| Probable cause affidavit: |
SUBMITTED BY: HESSE, NICHOLAS 0689 (AR11118854) 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 MORE THAN TWENTY GRAMS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A) AND UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY NICHOLAS HESSE OF THE CITRUS COUNTY SHERIFF'S OFFICE, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: ATTEMPTING TO CONDUCT A SEARCH OF THE DEFENDANT'S VEHICLE, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 011611 AT APPROXIMATELY 2100 HOURS, I RESPONDED TO MELBOURNE STREET AND BEVERLY HILLS BOULEVARD IN ORDER TO ASSIST CANINE DEPUTY DEARDEN WITH A TRAFFIC STOP. UPON ARRIVAL, I MADE CONTACT WITH THE OCCUPANTS OF THE VEHICLE AND SPOKE WITH THE DEFENDANT WHO WAS SEATED IN THE FRONT PASSENGER SEAT. THE DEFENDANT PROVIDED A NAME AND DATE OF BIRTH AND ALSO EXPRESSED BEING UPSET WITH THE TRAFFIC STOP. THE DEFENDANT WAS LATER IDENTIFIED AS MR GEORGE ALEXANDER ROSS, JUNIOR. I RETURNED TO MY PATROL VEHICLE AND MADE CONTACT WITH CANINE DEPUTY DEARDEN WHO ADVISED THAT HE WAS GOING TO DEPLOY HIS NARCOTICS CERTIFIED CANINE ON THE DEFENDANT'S VEHICLE. I WALKED WITH CANINE DEPUTY DEARDEN TO THE STOPPED VEHICLE WHERE HE CLEARLY EXPLAINED TO THE DRIVER TO TURN THE VEHICLE OFF AND ROLL UP ALL WINDOWS. THE DRIVER COMPLIED WITH THE INSTRUCTIONS GIVEN; HOWEVER, THE DEFENDANT BECAME UPSET AND STATED THAT HE WAS GOING TO CALL HIS PARENTS. THE DEFENDANT REFUSED TO CLOSE THE PASSENGER WINDOW FOR HIS SAFETY AND CONTINUED TO ARGUE WITH ME WHILE ON THE ROADSIDE. WHILE ARGUING, THE DRIVER ATTEMPTED TO ROLL UP THE PASSENGER WINDOW BUT SHE WAS UNABLE TO DO SO DUE TO THE DEFENDANT BEING UNCOOPERATIVE AND LOWERING THE WINDOW. DUE TO THE DEFENDANT'S INTERFERENCE WITH THE TRAFFIC STOP AND NARCOTICS INVESTIGATION, CANINE DEPUTY DEARDEN AND I REMOVED THE DEFENDANT FROM THE VEHICLE. HE WAS PLACED UNDER ARREST FOR RESISTING AN OFFICER WITHOUT VIOLENCE. DURING A SEARCH OF THE DEFENDANT, INCIDENT TO ARREST, A FLORIDA IDENTIFICATION CARD WAS LOCATED AS WELL AS A PLASTIC BAG OF A GREEN LEAFY SUBSTANCE. THE GREEN LEAFY SUBSTANCE WAS LOCATED IN THE DEFENDANT'S FRONT RIGHT SWEATSHIRT POCKET. THE SUBSTANCE WAS LATER FIELD TESTED WHICH YIELDED POSITIVE FOR CANNABIS. AFTER LEARNING THE DEFENDANT'S IDENTITY, IT WAS ALSO DISCOVERED, THROUGH A WARRANTS CHECK, THAT THERE IS A CURRENT VIOLATION OF PROBATION CAPIAS OUT OF MARION COUNTY FOR THIS DEFENDANT. AFTER THE DEFENDANT WAS SECURED, I OBSERVED CANINE DEPUTY DEARDEN DEPLOY CANINE TYSON TO THE DEFENDANT'S VEHICLE, AT WHICH TIME I WAS ADVISED OF A POSITIVE ALERT. A SEARCH OF THE VEHICLE YIELDED NO OTHER CONTRABAND AND THE DRIVER WAS RELEASED ON SCENE WITH A WRITTEN WARNING. THE DEFENDANT WAS LATER TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS TURNED OVER TO STAFF FOR BOOKING AND PROCESSING ON ONE COUNT OF POSSESSION OF CANNABIS IN AN AMOUNT IN EXCESS OF TWENTY GRAMS AS WELL AS RESISTING ARREST WITHOUT VIOLENCE. WHILE AT THE DETENTION FACILITY, I WEIGHED THE CANNABIS CONFISCATED AND IT YIELDED A TOTAL PACKAGE WEIGHT OF 34.1 GRAMS. THE CANNABIS WAS LATER TURNED INTO EVIDENCE AT THE CITRUS COUNTY SHERIFF'S OFFICE. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $5,500.00, IN ACCORDANCE WITH 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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
