| Probable cause affidavit: |
SUBMITTED BY: WEATHERFORD, D KEAGON 0710 (AR12124730) THE DEFENDANT DID UNLAWFULLY ALTERED, DESTROYED, CONCEALED OR REMOVED A RECORD, DOCUMENT OR THING, TO WIT: THE DEFENDANT SWALLOWED A PIECE OF CRACK COCAINE, FOR THE PURPOSE OF IMPAIRING ITS VERITY OR AVAILABILITY IN ANY PROCEEDING, IN VIOLATION OF FLORIDA STATE STATUTE 918.13 AND THE DEFENDANT DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: CRACK COCAINE, SAID OBJECT BEING A GLASS PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1) AND THE DEFENDANT DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE CANINE DEPUTY VIGGIANO, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: ATTEMPTING TO HAVE THE DEFENDANT SPIT OUT THE CRACK RICK HE WAS SWALLOWING, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 020712, I WAS SITTING STATIONARY JUST WEST OF WEST GANNETT PLACE WHEN I OBSERVED A FOUR DOOR SILVER VEHICLE, COMING OFF OF GANNETT ON TO STATE ROAD 44, RUN THE STOP SIGN AT THAT INTERSECTION. I PULLED IN BEHIND THE VEHICLE AND INITIATED MY EMERGENCY EQUIPMENT TO CONDUCT A TRAFFIC STOP. THE VEHICLE CAME TO A STOP ON STATE ROAD 44 JUST WEST OF NORTH GULF AVENUE IN CRYSTAL RIVER. I APPROACHED THE VEHICLE AND MADE CONTACT WITH THE DRIVER, MS ZONA WHATLEY, AND ADVISED HER OF THE REASON FOR THE TRAFFIC STOP. SHE IMMEDIATELY APOLOGIZED AND I ASKED HER FOR HER DRIVER'S LICENSE, THE VEHICLE REGISTRATION AND PROOF OF INSURANCE. WHILE MS WHATLEY WAS LOOKING FOR THE REQUESTED DOCUMENTS, CANINE DEPUTY VIGGIANO APPROACHED THE PASSENGER SIDE OF THE VEHICLE. MS WHATLEY DID PROVIDE THE REQUESTED DOCUMENTS. I THEN REQUESTED THE PASSENGER/DEFENDANT, MR GREGORY BUNTS, FOR HIS DRIVER'S LICENSE and HE HANDED IT TO ME. I OBSERVED MR BUNTS PUT HIS RIGHT HAND TO HIS MOUTH IN A MANNER WHICH INDICATED HE WAS PUTTING SOMETHING IN HIS MOUTH. WHEN MR BUNTS MOVED HIS HAND, I OBSERVED A SMALL WHITE ROCK-LIKE SUBSTANCE ON HIS LOWER LIP WHICH, THROUGH MY TRAINING AND EXPERIENCE I WAS ABLE TO IDENTIFY AS CRACK COCAINE. I ORDERED THE DEFENDANT TO OPEN HIS MOUTH, AT WHICH TIME HE IGNORED MY COMMAND AND CONTINUED SWALLOWING THE CRACK ROCK. I THEN ADVISED THE DEFENDANT THAT I COULD SEE THE CRACK ON HIS LIP, THAT HE HAD TO SPIT IT OUT AND NOT SWALLOW IT. CANINE DEPUTY VIGGIANO OPENED THE PASSENGER DOOR AND ALSO ORDERED THE DEFENDANT TO SPIT THE CRACK OUT. THE DEFENDANT REFUSED TO SPIT OUT THE CRACK AND RESISTED CANINE DEPUTY VIGGIANO'S COMMANDS. CANINE DEPUTY VIGGIANO THEN GRABBED THE DEFENDANT BY HIS JAW AND OPENED HIS MOUTH OPEN. CANINE DEPUTY VIGGIANO OBSERVED A SMALL ROCK-LIKE SUBSTANCE INSIDE OF THE DEFENDANT'S MOUTH. CANINE DEPUTY VIGGIANO WAS ALSO ABLE TO IDENTIFY THE SUBSTANCE AS CRACK COCAINE. CANINE DEPUTY VIGGIANO PULLED THE DEFENDANT FROM THE VEHICLE, PLACED HIM ON THE GROUND, IN THE PRONE POSITION, AND SECURED HIM IN DOUBLE LOCKED HANDCUFFS. THE DEFENDANT WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR TAMPERING WITH EVIDENCE AND RESISTING ARREST WITHOUT VIOLENCE. A SEARCH OF THE DEFENDANT'S PERSON, INCIDENT TO ARREST, REVEALED A GLASS PIPE IN THE LEFT FRONT POCKET OF HIS PANTS. THIS GLASS PIPE WAS COMMONLY USED TO SMOKE CRACK. AT THAT TIME, THE DEFENDANT WAS SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND READ HIS MIRANDA WARNINGS FROM A PREPRINTED AGENCY CARD. THE DEFENDANT STATED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH ME. THE DEFENDANT REPEATEDLY ADVISED THAT HE HAD NOT PUT ANYTHING IN HIS MOUTH AND THAT HE DID NOT KNOW WHAT I WAS TALKING ABOUT. CANINE DEPUTY VIGGIANO DEPLOYED CANINE CONAN WHO ALERTED ON THE VEHICLE. A SEArch of the vehicle revealed NO CONTRABAND. MS WHATLEY WAS GIVEN A WRITTEN WARNING FOR RUNNING A STOP SIGN AND RELEASED ON SCENE. UPON THE ARRIVAL OF SERGEANT (SGT) GLAZE, HE QUESTIONED THE DEFENDANT WHO TOLD SGT GLAZE THAT HE DID SWALLOW A SMALL PIECE OF CRACK COCAINE WHICH HE HAD ON HIS PERSON. THE DEFENDANT WAS OFFERED AND REFUSED EMERGENCY MEDICAL SERVICES. PRIOR TO TRANSPORTING THE DEFENDANT, THE RESIDUE IN THE CRACK PIPE WAS FIELD TESTED AND YIELDED A POSITIVE RESULT FOR THE PRESENCE OF COCAINE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS BOOKED AND HELD ON A TOTAL BOND OF $3,000.00, IN ACCORDANCE WITH THE BOND SCHEDULE. THE PIPE WAS PACKAGED AND LATER TURNED IN TO EVIDENCE. "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* |
