| Probable cause affidavit: |
SUBMITTED BY: INDORATO, THOMAS 0712 (ar11120894) UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION CONTROLLED SUBSTANCES, TO WIT: ELEVEN TRAZADONE PILLS AND ONE METHACARVAMOL PILL, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). ON 052211 AT APPROXIMATELY 1910 HOURS WHILE CONDUCTING SECURITY CHECKS , I WAS TRAVELING EAST ON EAST GULF TO LAKE HIGHWAY APPROACHING COUNTY ROAD 581 WHEN I OBSERVED A 1999 CHEVROLET CAVALIER, RED IN COLOR, BEARING FLORIDA TAG 053-TZR HEADING WESTBOUND ON EAST GULF TO LAKE HIGHWAY. I OBSERVED THAT THE DRIVER OF THE VEHICLE WAS NOT WEARING HIS SEATBELT. AT THAT TIME, I MADE A U-TURN, POSITIONED MY PATROL VEHICLE BEHIND THE RED CHEVROLET CAVALIER AND CONDUCTED A TRAFFIC STOP BY ACTIVATING MY OVERHEAD EMERGENCY LIGHTS. THE VEHICLE CAME TO FINAL STOP AT THE INTERSECTION OF INDEPENDENCE HIGHWAY AND JEFFERSON STREET IN INVERNESS. I APPROACHED THE VEHICLE AND MADE CONTACT WITH THE DRIVER, IDENTIFIED AS MR NICHOLAS GENCO, AND ASKED FOR HIS DRIVER'S LICENSE THE VEHICLE REGISTRATION AND PROOF OF INSURANCE. MR GENCO HANDED ME HIS DRIVER'S LICENSE BUT STATED HE DID NOT HAVE THE VEHICLE REGISTRATION OR HIS INSURANCE CARD. I ASKED THE FRONT SEAT Passenger for her identification and she was identified as MS tonya marullo. I ALSO REQUESTED THE IDENTIFICATION OF the rear seat passenger/defendant, identified as the defendant mr jacob messer. i advised the driver of the reason for the traffic stop. he stated he forgot to put HIS SEATBELT on and had just recently pulled out of A PARKING LOT. I RETURNED TO MY PATROL VEHICLE WITH ALL IDENTIFICATION CARDS WHICH I RAN FOR WANTS AND WARRANTS, WHICH WAS MET WITH NEGATIVE RESULTS. I ALSO REQUESTED CANINE DEPUTY BEHNEN RESPOND TO MY LOCATION. A SHORT TIME LATER CANINE DEPUTY BEHNEN ARRIVED ON SCENE. CANINE DEPUTY BEHNEN DEPLOYED CANINE JERRY LEE FOR AN EXTERIOR SNIFF ON THE VEHICLE. CANINE DEPUTY BEHNEN ADVISED THAT CANINE JERRY LEE HAD ALERTED TO THE ODOR OF NARCOTICS COMING FROM THE VEHICLE. SEE CANINE DEPUTY BEHNEN'S SUPPLEMENT FOR FURTHER DETAILS. I RETURNED TO THE DEFENDANT'S VEHICLE AND REQUESTED ALL OCCUPANTS EXIT THE VEHICLE AND STEP TO THE FRONT OF MY PATROL VEHICLE. THE OCCUPANTS WERE THEN PAT-DOWN SEARCHED FOR WEAPONS OR CONTRABAND WHICH WAS MET WITH NEGATIVE RESULTS. I ASKED MR GENCO IF THERE WAS ANYTHING ILLEGAL IN HIS VEHICLE WHICH I NEEDED TO KNOW ABOUT, TO WHICH HE STATED NO. CANINE DEPUTY BEHNEN SEARCHED THE INTERIOR OF THE VEHICLE WHILE I STOOD BY WITH THE VEHICLE'S OCCUPANTS. I WAS ADVISED BY CANINE DEPUTY BEHNEN THAT HE LOCATED A SMALL PINK METAL CONTAINER UNDERNEATH THE REAR PASSENGER SEAT, WHERE THE DEFENDANT HAD BEEN SEATED. INSIDE OF THE PINK METAL CONTAINER I LOCATED ELEVEN SMALL ROUND WHITE PILLS AND ONE LARGER IN DIAMETER WHITE PILL. CONTACT WAS MADE WITH POISON CONTROL. I SPOKE WITH BEVERLY WHO IDENTIFIED THE ELEVEN PILLS AS 50 MILLIGRAM TRAZADONE PILLS. SHE ALSO IDENTIFIED THE LARGER WHITE ROUND PILL AS 500 MILLIGRAm METHACARVAMOL. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. I ASKED MR GENCO AND MS MARULLO IF THEY HAD EVER SEEN THE PINK METAL CONTAINER BEFORE, TO WHICH THEY BOTH STATED THEY HAD NOT. I MADE CONTACT WITH THE DEFENDANT AGAIN AND READ HIM MIRANDA WARNINGS, VIA AGENCY PRE-PRINTED CARD, TO WHICH HE STATED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH ME. I ASKED THE DEFENDANT IF HE HAD EVER SEEN THE PINK METAL CONTAINER OR THE PILLS LOCATED INSIDE BEFoRE, TO WHICH HE STATED HE HAD NOT. I ADVISED THE DEFENDANT THAT THE CONTAiner was located in his constructive possession in the rear seat. the defendant stated he was picked up by mr genco to go to the gas station and that he had never seen thE container before. the defendant was transported to the citrus county detention facility where upon arrival, he was booked, processed and held on a $5,000.00 BOND, 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* |
