| Probable cause affidavit: |
SUBMITTED BY: SMITH, STEVE 0292 (AR09108122) did knowingly, willfully and feloniously be in the actual or constructive possession of a controlled substance, to-wit: THREE OBLONG WHITE PILLS IDENTIFIED AS HYDROCODONE FIVE MILLIGRAMS, in violation of Florida Statutes 893.13(6)(B) and 893.03(C)(D); 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: AN EMPTY PACK OF CIGARETTES USED TO CONCEAL THE NARCOTICS, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B), ON 031309, WHILE DOING A SPECIAL DETAIL AT PROGRESS ENERGY MYSELF AND K-9 DEPUTY TACKETT WERE WALKING GANG BOXES/STORAGE BOXES WHICH ARE BOXES THAT ARE POSITIONED ON THE JOB SITE AT PROGRESS ENERGY WHERE THEY STORE TOOLS AND OTHER ITEMS. UPON WALKING THE CANINE THE CANINE DID ALERT TO A GREEN BOX, WHICH WAS IDENTIFIED TO BELONG TO THE DEFENDANT. CONTACT WAS MADE WITH THE DEFENDANT BY PROGRESS ENERGY SECURITY . UPON DOING A BRIEF INTERVIEW WITH HIM. HE SIGNED A CONSENT TO SEARCH FORM WITH THEM AND STATED HE HAD NO IDEA WHY THE DOG WOULD HAVE ALERTED. AT THAT TIME, I MADE CONTACT with the DEFENDANT, ASKED HIM IF HE HAD ANYTHING INSIDE THE BOX. HE ADVISED THAT HE DID NOT. AT THAT TIME, I ASKED HIM IF HE HAD ANYTHING ON HIS PERSON AND HE IMMEDIATELY REACHED INTO HIS RIGHT POCKET WITH HIS RIGHT HAND REMOVING A BOTTLE. WHEN ASKED WHAT IT WAS, HE SHOWED ME A BOTTLE, WHICH CONTAINED URINE. I ASKED HIM IF THIS WAS SO HE WOULD BE ABLE TO PASS HIS URINE TEST AND HE ADVISED THAT WAS WHAT HE USED IT FOR. I ASKED HIM IF HE HAD ANYTHING ELSE ON HIM AND HE ADVISED THAT IN HIS POCKET IN AN EMPTY CIGARETTE PACK HE HAD SOME PILLS. AT THAT TIME I REACHED INTO THE POCKET IDENTIFIED BY THE DEFENDANT, REMOVING A MARLBORO CIGARETTE PACK, WHICH DID CONTAIN THREE WHITE OBLONG PILLS IDENTIFIED THROUGH POISON CONTROL/OPERATOR PAMELA, AS HYDROCODONE FIVE MILLIGRAM, WHICH IS A SCHEDULE THREE NARCOTIC. ALSO LOCATED ON THE DEFENDANT WAS TWO AIR ACTIVATED HEAT WRAPS, WHICH HE ADVISED HE USED TO WRAP THE BOTTLE OF URINE SO IF HE HAD A URINE TEST THE URINE WOULD PASS THE HEAT TEST. AT THAT TIME, THE DEFENDANT WAS ARRESTED, HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT. HIS BOND WAS SET AT $5,500.00 PER THE BOND SCHEDULE. ALL CONTRABAND WAS TURNED IN TO EVIDENCE. *NOT-EXEMPT* |
