| Probable cause affidavit: |
SUBMITTED BY: SMITH, BRADLEY 0477 (AR08102159) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: 46 ROXICODONE, COMMONLY REFERRED TO AS OXYCODONE, 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: OXYCODONE, SAID OBJECT BEING A PLASTIC STRAW USED FOR SNORTING WITH RESIDUE , IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1)(B). ON 031408 AT APPROXIMATELY 0012 HOURS, WHILE CONDUCTING STATIONARY RADAR ON SOUTH CROFT AVENUE NEAR THE INTERSECTION OF EAST DAWSON DRIVE, I OBSERVED A SILVER VEHICLE APPROACHING FROM THE NORTH ON THE AFOREMENTIONED ROADWAY. I ESTIMATED THE VEHICLE SPEED TO BE ABOVE THE POSTED SPEED LIMIT OF 30 MILES PER HOUR (MPH). AT THAT TIME, I INITIATED MY REAR RADAR ANTENNA AND HEARD A CLEAR DOPPLER TONE AND OBSERVED A CLEAR TARGET SPEED OF 48 MPH. AT THAT TIME, I CONDUCTED A TRAFFIC STOP ON THE VEHICLE IN THE BEALL'S PARKING LOT LOCATED AT 2851 EAST GULF TO LAKE HIGHWAY IN INVERNESS. AT THAT TIME, I APPROACHED THE VEHICLE AND MADE CONTACT WITH THE DEFENDANT/DRIVER, MR JASON MILLARD. I ASKED HIM FOR HIS DRIVER'S LICENSE, PROOF OF REGISTRATION, AND PROOF OF INSURANCE TO WHICH HE PROVIDED ME WITH HIS DRIVER'S LICENSE AND PROOF OF INSURANCE BUT NO PROOF OF REGISTRATION. UPON SPEAKING WITH MR MILLARD, I OBSERVED HIM TO HAVE GLASSY EYES, SLOWED SLURRED SPEECH, AND HE APPEARED TO POSSIBLY TO BE UNDER THE INFLUENCE OF A DRUG. AT THAT TIME, I RETURNED TO MY PATROL VEHICLE AND RAN MR MILLARD AND HIS PASSENGER THROUGH NCIC/FCIC AND BEGAN WRITING MY CITATIONS. K-9 CORPORAL (CPL) BRUNK RESPONDED TO THE SCENE AND MADE CONTACT WITH THE DRIVER. I OBSERVED HIM WALK K-9 AJAX AROUND THE EXTERIOR OF THE DEFENDANT'S VEHICLE . UPON COMPLETION, K-9 CPL BRUNK ADVISED ME THAT THE K-9 HAD ALERTED TO THE VEHICLE FOR THE ODOR OF NARCOTICS. AT THAT TIME, K-9 CPL BRUNK HAD THE DEFENDANT EXIT THE VEHICLE ALONG WITH THE PASSENGER. MYSELF AND CPL CONLEY, WHO WAS ALSO ON SCENE, SEARCHED THE INTERIOR OF THE VEHICLE WHILE K-9 CPL BRUNK STOOD BY WITH THE PASSENGER OF THE VEHICLE. UPON SEARCHING THE VEHICLE, K-9 CPL BRUNK ADVISED HE HAD GAINED PERMISSION TO SEARCH THE DRIVER'S PERSON. UPON SEARCHING HIM, A BOTTLE OF WHAT APPEARED TO BE OXYCODONE WAS FOUND. HE ALSO ADVISED HE LOCATED A PLASTIC STRAW WITH WHITE POWDER RESIDUE ON THE INSIDE OF IT. HE ADVISED BOTH THESE ITEMS WERE LOCATED IN THE CROTCH AREA OF THE DEFENDANT. HE STATED THAT HE FELT THE ITEMS INSIDE THE DEFENDANT'S PANTS AND ASKED HIM TO REMOVE THEM TO WHICH HE DID. CPL BRUNK STATED THAT THE DEFENDANT TOLD HIM THAT HE USES THE STRAW TO SNORT THE OXYCODONE. HE STATED THE OXYCODONE WERE PRESCRIBED TO HIM ALTHOUGH HE DID NOT HAVE A PRESCRIPTION ON HIM AND HIS NAME WAS NOT ON THE BOTTLE. THE BOTTLE SHOWED OXYCODONE 30 MILLIGRAMS WITH NO PRESCRIPTION INFORMATION. IT APPEARED TO BE AN ORIGINAL PHARMACY BOTTLE AND NOT ONE GIVEN TO A PATIENT. AT THAT TIME, I USED THE 2006 EDITION OF THE DRUG IDENTIFICATION BIBLE TO IDENTIFY THE PILLS AS ROXICODONE 30 MILLIGRAMS. THE PILLS WERE ROUND AND BLUE IN COLOR WITH THE MARKING "A" WITH A LINE UNDER IT AND THE NUMBERS "215"UNDERNEATH THE LINE ON ONE SIDE. THERE WERE 46 PILLS INSIDE THE BOTTLE. THE PILL BOTTLE WAS FOR OXYCODONE AND NOT FOR ROXICODONE, HOWEVER, ROXICODONE IS A FORM OF OXYCODONE, WHICH IS A "DEA" SCHEDULED TWO NARCOTIC. THE DEFENDANT WAS PLACED UNDER ARRESTED, HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK, AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS ISSUED WARNING NUMBER 216259-B FOR UNLAWFUL SPEED 48 MPH IN A 30 MPH ZONE. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION (UTC) NUMBER 8728-FIQ FOR FAILURE TO DISPLAY REGISTRATION. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $5,500 PER THE BOND SCHEDULE. THE DEFENDANT'S VEHICLE WAS RELEASED TO THE PASSENGER PER HIS REQUEST. THE NARCOTICS AND THE PARAPHERNALIA WERE LATER TURNED IN TO EVIDENCE. *NOT-EXEMPT* |
