| Probable cause affidavit: |
SUBMITTED BY: CRUZ, ABNER 0517 (AR10118285) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: OXYCODONE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). ON 120810, WHILE TRAVELING ON NORTH DELTONA BOULEVARD, I OBSERVED A WHITE TOYOTA SPORT UTILITY VEHICLE (SUV) TRAVELING SOUTHBOUND IN THE NORTHBOUND LANE, AT WHICH TIME I PROCEEDED TO MAKE A U-TURN TO ATTEMPT TO CATCH UP WITH THE VEHICLE. I EVENTUALLY CAUGHT UP WITH THE ABOVE MENTIONED VEHICLE, A WHITE TOYOTA SUV, BEARING FLORIDA TAG NUMBER H801WD, AT WHICH TIME I PROCEEDED TO INITIATE A TRAFFIC STOP. I ACTIVATED MY EMERGENCY LIGHTS. THE VEHICLE CAME TO A COMPLETE STOP IN THE DRIVEWAY OF 1794 WEST GARDENIA DRIVE, AT WHICH TIME I PROCEEDED TO THE DRIVER'S SIDE OF THE VEHICLE TO MAKE CONTACT WITH THE DRIVER, WHILE DEPUTY BERGEN APPROACHED THE PASSENGER SIDE. WHILE WALKING TO THE VEHICLE I OBSERVED THE PASSENGER MAKING SUDDEN MOVEMENTS IN WHAT APPEARED TO BE AN ATTEMPT TO CONCEAL SOMETHING. I MADE CONTACT WITH THE DRIVER, AND REQUESTED THE DRIVER'S LICENSE, REGISTRATION AND INSURANCE, which HE DID PROVIDE. HE WAS IDENTIFIED AS MR JAMES MICHAEL ALONSO, PER HIS DRIVER'S LICENSE. I EXPLAINED TO MR ALONSO THE REASON FOR THE TRAFFIC STOP, TO WHICH HE ACKNOWLEDGED COMMITTING THE INFRACTION AND WAS VERY APOLOGETIC. AT THAT TIME DEPUTY BERGEN WAS REQUESTING THE DRIVER'S LICENSE from the PASSENGER, WHO WAS IDENTIFIED AS MR BUTCH FOWLER. I THEN VERIFIED THE INFORMATION I HAD RECEIVED FROM THE DRIVER THROUGH FCIC/NCIC. AT THAT TIME I ADVISED THE DRIVER THAT HE WOULD BE RECEIVING A WARNING FOR THE INFRACTION OF DRIVING ON THE WRONG SIDE OF THE ROAD; WARNING NUMBER 312001B. I THEN ASKED THE DRIVER IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE OR ON HIS PERSON THAT I NEEDED TO BE AWARE OF, TO WHICH HE STATED, NO. AT THAT TIME I REQUESTED PERMISSION TO SEARCH HIS VEHICLE, TO WHICH HE AGREED. I ASKED THE DRIVER TO EXIT THE VEHICLE. AFTER THE DRIVER EXITED THE VEHICLE I ASKED HIM IF I COULD SEARCH HIS PERSON, TO WHICH HE REPLIED, "GO AHEAD". WHILE SEARCHING THE DRIVER I DISCOVERED IN THE RIGHT CHANGE POCKET OF HIS JEANS, A CLEAR PLASTIC BAG CONTAINING SEVEN BLUE PILLS, WHICH I IMMEDIATELY RECOGNIZED AS BEING OXYCODONE. THE REMAINDER OF THE SEARCH YIELDED NEGATIVE RESULTS. AT THAT TIME THE DRIVER, MR JAMES ALONSO WAS HANDCUFFED (DOUBLE LOCKED) AND ASKED TO STAND IN FRONT OF MY VEHICLE, WITH DEPUTY CARRERAS WHILE I COMPLETED A SEARCH OF THE VEHICLE. I THEN MADE CONTACT WITH DEPUTY BERGEN WHO HAD DISCOVERED A HYPODERMIC NEEDLE ON THE FRONT PASSENGER SIDE OF THE VEHICLE BETWEEN THE SEAT AND THE CENTER CONSOLE, WHICH WAS CONSISTENT WITH THE MOVEMENT OF THE PASSENGER THAT I HAD OBSERVED EARLIER. THE REMAINDER OF THE SEARCH OF THE VEHICLE YIELDED NOTHING FURTHER. AT THAT TIME MR ALONSO WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF A CONTROLLED SUBSTANCE WITHOUT PRESCRIPTION (OXYCODONE). DEPUTY BERGEN READ MIRANDA TO MR ALONSO AND POST MIRANDA HE ADMITTED THAT THE PILLS WERE HIS AND HE HAD PURCHASED THEM FROM A "GUY" ON THE STREET. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY RICHEY, ID: 0678. THE PILLS WERE TURNED OVER TO EVIDENCE AT SHERIFF'S OFFICE EMERGENCY OPERATION'S CENTER (EOC). THE DEFENDANT'S BOND WAS SET AT $5,000.00. “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* |
