| Probable cause affidavit: |
SUBMITTED BY: CUTLIP, JOSHUA 0721 (AR12124324) THE DEFENDANT DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: FOUR ROUND BLUE ROXYCODONE PILLS AND APPROXIMATELY ONE QUARTER GRAM OF METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A) 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 CLEAR GLASS PIPE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1) ON 10 AT APPROXIMATELY 2010 HOURS, I WAS DISPATCHED TO THE AREA OF CONSTITUTION BOULEVARD AND REAGAN STREET WEST IN INVERNESS IN REFERENCE TO A VERBAL ALTERCATION BETWEEN A MALE SUBJECT AND TWO FEMALE SUBJECTS INVOLVING DRUGS AND A GLASS PIPE. UPON ARRIVAL IN THE AREA, I WAS ADVISED BY DISPATCH THAT IT WOULD BE THE FIRST RESIDENCE TO THE RIGHT ON CONSTITUTION BOULEVARD, WHICH WAS 908 CONSTITUTION BOULEVARD. DEPUTY L CANFIELD AND DEPUTY POLLARD ALSO RESPONDED AS BACKUP. CONTACT WAS MADE WITH THE HOMEOWNER, IDENTIFIED AS MS SANTANA SCHIEDENHELM, WHO ADVISED THAT TO HER KNOWLEDGE, THERE HAD NOT BEEN AN ALTERCATION AT HER RESIDENCE. DEPUTY POLLARD REQUESTED THAT ALL OCCUPANTS OF THE RESIDENCE STEP OUTSIDE AND THEY COMPLIED. DEPUTY POLLARD SEPARATED MS SCHIEDENHELM FROM THE OTHER OCCUPANTS OF THE RESIDENCE AND RETURNED WITH HER TO THE FRONT OF HIS PATROL VEHICLE. AS I ACCOMPANIED DEPUTY POLLARD TO HIS PATROL VEHICLE, I OBSERVED A WHITE MALE EXIT THE RESIDENCE WITH A WHITE GARBAGE BAG IN HAND. THE WHITE MALE PROCEEDED DOWN THE DRIVEWAY AND PUT THE GARBAGE BAG IN THE TRASH CAN. THE WHITE MALE APPROACHED DEPUTY CANFIELD'S PATROL VEHICLE, AT WHICH TIME I MADE CONTACT WITH THE WHITE MALE SUBJECT AND REQUESTED TO SPEAK WITH HIM. SINCE I DID NOT KNOW THIS MALE SUBJECT'S IDENTITY OR HIS INVOLVEMENT, IF ANY, IN THE SITUATION I ASKED HIM FOR HIS IDENTIFICATION. THE WHITE MALE SUBJECT PROVIDED HIS FLORIDA IDENTIFICATION CARD IDENTIFYING HIM AS MR JAMES EDWARD BORTON. MR BORTON STATED THAT EVEN THOUGH THIS WAS HIS LISTED RESIDENCE HE DID NOT ALWAYS STAY THERE AND THAT HE FREQUENTED OTHER PLACES TO STAY. I THEN REQUESTED PERMISSION TO SEARCH MR BORTON FOR CONTRABAND OR ANYTHING THAT WOULD STICK OR CUT ME. MR BORTON STATED HE HAD NOTING ILLEGAL ON HIS PERSON AND GAVE ME PERMISSION TO SEARCH HIM. AFTER GAINING CONSENT TO SEARCH, I POSITIONED MYSELF BEHIND MR BORTON AND BEGAN A PAT-DOWN SEARCH IN A PRE-DETERMINED, METHODICAL PATTERN. IN MR BORTON'S RIGHT FRONT PANTS POCKET I LOCATED A CYLINDRICAL OBJECT WAS A ROUND BULGING END WHICH MR BORTON STATED WAS HIS CIGARETTE LIGHTER. HOWEVER, DUE TO MY TRAINING AND EXPERIENCE, I WAS ABLE TO DETERMINE THE OBJECT WAS POSSIBLY A METHAMPHETAMINE PIPE. THIS OBJECT WAS REMOVED FROM HIS PANTS POCKET and I DISCOVERED A CLEAR GLASS SMOKING PIPE WITH A WHITE RESIDUE ON THE INSIDE. THERE WAS ALSO A BURNT BOTTOM PORTION INDICATING DRUG USE. MR BORTON WAS THEN PLACED UNDER ARREST FOR POSSESSION OF DRUG PARAPHERNALIA AND HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. MR BORTON DENIED ANY KNOWLEDGE OF THE CLEAR GLASS SMOKING PIPE IN HIS POSSESSION. I ASKED MR BORTON AGAIN IF HE HAD ANY OTHER ITEMS ON HIS PERSON I SHOULD KNOW ABOUT AND HE STATED HE DID NOT HAVE ANYTHING ELSE. A FURTHER SEARCH OF MR BORTON REVEALED FOUR ROUND BLUE PILLS WITH "A215" AND A SCORE MARK DOWN THE MIDDLE. THESE PILLS WERE LOCATED IN THE RIGHT FRONT CHANGE POCKET OF HIS PANTS. MR BORTON THEN SPONTANEOUSLY UTTERED "THE BLUE PILLS ARE ROXY'S AND I DON'T HAVE A PRESCRIPTION FOR THEM AND THEY BELONG TO MY FIANCÉE." HE STATED SHE DID NOT KNOW HE HAD THE PILLS. I COMPLETED THE SEARCH AND LOCATED IN HIS LEFT FRONT PANTS POCKET A SILVER METALLIC SPOON BENT IN A DOWNWARD POSITION. MR BORTON ALSO DENIED DRUG USE WITH THE SPOON. I AGAIN ASKED MR BORTON IF HE HAD ANYTHING ELSE ON HIS PERSON THAT I SHOULD BE AWare of. he again said no, that he Had noThing else on him. i asked MR BORTON if he had anything in his shoes and he stated "i'm not sure," at which time I told HIM to remove his shoes one at a time. when he removed his left shoe, i observed in plain view a hypodermic needle inside the shoe. the needle had an orange end cap on it AND APPEARED TO HAVE A CLEAR RESIDUE ON THE INSIDE OF THE NEEDLE. MR BORTON then stated he did not know that there was a needle in his shoe. after completing a thorough search of the defendant's person, no other items of contraband were located. the defendant was secured in the rear seat of my patrol vehicle. i collected all of the PARAPHERNALIA along with the four round blue pills. the ITEMS OF contraband wERE then secured in the trunk of my patrol vehicle. the defendant was transported to the citrus county detention facility for further processing. UPON ARRIVAL AT THE DETENTION FACILITY, WHILE INSPECTING THE DEFENDANT'S PROPERTY, SPECIFICALLY HIS BLACK WALLET, IN THE INTERIOR POCKET I LOCATED A CELLOPHANE CIGARETTE WRAPPER INSIDE OF WHICH WAS LOCATED A WHITE CRYSTALLIZED SUBSTANCE. THIS SUBSTANCE WAS TESTED USING A FIELD TEST KIT AND YIELDED A POSITIVE RESULT FOR METHAMPHETAMINE. THE SUBSTANCE WAS WEIGHED AND WEIGHED APPROXIMATELY ONE QUARTER GRAM. ALL CONTRABAND WAS PACKAGED AND LATER TURNED IN TO EVIDENCE. the defendant was booked and held on a total bond of $4,500.00, 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* |
