| Probable cause affidavit: |
SUBMITTED BY: HESSE, NICHOLAS 0689 (AR14-11337) (14-102645) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: ONE 30 MILLIGRAM (MG) MORPHINE SULFATE PILL, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); AND DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: ONE HYDROCODONE BITARTRATE (365MG OF HYDROCODONE ACETAPHETAMINE MIXTURE), IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); AND DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). ON 072614 AT 2059 HOURS, I CONDUCTED A TRAFFIC STOP AT THE INTERSECTION OF SOUTH COLUMBUS STREET AND BEVERLY HILLS BOULEVARD ON A GREEN MAZDA PICKUP TRUCK, BEARING FLORIDA LICENSE PLATE 9196JD, FOR HAVING AN INOPERABLE TAG LIGHT. PRIOR TO MAKING CONTACT WITH THE DEFENDANT, I WAS NOTIFIED BY DISPATCH THAT THE TAG WAS EXPIRED AS OF 080711. UPON MAKING CONTACT with THE DRIVER, WHO WAS IDENTIFIED AS the DEFENDANT, MR JAMES EARLEY, AND AFTER SPEAKING WITH HIM, IT WAS DETERMINED that HE HAD KNOWLEDGE OF HIS LICENSE BEING SUSPENDED FOR CHILD SUPPORT FINANCIAL REASONS. DURING MY CONVERSATION WITH HIM, HE ADVISED THAT HE HAD PAID HIS FEES IN FULL; HOWEVER, HE HAD NOT PAID THE REINSTATEMENT FEE TO OBTAIN HIS LICENSE BACK. AT THAT TIME, I INSTRUCTED THE DEFENDANT TO REMAIN IN THE VEHICLE AND I RETURNED TO MY PATROL VEHICLE. ONCE THERE, I REQUESTED ANOTHER UNIT TO BE EN ROUTE TO MY LOCATION. I BRIEFLY MADE CONTACT WITH THE DEFENDANT AGAIN TO INQUIRE ABOUT THE TAG BEING EXPIRED AND HE ADVISED THAT HE ONLY DRIVES THE TRUCK AROUND BEVERLY HILLS AND HAS NOT RENEWED THE REGISTRATION IN QUITE SOME TIME. I ALSO TOLD HIM THAT AN IMPROPER DECAL WAS ON THE LICENSE PLATE, WHICH BELONGS TO ANOTHER SUBJECT, WHO THE DEFENDANT IDENTIFIED AS HIS BOSS. MR EARLEY COULD NOT ADVISE HOW THE DECAL BECAME AFFIXED TO HIS TAG. SHORTLY AFTER, DEPUTY NEAL ARRIVED ON SCENE AND MADE CONTACT WITH THE OCCUPANTS of the VEHICLE WHILE I RESEARCHED THE DEFENDANT'S DRIVING HISTORY AND VEHICLE INFORMATION. DEPUTY NEAL ADVISED THAT HE HAD OBTAINED CONSENT FROM THE OCCUPANTS TO SEARCH THE VEHICLE AND I OBSERVED HIM SEARCH BOTH SUBJECTS AND HAD THEM STAND AT THE FRONT OF MY PATROL VEHICLE WHILE HE SEARCHED THE VEHICLE. ALMOST IMMEDIATELY AFTER BEGINNING HIS SEARCH, DEPUTY NEAL ASKED THE DEFENDANT WHAT THE PILL WAS LOCATED IN HIS WALLET AND THE DEFENDANT REPLIED LORTAB AFTER INITIALLY STATING THAT SOMEONE ELSE HAD USED HIS TRUCK. AFTER LEARNING THIS INFORMATION, I PLACED THE DEFENDANT IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK and DEPUTY NEAL CONTINUED TO SEARCH THE VEHICLE AND FOUND ANOTHER SMALL PHARMACEUTICAL PILL AND ASKED THE DEFENDANT WHAT TYPE OF PILL IT WAS AND THE DEFENDANT ADVISED IT WAS MORPHINE. I ASKED THE DEFENDANT IF HE CRUSHED AND SNORTED the PILLS OR DID HE INJECT THEM AND HE STATED HE NEVER INJECTED HE would ONLY EAT THEM OR SNORT THEM. AFTER THE SEARCH WAS COMPLETED THE TRUCK WAS RELEASED TO THE OTHER OCCUPANT AND the DEFENDANT WAS THEN PLACED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE EN ROUTE TO THE DETENTION FACILITY, the DEFENDANT STATED HE HAS BEEN ADDICTED TO OPIATE BASED MEDICATIONS FOR 10 YEARS AND HE DOES NOT CURRENTLY HOLD A PRESCRIPTION FOR EITHER OF THE PILLS LOCATED IN the VEHICLE. ONCE THERE, ONE OF THE PILLS WAS IDENTIFIED AS MORPHINE SULFATE 30MG, A ROUND PURPLE PILL, AND THE OTHER WAS HYDROCODONE BITARTRATE 365MG IN A WHITE OBLONG PILL. WHILE AT the DETENTION FACILITY, THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION NUMBER A126ZHP FOR DRIVING WHILE LICENSE SUSPENDED (KNOWINGLY), WITH A COURT DATE TO BE DETERMINED UPON HIS RELEASE. the DEFENDANT'S TOTAL BOND WAS SET AT $5,000.00 PER THE BOND SCHEDULE. |
