| Probable cause affidavit: |
SUBMITTED BY: PERUCHE, THOMAS 0638 (AR11121695) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT UNDER TWENTY GRAMS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B) AND 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: CANNABIS, SAID OBJECT BEING A GLASS SMOKING PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1) ON 071311 AT 0024 HOURS, I CONDUCTED A TRAFFIC STOP ON A LIGHT BLUE FOUR DOOR HONDA ACCORD BEARING FLORIDA TAG AJYQ50 IN REFERENCE TO TRAVELING 51 MILES PER HOUR (MPH) IN A POSTED 40 MPH SPEED ZONE. UPON MAKING CONTACT WITH THE DRIVER AND OBTAINING HER INFORMATION, I RETURNED TO MY PATROL VEHICLE AND REQUESTED CANINE DEPUTY VIGGIANO AND CANINE CONAN TO RESPOND AS I BELIEVED I COULD SMELL THE ODOR OF CANNABIS. UPON THE ARRIVAL OF CANINE DEPUTY VIGGIANO AND CANINE CONAN, THEY CONDUCTED AN EXTERIOR WALK AROUND OF THE VEHICLE. I WAS ADVISED BY CANINE DEPUTY VIGGIANO THAT CANINE CONAN HAD MADE A POSITIVE ALERT ON THE PASSENGER DOOR. BOTH THE DRIVER AND THE DEFENDANT, MR JAMES ROBERT HEAL, WERE ASKED TO EXIT THE VEHICLE, WHICH THEY DID. THE VEHICLE WAS SEARCHED BY CANINE DEPUTY VIGGIANO AND DEPUTY S PHILLIPS WHERE THEY LOCATED A BLUE GLASS SMOKING PIPE WITH RESIDUE, THAT LATER TESTED POSITIVE FOR CANNABIS, ON THE PASSENGER SIDE FLOORBOARD. THEY ALSO LOCATED A BLACK METAL CONTAINER, WHICH CONTAINED A GREEN LEAFY SUBSTANCE WHICH LATER TESTED POSITIVE FOR CANNABIS, IN THE PASSENGER DOOR POCKET. A SMALL BAGGIE WAS ALSO LOCATED IN THE CENTER CONSOLE. THIS TOO CONTAINED A SMALL AMOUNT OF GREEN LEAFY SUBSTANCE WHICH LATER TESTED POSITIVE FOR CANNABIS. I THEN SPOKE WITH THE DEFENDANT AND READ HIM MIRANDA VIA CARD, TO WHICH HE ADVISED HE UNDERSTOOD HIS RIGHTS AND STATED HE DID WISH TO SPEAK TO ME REGARDING THE INCIDENT. THE DEFENDANT ADMITTED THAT THE CANNABIS WAS HIS AS WELL AS THE MARIJUANA PIPE AND ADVISED THAT ALL OF IT BELONGED TO HIM. AT THAT TIME, I PLACED THE DEFENDANT UNDER ARREST. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND LATER TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS CHARGED WITH ONE COUNT OF POSSESSION OF MARIJUANA IN AN AMOUNT UNDER TWENTY GRAMS AND POSSESSION OF DRUG PARAPHERNALIA. HIS BOND WAS SET AT A TOTAL OF $1,000.00, IN ACCORDANCE WITH THE BOND SCHEDULE. IT SHOULD BE NOTED THE MARIJUANA WAS WEIGHED AT THE DETENTION FACILITY, WITHIN THE PLASTIC BAGGIE, AND WEIGHED 4.5 GRAMS. "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* |
