| Probable cause affidavit: |
SUBMITTED BY: MARSHALL, EVAN 1336 (AR16-18191) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO-WIT: DID ADMIT TO SELLING MARIJUANA POST MIRANDA, WITH THE INTENT TO SELL THE SAID SUBSTANCE TO ANOTHER PERSON, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(1); DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: 1.1 GRAMS OF METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: 26.6 GRAMS OF VARIOUS FORMS OF MARIJUANA , IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); \t 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: DIGITAL SCALE WITH MARIJUANA RESIDUE, GALLON SIZE BAG WITH MARIJUANA RESIDUE, ROLLING PAPERS, BOX OF SANDWICH BAGGIES AND METHAMPHETAMINE PIPE WITH METHAMPHETAMINE RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.147(1). ON 020616, I WAS DISPATCHED TO 1010 NORTH U S HIGHWAY 41 IN INVERNESS, IN REFERENCE TO A SUSPICIOUS VEHICLE. A TOW TRUCK DRIVER CALLED INTO DISPATCH STATING THAT HE CAME TO PICK UP A CAR AND WAS UNABLE TO WAKE UP THE OCCUPANT. UPON MY ARRIVAL, I OBSERVED A MALE OCCUPANT, LATER IDENTIFIED AS THE DEFENDANT, MR JACOB THORNBERRY, TO BE SEATED IN THE DRIVER'S SEAT OF THE VEHICLE, ASLEEP WITH HIS DRIVER WINDOW DOWN. UPON WALKING UP TO THE DRIVER'S DOOR OF THE VEHICLE, I COULD SMELL A VERY STRONG ODOR OF MARIJUANA. AT THAT TIME, I YELLED ''HEY'' TO THE DEFENDANT IN ORDER TO WAKE HIM UP. THE DEFENDANT WOKE UP AND LOOKED AT ME. I ASKED THE DEFENDANT IF HE WAS ALRIGHT AND HE STATED YES, BUT HE WAS COLD AND TIRED. I ASKED THE DEFENDANT IF HE MINDED STEPPING OUT OF THE VEHICLE AND TALKING TO ME. HE STATED THAT WAS OK AND OPENED HIS OWN DOOR AND STEPPED OUT. WHILE STANDING AND TALKING TO THE DEFENDANT MAKING SURE IF HE WAS OK, I ASKED IF HE HAD A FLORIDA DRIVER'S LICENSE OR IDENTIFICATION CARD AND IF HE MINDED IF I LOOKED AT IT. THE DEFENDANT STATED NO PROBLEM, AND PROVIDED ME WITH HIS FLORIDA DRIVER'S LICENSE. I THEN ASKED THE DEFENDANT IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE, DUE TO ME HAVING SMELLED MARIJUANA. THE DEFENDANT STATED NO, THERE WAS NOTHING IN THE VEHICLE. I ASKED THE DEFENDANT IF I COULD LOOK INSIDE HIS VEHICLE FOR ANY ILLEGAL ITEMS. THE DEFENDANT STATED THAT I COULD LOOK IN HIS VEHICLE, BUT THERE WAS NOTHING IN THERE. UPON LEANING IN THE VEHICLE, THE ODOR OF MARIJUANA BECAME MUCH STRONGER. INSIDE A CIGARETTE PACK ON THE CENTER CONSOLE I FOUND A USED MARIJUANA CIGARETTE. UPON LOOKING IN THE BACK SEAT, I FOUND A SMALL BLUE DUFFLE BAG AND WHEN I LOOKED INSIDE THE DUFFLE BAG I SAW A LARGE BAG OF MARIJUANA BUD, AS WELL AS A SMALL CLEAR PLASTIC BAGGIE, WHICH APPEARED TO CONTAIN METHAMPHETAMINE. AT THAT TIME, I PICKED UP THE BLUE DUFFLE BAG AND BROUGHT IT TO DEPUTY COOK'S (1333) PATROL VEHICLE, WHO HAD ARRIVED ON SCENE, AND SET IT ON THE HOOD. I TOLD THE DEFENDANT THAT I WAS GOING TO PLACE HIM IN HANDCUFFS AND HE WAS GOING TO BE DETAINED FOR FURTHER INVESTIGATION. AFTER PLACING THE DEFENDANT IN HANDCUFFS, I READ HIM HIS MIRANDA WARNING AND HE STATED THAT HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK TO ME. I ASKED THE DEFENDANT WHAT WAS IN THE BAG AND IF THERE WAS ANYTHING ELSE IN THE VEHICLE. THE