREA OF SOUTH SUNCOAST BOULEVARD AND MAYO DRIVE, IN CRYSTAL RIVER, WHEN WE OBSERVED A WHITE DODGE UTILITY VEHICLE TURN ONTO MAYO DRIVE FROM SOUTH SUNCOAST BOULEVARD AND HEAD TOWARDS THE MAYO DRIVE APARTMENT COMPLEX. APPROXIMATELY TEN MINUTES LATER, I OBSERVED THE SAME WHITE DODGE UTILITY VEHICLE DRIVING AWAY FROM THE MAYO DRIVE APARTMENTS AND BACK TOWARDS SOUTH SUNCOAST BOULEVARD. DUE TO PRIOR EXPERIENCE AND CALLS FOR SERVICE, I KNOW THE MAYO DRIVE APARTMENT AREA TO BE AN AREA COMMONLY ASSOCIATED WITH NARCOTICS. I OBSERVED THE WHITE UTILITY VEHICLE PULL ONTO SOUTH SUNCOAST BOULEVARD AND BEGIN DRIVING SOUTHBOUND WITHOUT COMING TO A COMPLETE STOP AT THE POSTED STOP SIGN LOCATED AT THAT INTERSECTION. I RELAYED THAT INFORMATION TO DEPUTY LEYDA (1399) WHO WAS ALSO IN THE AREA AND WAS ABLE TO CONDUCT A TRAFFIC STOP ON THE VEHICLE IN THE BEALLS DEPARTMENT STORE PARKING LOT LOCATED AT 346 NORTH SUNCOAST BOULEVARD, IN CRYSTAL RIVER. DEPUTY FERRER AND I ALSO RESPONDED TO THE PARKING LOT TO ASSIST WITH THE TRAFFIC STOP. DEPUTY LEYDA APPROACHED THE FRONT DRIVERâS SIDE WINDOW, WHERE SHE MADE CONTACT WITH THE DRIVER AND SOLE OCCUPANT OF THE VEHICLE/DEFENDANT, MR GENE HANKS. DEPUTY LEYDA INFORMED THE DEFENDANT OF WHY HE WAS PULLED OVER AND REQUESTED HIS DRIVER'S LICENSE AND VEHICLE REGISTRATION. AT THAT TIME, THE DEFENDANT HANDED DEPUTY LEYDA A FLORIDA IDENTIFICATION CARD AND ADVISED THAT HE DID NOT HAVE A VALID DRIVER'S LICENSE BECAUSE HIS DRIVER'S LICENSE HAD BEEN EXPIRED SINCE THE 1980âS. DEPUTY LEYDA THEN ASKED THE DEFENDANT WHAT HE WAS DOING IN THE AREA OF MAYO DRIVE APARTMENTS. THE DEFENDANT STATED THAT HE HAD JUST DROPPED OFF A FRIEND, BUT COULD NOT REMEMBER HIS FRIENDâS NAME OR WHICH APARTMENT HE DROPPED HIM OFF AT. DEPUTY LEYDA ASKED THE DEFENDANT IF HE HAD ANYTHING ILLEGAL INSIDE HIS VEHICLE, TO INCLUDE NARCOTICS. THE DEFENDANT STATED THAT THERE WAS NOTHING ILLEGAL INSIDE THE VEHICLE; HOWEVER, HE WOULD NOT GIVE PERMISSION FOR US TO CONDUCT A SEARCH OF THE VEHICLE. AS DEPUTY LEYDA WAS WRITING THE DEFENDANT A TRAFFIC WARNING, WARNING NUMBER 404338B, FOR FAILURE TO STOP AT A STOP SIGN AND A CRIMINAL TRAFFIC CITATION, CITATION NUMBER A1P2TOP, FOR DRIVING WHILE DRIVER'S LICENSE EXPIRED MORE THAN SIX MONTHS WITH A MANDATORY COURT DATE ON 092916 AT 1300 HOURS, K-9 DEPUTY HRYC (0701) WAS CONTACTED AND RESPONDED TO THE SCENE. PRIOR TO K-9 DEPUTY HRYCâS ARRIVAL, WHILE SPEAKING TO THE DEFENDANT HE DISCLOSED TO ME THAT HE IS A CONVICTED FELON. K-9 DEPUTY HRYC WALKED HIS K-9 PARTNER, K-9 ANAKIN, AROUND THE DEFENDANTâS VEHICLE, AT WHICH TIME K-9 ANAKIN ALERTED TO THE PRESENCE OF NARCOTICS NEAR THE FRONT DRIVERâS SIDE DOOR. K-9 DEPUTY HRYC ORDERED THE