| Probable cause affidavit: |
SUBMITTED BY: WEST, JAMES 1286 (AR16-20886) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: ONE CLEAR PLASTIC BAGGIE CONTAINING MARIJUANA WEIGHTING APPROXIMATELY 6.5 GRAMS AND ONE CLEAR PLASTIC BAGGIE CONTAINING MARIJUANA WEIGHING APPROXIMATELY 27.0 GRAMS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). 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: A DIGITAL SCALE AND THREE-THREE SMALL CLEAR PLASTIC BAGGIES WITH EIGHT BALL POOL BALLS PATTERNED ON THEM, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 090716, AT APPROXIMATELY 2139 HOURS, I RESPONDED TO THE AREA OF WEST HIGHLAND STREET AND SOUTH CANDLENUT AVENUE LOCATED IN HOMOSASSA IN REFERENCE TO A SUSPICIOUS VEHICLE. I WAS ADVISED THAT A HONDA CIVIC HAD BEEN SITTING OCCUPIED IN A VACANT LOT NEAR A RESIDENCE. WHILE EN ROUTE DOWN WEST HIGHLAND STREET, I OBSERVED A GOLD HONDA CIVIC TRAVELING WESTBOUND ON WEST HIGHLAND STREET. I CONDUCTED A U-TURN AND FOLLOWED THE VEHICLE. I OBSERVED THE GOLD HONDA TO BE BEARING FLORIDA LICENSE PLATE NUMBER GZNJ79. THE VEHICLE THEN TURNED NORTHBOUND ON SOUTH SUNCOAST BOULEVARD AND TURNED LEFT ON WEST OZELLO TRAIL. THE VEHICLE THEN TURNED INTO THE CIRCLE K GAS STATION LOCATED AT 400 SOUTH SUNCOAST BOULEVARD AND PARKED ON THE SOUTH SIDE OF THE BUILDING. I PARKED MY VEHICLE ALONG THE CURB ON THE SOUTHSIDE OF THE PARKING LOT AND APPROACHED THE VEHICLE TO CONDUCT A CONSENSUAL ENCOUNTER. WHILE APPROACHING THE VEHICLE, I COULD DETECT THE ODOR OF CANNABIS. AT THAT POINT, I CALLED FOR ANOTHER UNIT TO RESPOND TO MY LOCATION. I APPROACHED THE VEHICLE AND OBSERVED THREE OCCUPANTS IN THE VEHICLE. THERE WAS A MALE AND FEMALE IN THE FRONT SIDE AND A MALE IN THE REAR PASSENGER SEAT. I APPROACHED ON THE DRIVER SIDE AND KNOCKED ON THE DRIVER'S WINDOW. I ASKED THE DRIVER IF HE COULD ROLL DOWN HIS DRIVER SIDE WINDOW. THE DRIVER ADVISED HE COULD NOT LOWER THE DRIVER SIDE WINDOW BUT WAS ABLE TO LOWER THE BACK WINDOW. THE DRIVER THEN LOWERED THE REAR DRIVER SIDE WINDOW. AT THAT POINT, I OBSERVED SMOKE TO EXIT THE VEHICLE, AND I COULD DETECT A STRONG ODOR OF CANNABIS. I ASKED THE DRIVER IF HE HAD HIS DRIVER'S LICENSE, WHICH HE STATED HE DID NOT BUT PROVIDED ME HIS SOCIAL SECURITY CARD AND IDENTIFIED HIMSELF AS TRISTEN BROOKS, LATER IDENTIFIED AS THE DEFENDANT. AT THAT POINT, I ASKED THE FRONT PASSENGER, LATER IDENTIFIED AS, MS KALEY AUNGST, IF SHE HAD ANY IDENTIFICATION ON HER, WHICH SHE PROVIDED ME HER DRIVER'S LICENSE. I ASKED THE REAR PASSENGER IF HE HAD AN IDENTIFICATION, WHICH HE STATED HE DID NOT BUT PROVIDED ME WITH HIS NAME, DATE OF BIRTH AND SOCIAL SECURITY NUMBER. AT THAT TIME, DEPUTY WHIRLE (1305) ARRIVED ON SCENE AND WALKED UP TO THE PASSENGER SIDE OF THE VEHICLE. AS DEPUTY WHIRLE APPROACHED THE VEHICLE, I ASKED DEFENDANT BROOKS IF THEY WERE SMOKING WEED, WHICH HE STATED YES. I THEN REMOVED HIM FROM THE VEHICLE AND HAD HIM WALK BACK TO THE FRONT OF MY PATROL VEHICLE. AT THE FRONT OF MY PATROL VEHICLE I ASKED DEFENDANT BROOKS IF HE HAD ANYTHING ILLEGAL ON HIS PERSON, WHICH HE STATED HE DID, AND HE HAD TWO BAGS IN HIS RIGHT FRONT POCKET. AT THAT POINT, I HAD DEFENDANT BROOKS PUT HIS HANDS ON THE HOOD OF MY PATROL VEHICLE, AND I REMOVED TWO CLEAR SMALL PLASTIC BAGGIES WITH