Probable cause affidavit: |
SUBMITTED BY: DEARDEN, CHRIS 0363 (AR09112551) knowingly, actually and intentionally touch or strike DEPUTY CHRIS DEARDEN, a LAW ENFORCEMENT OFFICER WITH THE CITRUS COUNTY SHERIFF'S OFFICE, against the will of that person while knowing that the said OFFICER was engaged in a lawful performance of HIS legal duties, in violation of Florida Statute 784.07 AND 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: MARIJUANA, SAID OBJECT BEING A WOODEN PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1) ON 122509, I RESPONDED TO THE AREA OF MOSSY OAK AND HILLSIDE AS BACKUP IN REFERENCE TO A VEHICLE SNIFF. ONCE ON SCENE, CONTACT WAS MADE WITH THE DRIVER OF A 2000 RED FORD F-250 TRUCK, LATER IDENTIFIED AS THE DEFENDANT, MR JAKE AUSTIN JENSEN. I WAS ADVISED BY DEPUTIES ON SCENE THAT THE DEFENDANT HAD REFUSED CONSENT TO SEARCH HIS VEHICLE. I ADVISED THE DEFENDANT THAT I WOULD BE WALKING MY CANINE AROUND THE OUTSIDE OF HIS VEHICLE AND REQUESTED THAT ALL WINDOWS BE ROLLED UP. I RETRIEVED CANINE TYSON FROM MY PATROL VEHICLE AND CONDUCTED AN EXTERIOR SNIFF OF THE VEHICLE BEGINNING AT THE FRONT DRIVER SIDE CORNER, PROCEEDING IN A COUNTER CLOCKWISE DIRECTION. ONCE AT THE REAR DOOR SEAM OF THE FRONT PASSENGER DOOR, CANINE TYSON ALERTED , AT WHICH TIME THE DEFENDANT ROLLED DOWN HIS WINDOW AND BEGAN YELLING, COMPLAINING THAT MY DOG HAD SCRATCHED HIS VEHICLE. I RE-SECURED CANINE TYSON IN MY PATROL VEHICLE AND THE DEFENDANT WAS INSTRUCTED TO STEP OUT OF THE VEHICLE. ONCE THE DEFENDANT WAS OUTSIDE OF THE VEHICLE, HE IMMEDIATELY WALKED AROUND THE FRONT OF THE VEHICLE TO THE PASSENGER SIDE. I WALKED AROUND THE BACK OF THE VEHICLE AND ADVISED THE DEFENDANT TO STEP TO THE BACK AND STAND NEAR THE FRONT OF A PATROL VEHICLE. THE DEFENDANT DID NOT COMPLY AND INSTEAD CONTINUED TO COMPLAIN ABOUT SCRATCHES. THE DEFENDANT REACHED UP FOR THE DOOR HANDLE TO THE VEHICLE, At WHICH time, I PLACED MY HAND ON THE DEFENDANT'S LEFT ARM AND AGAIN INSTRUCTED HIM TO STEP AWAY FROM THE VEHICLE, TO WHICH THE DEFENDANT TURNED AND PUSHED ME. I THEN GRABBED THE DEFENDANT BY THE FRONT OF HIS SHIRT AND TOOK HIM TO THE GROUND, AT WHICH TIME BACKUP DEPUTIES ASSISTED ME IN HANDCUFFING THE DEFENDANT BEHIND HIS BACK. THE DEFENDANT WAS THEN SECURED IN THE REAR SEAT OF DEPUTY VENTIMIGLIA'S PATROL VEHICLE. AN INTERIOR SEARCH OF THE DEFENDANT'S VEHICLE WAS THEN CONDUCTED. IN THE BACK SEAT, IN A CAMOUFLAGE BACKPACK ON THE PASSENGER SIDE OF THE VEHICLE, A WOODEN PIPE WAS FOUND. THE BOWEL AREA OF THE PIPE DID NOT CONTAIN ANY BURNT SUBSTANCE BUT DID SMELL OF MARIJUANA. THIS PIPE WAS COLLECTED AND LATER SUBMITTED IN TO EVIDENCE. NO OTHER ITEMS OF CONTRABAND WERE FOUND. DEPUTY VENTIMIGLIA TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT ON SCENE. I RESPONDED TO THE DETENTION FACILITY FOR PROCESSING OF THE DEFENDANT. AS PER THE BOND SCHEDULE, THE DEFENDANT'S TOTAL BOND WAS SET AT $5,500.00. *NOT-EXEMPT* |