DEFENDANT TO STEP OUT OF THE VEHICLE, AT WHICH TIME A BLACK EMPTY GUN HOLSTER WAS OBSERVED ON THE DEFENDANTâS BELT OUTSIDE OF HIS CLOTHING. I ASKED THE DEFENDANT WHY HE WAS WEARING A GUN HOLSTER AND HE STATED HE HAD JUST BOUGHT THE HOLSTER AND WAS WEARING IT BECAUSE HE LIKED THE WAY THAT IT LOOKED. BASED ON K-9 ANAKINâS ALERT, K-9 DEPUTY HRYC AND I CONDUCTED A SEARCH OF THE INTERIOR OF THE VEHICLE, WHILE THE DEFENDANT STOOD OUTSIDE OF THE VEHICLE. UPON K-9 DEPUTY HRYC LOOKING UNDERNEATH THE FRONT DRIVERâS SEAT WHERE THE DEFENDANT HAD BEEN SEATED, HE DISCOVERED A SILVER SMITH AND WESSON REVOLVER, .38 SPECIAL, FULLY LOADED WITH FIVE ROUNDS. AT THAT TIME, THE DEFENDANT WAS ORDERED TO PLACE HIS HANDS BEHIND HIS BACK TO BE HANDCUFFED. DEPUTY FERRER SECURED THE DEFENDANT IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK. K-9 DEPUTY HRYC THEN READ THE DEFENDANT HIS MIRANDA RIGHTS, VIA AN AGENCY ISSUED PREPRINTED MIRANDA CARD, TO WHICH THE DEFENDANT STATED HE UNDERSTOOD HIS RIGHTS AND WOULD ANSWER ANY QUESTIONS. K-9 DEPUTY HRYC ASKED THE DEFENDANT WHY HE HAD A GUN LOCATED BENEATH HIS SEAT. THE DEFENDANT STATED THE FIREARM WAS NOT HIS AND HE DID NOT KNOW THAT IT WAS INSIDE THE VEHICLE. THE DEFENDANT STATED THAT THE VEHICLE IS REGISTERED TO HIS MOTHER AND HE DID NOT KNOW WHAT WAS INSIDE THE VEHICLE. THE LOCATED SMITH AND WESSON REVOLVER FIT PERFECTLY INTO THE DEFENDANTâS HOLSTER THAT WAS LOCATED ON HIS BELT. K-9 DEPUTY HRYC THEN INFORMED THE DEFENDANT THAT HIS K-9 HAD ALERTED TO THE PRESENCE OF NARCOTICS AND ASKED THE DEFENDANT WHERE THE NARCOTICS WERE LOCATED INSIDE THE VEHICLE. THE DEFENDANT STATED HE DID NOT USE NARCOTICS AND HE WAS NOT AWARE OF ANY INSIDE THE VEHICLE. K-9 DEPUTY HRYC THEN CONDUCTED A PAT DOWN SEARCH OF THE DEFENDANT AND NO CONTRABAND WAS LOCATED. K-9 DEPUTY HRYC AND I CONDUCTED A THOROUGH SEARCH OF THE VEHICLEâS INTERIOR AND NO FURTHER CONTRABAND WAS LOCATED. THE DEFENDANT WAS SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. PRIOR TO THE DEFENDANT ENTERING THE SECURED PORTION OF THE DETENTION FACILITY, HE WAS AGAIN PAT SEARCHED BY DETENTION FACILITY STAFF AND ME. DURING THAT TIME, A BURNT GLASS SMOKING PIPE AND ROLLING PAPERS WERE LOCATED IN A CARGO POCKET OF THE DEFENDANTâS PANTS. THERE WAS NOT SUFFICIENT MATERIAL OR RESIDUE INSIDE THE PIPE FOR TESTING. UPON CHECKING THE DEFENDANTâS CRIMINAL HISTORY, HIS MOST RECENT FELONY CONVICTIONS IN THIS STATE WERE ON 030209 AND 083109. THE DEFENDANTâS BOND WAS SET AT $10,000.00 FOR POSSESSION OF A FIREARM BY A CONVICTED FELON AND $500.00 FOR DRIVING WITH LICENSE EXPIRED MORE THAN SIX MONTHS. THE DEFENDANTâS TOTAL BOND WAS SET AT $10,500.00 PER THE BOND SCHEDULE. |