EIGHT BALL POOL BALLS PATTERNED ON THE BAGGIES CONTAINING A GREEN LEAFY SUBSTANCE THAT THROUGH MY TRAINING AND EXPERIENCE I KNEW TO BE CANNABIS. AT THAT TIME, I PLACED DEFENDANT BROOKS IN HANDCUFFS, DOUBLE-LOCKED, BEHIND HIS BACK AND HAD HIM LEAN AGAINST THE FRONT BUMPER OF MY PATROL VEHICLE. I ADVISED DEPUTY WHIRLE THAT WE COULD GO AHEAD AND REMOVE THE OTHER TWO INDIVIDUALS FROM THE VEHICLE. DEPUTY WHIRLE THEN REMOVED THE REAR PASSENGER/DEFENDANT, MR JAMES MILLER, AND BROUGHT HIM BACK TO MY PATROL VEHICLE. I WALKED UP AND HAD THE FRONT PASSENGER, MS KALEY AUNGST, STEP OUT AND COME BACK TO THE FRONT OF MY PATROL VEHICLE. DEPUTY WHIRLE CONDUCTED A SEARCH OF DEFENDANT MILLER, AND WHILE CONDUCTING HIS SEARCH, LOCATED TWO CLEAR PLASTIC BAGGIES CONTAINING A GREEN LEAFY SUBSTANCE KNOWN TO ME THROUGH MY TRAINING AND EXPERIENCE TO BE CANNABIS, A DIGITAL SCALE AND TWENTY-THREE SMALL CLEAR PLASTIC BAGGIES CONTAINING EIGHT BALL POOL BALLS PATTERNED ON THEM. AT THAT TIME DEPUTY WHIRLE PLACED DEFENDANT MILLER IN HANDCUFFS, DOUBLE-LOCKED, BEHIND HIS BACK, SEARCHED AND SECURED HIM IN THE REAR OF MY PATROL VEHICLE. AT APPROXIMATELY 2200 HOURS, I READ MIRANDA TO DEFENDANT TRISTEN BROOKS AND MS KALEY AUNGST, VIA A PREPRINTED CARD. BOTH STATED THEY UNDERSTOOD THEIR RIGHTS AND WISHED TO SPEAK WITH ME. I ASKED DEFENDANT BROOKS IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE. HE STATED THERE WAS ANOTHER SMALL BAGGIE CONTAINING MARIJUANA, WHICH WAS SIMILAR TO THE TWO TAKEN OUT OF HIS FRONT POCKET, IN THE CENTER CONSOLE OF THE VEHICLE. DEPUTY BANKS (1426) ARRIVED ON SCENE AND CONDUCTED A SEARCH OF MS AUNGST FOLLOWING WHICH SHE ASSISTED DEPUTY WHIRLE IN CONDUCTING A SEARCH OF THE VEHICLE. DEPUTY WHIRLE RECOVERED A SMALL PLASTIC BAGGIE WITH EIGHT BALL POOL BALLS PATTERNED ON THEM CONTAINING MARIJUANA FROM THE VEHICLE AND BROUGHT IT BACK TO MY PATROL VEHICLE. I THEN WENT TO THE REAR OF MY PATROL VEHICLE WHERE I READ DEFENDANT MILLER MIRANDA VIA A PREPRINTED CARD, WHICH HE STATED HE UNDERSTOOD HIS RIGHTS AND WISHED TO TALK TO ME. I ASKED THE DEFENDANT TO TELL ME ABOUT THE WEED THAT WAS FOUND ON HIS PERSON. HE STATED IT WAS HIS BUT HE WAS NOT SURE OF THE AMOUNT. AT THAT POINT, I INFORMED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST. DEFENDANT BROOKS WAS ISSUED A NOTICE TO APPEAR CITATION, NUMBER 22111, FOR POSSESSION OF MARIJUANA UNDER 20 GRAMS WITH A COURT DATE OF 092216, AT 1300 HOURS AND RELEASED ON HIS OWN RECOGNIZANCE. THE MARIJUANA FOUND HIM ON DEFENDANT BROOKS WAS COLLECTED AND SUBMITTED IN TO EVIDENCE. AT THAT POINT, I TRANSPORTED DEFENDANT MILLER TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, I WEIGHED THE MARIJUANA THAT WAS FOUND ON HIM. ONE CLEAR PLASTIC BAGGIE CONTAINED MARIJUANA WEIGHING APPROXIMATELY 6.5 GRAMS IN TOTAL AND THE SECOND BAGGIE CONTAINED MARIJUANA WEIGHING APPROXIMATELY 27 GRAMS IN TOTAL. DEFENDANT MILLER WAS CHARGED WITH ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE WITH A BOND SET AT $2,000.00 AND ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA WITH A BOND SET AT $1,000.00 FOR A TOTAL BOND OF $3,000.00 PER THE BOND SCHEDULE. THE MARIJUANA, DIGITAL SCALE AND CLEAR PLASTIC BAGGIES FOUND ON DEFENDANT MILLER WERE COLLECTED AND SUBMITTED IN TO EVIDENCE. |
