| Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0652 (AR12-3448) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO-WIT: INDIVIDUALLY PACKAGED CANNABIS, WITH THE INTENT TO SELL THE SAID SUBSTANCE TO ANOTHER PERSON, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(1); DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). DID OPERATE A MOTORCYCLE WITHOUT A DRIVER'S LICENSE THAT AUTHORIZES SUCH OPERATION, SUBJECT TO THE APPROPRIATE RESTRICTIONS AND ENDORSEMENTS, IN VIOLATION OF FLORIDA STATUTE 322.03(4) ON 110912, AT APPROXIMATELY 1256 HOURS, I WAS CONDUCTING A SECURITY CHECK IN THE AREA OF SOUTH J KELLNER STREET AND SOUTH MONROE STREET, WHEN I OBSERVED TWO MOTORCYCLES TRAVELING EAST BOUND ON SOUTH J KELLNER STREET. BOTH MOTORCYCLES BEGAN ACCELERATING, AT WHICH TIME, I ESTIMATED THEIR SPEED TO BE APPROXIMATELY 40 TO 45 MILES PER HOUR (MPH). BOTH MOTORCYCLE THEN TURNED NORTH ONTO SOUTH DAVIS STREET AND AGAIN BEGAN ACCELERATING WILL ABOVE THE POSTED SPEED LIMIT OF 25 MPH. I THEN OBSERVED the DEFENDANT, MR GERALD SHUMWAY, TO BEGIN DRIVING IN THE OPPOSITE LANE BESIDE THE OTHER MOTORCYCLE. AT THIS TIME, BOTH MOTORCYCLES WERE APPROACHING REGINA BOULEVARD AND BOTH FAILED TO COME TO A COMPLETE STOP AT SAID INTERSECTION. I THEN CONDUCTED A TRAFFIC STOP ACTIVATING MY LIGHTS AND SIREN, AT THE INTERSECTION OF SOUTH DAVIS STREET AND MICHAEL DRIVE. I FIRST MADE CONTACT WITH THE DEFENDANT AND ASKED FOR HIS DRIVER'S LICENSE AND REGISTRATION. THE DEFENDANT APPEARED VERY NERVOUS AND STATED THAT HE DID NOT HAVE A DRIVER'S LICENSE AND THAT IT HAD BEEN SUSPENDED FOR A PRIOR DRIVING UNDER THE INFLUENCE. HE ALSO ADVISED THAT HE WAS ON PROBATION AND DO JUST GO AHEAD AND TAKE HIM TO JAIL. I THEN GATHER BOTH THE DEFENDANTâS AND THE OTHER MOTORCYCLIST INFORMATION TO VERIFY THE STATUS OF HIS DRIVER'S LICENSE. THE DEFENDANTâS DRIVER'S LICENSE WAS IN FACT REVOKED. AT WHICH TIME HE WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. UPON SEARCHING THE DEFENDANT, I FOUND A CLEAR PLASTIC BAGGIE IN HIS LEFT JACKET POCKET CONTAINING THREE SEALED INDIVIDUALLY PACKAGE BAGGIES OF A GREEN LEAFY SUBSTANCE AND ONE OPEN BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE. THE SUBSTANCE THEN FIELD TESTED POSITIVE FOR CANNABIS AND WAS LATER PACKAGED AND TURNED INTO EVIDENCE. THE DEFENDANT WAS THEN PLACED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY. WHILE IN TRANSIT, THE DEFENDANT SPONTANEOUSLY UTTERED THAT HE HAD PREVIOUSLY SOLD AN INOPERABLE MOTORCYCLE FOR A SHOT GUN, CASH, AND THE PREPACKAGE MARIJUANA. HE THEN ADVISED THAT HE DOES NOT SMOKE MARIJUANA BUT THAT HE WAS GOING TO SELL IT FOR APPROXIMATELY $90.00 TO HELP PAY FOR HIS PROBATION FINES. THE DEFENDANT WAS LATER CHARGED WITH POSSESSION OF CANNABIS WITH INTENT TO SELL, DRIVING WHILE LICENSE WAS SUSPENDED OR REVOKED, AND OPERATING A MOTORCYCLE WITHOUT A MOTORCYCLE ENDORSEMENT. THE TOTAL BOND WAS SET AT $15250.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS TURNED OVER TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE ON SCENE OF THE TRAFFIC STOP, THE DEFENDANTâS MOTORCYCLE WAS TURNED OVER TO MR SHANE GALLAGHER-SMITH PER HIS REQUEST. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION 8971GQF8 FOR NO MOTORCYCLE ENDORSEMENT AND 8970GQF7 FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED BOTH WITH A MANDATORY COURT DATE OF 120612 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 8973GQFX FOR FAILURE TO MAINTAIN A SINGLE LANE WITH FINE OF $166.00 AND UNIFORM TRAFFIC CITATION NUMBER 8972GQF9 FOR FAILURE TO OBEY A STOP SIGN WITH A FINE OF $166.00 BOTH PAYABLE TO THE CLERK OF COURTS WITH IN 30 DAYS. |
