| Probable cause affidavit: |
SUBMITTED BY: WEATHERFORD, DAVID 0710 (AR11119305) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CRACK COCAINE, 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 SILVER KEY CHAIN CYLINDER CONTAINING THE CRACK COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 021111, I WAS TRAVELLING WESTBOUND ON WEST GULF TO LAKE HIGHWAY IN THE AREA JUST EAST OF WEST GANNETT PLACE WHEN I OBSERVED A WHITE FOUR DOOR VEHICLE APPROACHING THE STOP SIGN AT WEST GANNETT PLACE. THE VEHICLE WENT HALF WAY INTO THE OUTSIDE LANE OF THE WESTBOUND TRAFFIC ON WEST GULF TO LAKE HIGHWAY BEFORE COMING TO A COMPLETE STOP. I GOT BEHIND THE VEHICLE AND AS WE TRAVELLED WEST ON WEST GULF TO LAKE HIGHWAY I CONDUCTED A TRAFFIC STOP IN THE AREA OF THE SUNOCO GASOLINE STATION (6971 WEST GULF TO LAKE HIGHWAY, IN CRYSTAL RIVER). UPON MAKING CONTACT WITH THE DRIVER OF THE VEHICLE, MR BRIAN STEVENS, I INFORMED HIM OF THE TRAFFIC INFRACTION. MR STEVENS THEN STATED IF HE DOES NOT PULL UP THAT FAR HE CAN NOT SEE IF IT IS CLEAR TO PULL OUT. THERE WAS ALSO A PASSENGER LATER TO BE IDENTIFICATION AS THE DEFENDANT, MR JAMES YATES. AT THAT TIME K9 DEPUTY VIGGIANO ARRIVED ON SCENE. DEPUTY VIGGIANO DEPLOYED K9 CONAN AND PERFORMED A SNIFF OF THE VEHICLE. DEPUTY VIGGIANO ADVISED ME K9 CONAN ALERTED TO THE ODOR OF NARCOTICS. AT THAT TIME I THEN ASKED THE DRIVER TO STEP OUT OF THE VEHICLE SO THAT I COULD CONDUCT A SEARCH OF THE VEHICLE. I THEN CONDUCTED AN EXTERNAL PAT DOWN OF MR STEVENS AND ASKED HIM TO STAND AT THE FRONT OF MY PATROL VEHICLE. I THEN ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE. WHILE CONDUCTING AN EXTERNAL PAT DOWN OF THE DEFENDANT A SILVER KEY CHAIN CYLINDER FELL OUT OF THE DEFENDANT'S RIGHT PANT LEG ON TO THE CONCRETE. I THEN LOOKED INSIDE THE SILVER CYLINDER KEY CHAIN AND OBSERVED A WHITE ROCK LIKE SUBSTANCE WHICH APPEARED TO BE CRACK COCAINE. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) IN BACK. I READ THE DEFENDANT HIS MIRANDA WARNINGS VIA AN AGENCY PRE PRINTED CARD. THE DEFENDANT STATED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH ME. THE DEFENDANT STATED THAT IT WAS CRACK COCAINE IN THE CYLINDER. THE DEFENDANT ALSO STATED HE BOUGHT THE CRACK COCAINE FROM COPELAND PARK. THE DEFENDANT WAS THEN SECURED IN THE BACK SEAT OF MY PATROL VEHICLE WHILE WE FINISHED CONDUCTING THE INTERIOR SEARCH OF THE VEHICLE. THE DEFENDANT ASKED ME TO TURN ALL OF HIS MONEY AND HIS WALLET OVER TO MR STEVENS, THE DRIVER OF THE VEHICLE, WHICH I DID. AT WHICH TIME THE DRIVER WAS GIVEN A WRITTEN WARNING, NUMBER 316686B FOR FAILURE TO OBEY A TRAFFIC CONTROL DEVICE. THE DRIVER WAS THEN RELEASED ON SCENE WITH HIS VEHICLE. THE WHITE ROCKY SUBSTANCE WAS THEN FIELD TESTED WHICH TESTED POSITIVE FOR CRACK COCAINE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. . the TOTAL WEIGHT OF THE CRACK COCAINE WAS 2.5 GRAMS. THE CRACK COCAINE AND THE SILVER KEY CHAIN CYLINDER WHICH CONTAINED THE CRACK COCAINE AND WAS LATER TURNED IN TO EVIDENCE. THE DEFENDANT'S BOND WAS SET AT $5,500.00 ACCORDING TO 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* |