DEFENDANT STATED THERE WAS NOTHING ELSE IN THE VEHICLE OTHER THAN THE JOINT AND IN THE BLUE BAG THERE WAS WEED, BUT THAT ''OTHER SHIT'' WAS NOT HIS. I ASKED THE DEFENDANT WHAT HE MEANT BY ''OTHER SHIT'' AND HE STATED ''YOU KNOW IF THERE IS OTHER SHIT IN THERE BY THAT WEED''. AT THAT TIME, I PULLED OUT THE BAG CONTAINING THE MARIJUANA BUDS AND THE SMALL BAGGIE OF METHAMPHETAMINE. THE DEFENDANT STATED THAT THE METHAMPHETAMINE BELONGED TO HIS FRIEND AND IT WAS NOT HIS. AS I CONTINUED TO SEARCH THE BLUE BAG, I FOUND ANOTHER GALLON BAG WITH LOOSE MARIJUANA IN IT. I ALSO FOUND A PIECE OF PARCHMENT PAPER AND WHEN I PULLED IT OUT OF THE BLUE BAG THE DEFENDANT STATED ''THATâS JUST A LITTLE BIT OF WAX'', REFERRING TO MARIJUANA WAX EXTRACT. AS I CONTINUED TO SEARCH THE BLUE BAG, THE DEFENDANT STATED THAT I WOULD PROBABLY FIND A METHAMPHETAMINE PIPE. I THEN PULLED OUT A RED WASH CLOTH WHICH CONTAINED A USED METHAMPHETAMINE PIPE WITH METHAMPHETAMINE RESIDUE IN IT. I ASKED THE DEFENDANT IF THAT WAS HIS METHAMPHETAMINE PIPE AND THE DEFENDANT STATED ''THAT COULD BE MINE OR IT COULD BE ANOTHER PIPE''. I ASKED THE DEFENDANT IF HE HAD SMOKED METHAMPHETAMINE OUT OF THAT PIPE TONIGHT AND THE DEFENDANT STATED YES, HE AND HIS FRIEND SMOKED METHAMPHETAMINE OUT OF THAT PIPE AND THAT WAS PROBABLY WHY HE WAS SLEEPING, BECAUSE HE WAS COMING DOWN OFF OF IT. ALSO IN THE BAG, I FOUND A SCALE, ROLLING PAPERS, AND SANDWICH BAGS. I ASKED THE DEFENDANT IF HE SELLS METHAMPHETAMINE, AS WELL AS MARIJUANA AND THE DEFENDANT STATED THAT HE ONLY SELLS WEED AND DOESNâT SELL METHAMPHETAMINE. THE DEFENDANT ADVISED THAT HE HAD ONLY SMOKED METHAMPHETAMINE APPROXIMATELY FIVE TIMES EVER. THE MARIJUANA BUDS WEIGHED APPROXIMATELY 13.5 GRAMS IN THE BAGGIE. THE LOOSE MARIJUANA WEIGHED APPROXIMATELY 10.4 GRAMS AFTER BEING POURED INTO A SMALLER EVIDENCE BAGGIE. THE MARIJUANA WAX WEIGHED APPROXIMATELY 2.6 GRAMS INCLUDING THE PARCHMENT PAPER. THE USED MARIJUANA CIGARETTE WEIGHED APPROXIMATELY 0.1 GRAMS. THE METHAMPHETAMINE WAS TESTED UTILIZING AN AGENCY ISSUED FIELD TEST KIT, WHICH YIELDED A POSITIVE RESULT FOR THE PRESENCE OF METHAMPHETAMINE. THE METHAMPHETAMINE WEIGHED APPROXIMATELY 1.1 GRAMS IN A SMALL PLASTIC BAGGIE. I ASKED THE DEFENDANT IF HE SOLD DRUGS OFTEN AND THE DEFENDANT STATED THAT HE ONLY SELLS A SMALL AMOUNT OF MARIJUANA AND HE HAD MESSED UP BY ALLOWING HIS FRIEND TO PUT METHAMPHETAMINE IN HIS BAG NEXT TO HIS MARIJUANA. ALL EVIDENCE WAS PACKAGED AND TURNED IN TO EVIDENCE. THE DEFENDANT'S VEHICLE WAS TOWED AT HIS REQUEST TO A LOCATION OF HIS CHOICE. PER THE DEFENDANT'S REQUEST, HIS WALLET WITH APPROXIMATELY $598.00 IN CASH WAS LEFT IN THE CENTER CONSOLE OF THE VEHICLE TO BE PICKED UP BY HIS GIRLFRIEND AT THE TOW YARD. THE DEFENDANT WAS PLACED UNDER ARREST AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF POSSESSION OF MARIJUANA WITH INTENT TO SELL WITH A BOND OF $2,000.00, ONE COUNT OF POSSESSION OF METHAMPHETAMINE WITH A BOND OF $2,000.00, ONE COUNT OF POSSESSION OF MARIJUANA OVER 20 GRAMS WITH A BOND OF $2,000.00 AND ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA WITH A BOND OF $1,000.00, FOR A TOTAL BOND OF $7,000.00, PER THE BOND SCHEDULE. |
