Probable cause affidavit: |
SUBMITTED BY: SEFFERN, JONATHAN JR 0623 (AR15-15279) DID ALTER, DESTROY OR CONCEAL A RECORD OR PHYSICAL EVIDENCE WITH THE INTENT TO IMPAIR THE USE OF THAT EVIDENCE, WHILE HE WAS AWARE THAT AN INVESTIGATION OR CRIMINAL PROCEEDING WAS UNDERWAY OR ABOUT TO BE UNDERWAY, TO WIT: HID A BAGGIE OF NARCOTICS INSIDE HIS ANUS, IN VIOLATION OF FLORIDA STATE STATUTE 918.13. DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY SEFFERN JR,, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: PULLED AWAY SEVERAL TIMES AND CLENCHED HIS THIGHS TOGETHER WHILE DEPUTY SEFFERN JR WAS ATTEMPTING TO SEARCH THE DEFENDANT FOR CONTRABAND, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. 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: DIME BAGGIES, ROLLING PAPERS AND DRUG LEDGERS, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 060415, I RESPONDED TO SOUTH FLORIDA AVENUE AND EAST COOPER LANE IN FLORAL CITY, TO ASSIST DETECTIVE LAUGHLIN ON A TRAFFIC STOP THAT HE HAD CONDUCTED ON A BLACK FORD EXPLORER BEARING FLORIDA LICENSE PLATE NUMBER CGNH46. UPON ARRIVAL, I MADE CONTACT WITH DETECTIVE LAUGHLIN, WHO WAS STANDING AT THE FRONT OF HIS PATROL VEHICLE WITH THE DEFENDANT, IDENTIFIED AS MR JASON WILLIAMS. DETECTIVE LAUGHLIN ADVISED THAT HE STOPPED THE DEFENDANT FOR TRAVELLING 64 MILES PER HOUR IN A 55 MILE PER HOUR ZONE. DETECTIVE LAUGHLIN THEN REQUESTED I ASSIST K-9 DEPUTY RITLI SEARCH THE DEFENDANTâS VEHICLE. DEPUTY RITLI ADVISED THAT HE HAD ALREADY DEPLOYED HIS K-9 CO-PARTNER TO CONDUCT AN EXTERIOR FREE AIR SNIFF ON THE VEHICLE FOR NARCOTICS AND HIS K-9 CO-PARTNER ALERTED ON THE VEHICLE. AS DEPUTY RITLI AND I BEGAN SEARCHING THE VEHICLE, A BROKEN GLASS METHAMPHETAMINE PIPE, EMPTY DIME BAGGIES, ROLLING PAPERS AND A NARCOTICS LEDGER THAT CONTAINED INFORMATION ON PRESCRIPTION NARCOTICS SALES WERE LOCATED INSIDE OF THE DEFENDANTâS VEHICLE. THE GLASS METHAMPHETAMINE PIPE WAS THEN FIELD TESTED UTILIZING A PRESUMPTIVE FIELD TEST KIT, WHICH YIELDED A POSITIVE RESULT FOR THE PRESENCE OF METHAMPHETAMINES. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST BY THIS DEPUTY AND A SEARCH OF HIS PERSON WAS ATTEMPTED. AS I BEGAN CHECKING HIS WAIST AND INNER THIGH AREA ON THE EXTERIOR OF HIS CLOTHING I FELT A SMALL BAGGIE BETWEEN HIS LEGS. THROUGH MY TRAINING AND EXPERIENCE THE ITEM I FELT WAS CONSISTENT WITH THAT OF A BAGGIE THAT CONTAINED NARCOTICS. AT THAT POINT, THE DEFENDANT PULLED AWAY SEVERAL TIMES AND CLENCHED HIS LEGS TOGETHER IN AN ATTEMPT TO KEEP THE BAGGIE CONCEALED. AT THAT TIME, THE DEFENDANT WAS SECURED IN HANDCUFFS BEHIND HIS BACK (DOUBLE LOCKED). THE DEFENDANT THEN ADVISED THAT HE WANTED TO COOPERATE AND MADE A SPONTANEOUS STATEMENT THAT HE ONLY HAD A LITTLE BIT OF MARIJUANA IN HIS UNDERWEAR AND THAT HE MUST HAVE FORGOTTEN IT WAS THERE. I EXPLAINED TO THE DEFENDANT THAT HE WAS BEING TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND IT WOULD BE RETRIEVED AT THE JAIL. HE STATED THAT HE COULD RETRIEVE THE ITEM HIMSELF, AT WHICH TIME THE DEFENDANT WAS RELEASED FROM ONE HANDCUFF AND ADVISED NOT TO EXPOSE HIMSELF. THE DEFENDANT REACHED HIS HAND IN HIS SHORTS TO RETRIEVE THE BAGGIE; HOWEVER HE BEGAN MAKING MOVEMENTS NOT CONSISTENT WITH PULLING THE BAGGIE FROM HIS SHORTS. THE DEFENDANTS HAND BEGAN TRAVELING FURTHER INTO HIS SHORTS. AT THAT TIME, I CHECKED HIS INNER THIGHS ON THE EXTERIOR OF HIS CLOTHING FROM BEHIND HIM AND FELT HIS HAND AND FINGERS NEAR HIS ANUS, AT WHICH TIME HIS HAND WAS REMOVED FROM HIS PANTS AND RE-SECURED IN THE HANDCUFFS. I THEN CHECKED THE LOCATION OF WHERE THE BAGGIE WAS PREVIOUSLY CONCEALED AND IT WAS NO LONGER THERE. AT THAT TIME, THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS TURNED OVER TO DETENTION FACILITY STAFF FOR AN ADDITIONAL SEARCH. THE DEFENDANT WAS SEARCHED BY DETENTION FACILITY STAFF; HOWEVER, THE BAGGIE WAS NOT LOCATED ON HIM OR IN HIS CLOTHING, WHICH MADE ME BELIEVE THE BAGGIE WAS INSIDE OF HIS ANUS. AT THAT TIME, THE DEFENDANT WAS CHARGED WITH ONE COUNT OF TAMPERING WITH EVIDENCE WITH A BOND OF $5,000.00, POSSESSION OF PARAPHERNALIA WITH A BOND OF $1,000.00 AND RESISTING WITHOUT VIOLENCE WITH A BOND OF $1,000.00, FOR A TOTAL BOND AMOUNT SET AT $7,000.00, PER THE BOND SCHEDULE. |