| Probable cause affidavit: |
SUBMITTED By: CALLAHAN, CRAIG 0643 (AR08105397) DID UNLAWFULLY AND FELONIOUSLY SELL, MANUFACTURE OR DELIVER OR POSSESS WITH INTENT TO SELL, MANUFACTURE OR DELIVER OR CAUSE TO BE SOLD, MANUFACTURED OR DELIVERED TO ANOTHER PERSON, A CONTROLLED SUBSTANCE, TO-WIT: MARIJUANA IN VIOLATION OF FLORIDA STATUTES 893.135, AND 893.13(1)(A)(C) AND 893.03(D)(E), AND DID DISGUISE HIMSELF WITH THE INTENT TO OBSTRUCT THE DUE EXECUTION OF THE LAW OR WITH THE INTENT TO INTIMIDATE, HINDER OR INTERRUPT THE DEPUTY IN THE LAWFUL EXECUTION OF HIS DUTY IN VIOLATION OF FLORIDA STATUTE 843.03 ON 092508 AT APPROXIMATELY 2158 HOURS, MYSELF and DEPUTY HOLLOWAY WERE CONDUCTING A SECURITY CHECK IN THE AREA OF NORTH REGINA BOULEVARD, IN BEVERLY HILLS. WHILE TRAVELING WESTBOUND ON REGINA BOULEVARD MYSELF and DEPUTY HOLLOWAY OBSERVED A COPPER IN COLOR MERCURY GRAND MARQUEE, BEARING FLORIDA LICENSE PLATE NUMBER C887WU. UPON RUNNING THE VEHICLE'S LICENSE PLATE NUMBER, the VEHICLE CAME BACK TO A BLACK IN COLOR NISSAN CAR. UPON VERIFYING THIS INFORMATION THROUGH TELETYPE IT WAS CONFIRMED THAT THE LICENSE PLATE WAS ATTACHED TO the VEHICLE UNASSIGNED. A TRAFFIC STOP WAS THEN CONDUCTED BY DEPUTY HOLLOWAY AND I AT THE INTERSECTION OF SOUTH JEFFERSON STREET and REGINA BOULEVARD. WE THEN MADE CONTACT WITH the DRIVER AND THE FRONT SEAT PASSENGER, WHO WAS LATER IDENTIFIED AS THE DEFENDANT, MR JEAN PAUL LAGUIA. AT THAT TIME I REQUESTED FROM THE DRIVER HER DRIVER'S LICENSE, VEHICLE REGISTRATION and PROOF OF INSURANCE, OF WHICH she WAS ABLE TO PROVIDE ME WITH. WHILE SPEAKING WITH THE DRIVER, I OBSERVED the DEFENDANT TO NOT be WEARING his SEATBELT, and UPON OBSERVING THIS, I REQUESTED HIS DRIVER'S LICENSE. THE DEFENDANT THEN HANDED ME A FLORIDA DRIVER'S LICENSE BEARING THE NAME "LUIS DANIEL RIVERA". WHILE SPEAKING WITH the OCCUPANTS OF THE VEHICLE, THE DEFENDANT ADVISED THAT HE WANTED TO BE HONEST WITH ME AND STATED, HE KNEW WHY WE STOPPED HIS VEHICLE AND IT WAS DUE TO THE LICENSE PLATE THAT WAS CURRENTLY ON the VEHICLE DID NOT BELONG ON THE VEHICLE. HE FURTHER ADVISED THAT THE VEHICLE BELONGED TO HIS SISTER. IT SHOULD BE NOTED THAT UPON SPEAKING WITH THE DEFENDANT, I COULD SMELL A STRONG ODOR EMITTING FROM THE VEHICLE WHICH UPON MY TRAINING EXPERIENCE IS KNOWN TO ME AS MARIJUANA. AT THAT TIME I REQUESTED the DRIVER TO STEP OUT OF THE VEHICLE, TO WHICH SHE COMPLIED. A SHORT TIME LATER, I WAS ADVISED BY DEPUTY HOLLOWAY THAT THE DEFENDANT POSSIBLY HAD A WARRANT OUT OF NEW YORK AND HE COULD POSSIBLY BE TRYING TO DISGUISE HIS IDENTITY. CANINE DEPUTY DAVIS THEN ARRIVED ON SCENE WITH CANINE MITO AND CONDUCTED AN EXTERIOR SNIFF OF THE VEHICLE. UPON DOING SO, DEPUTY DAVIS ADVISED ME THAT HIS CANINE ALERTED ON the VEHICLE FOR THE SCENT OF AN ILLEGAL SUBSTANCE. THE DEFENDANT WAS THEN ASKED TO STEP OUT OF THE VEHICLE, TO WHICH HE COMPLIED. DUE TO THE CANINE ALERTING TO THE POSSIBLE PRESENCE OF NARCOTICS, SERGEANT FERRARA WHO WAS ALSO ON SCENE BEGAN SEARCHING THE INTERIOR OF THE VEHICLE WHILE I STOOD BY WITH the DEFENDANT. I THEN READ THE DEFENDANT HIS MIRANDA WARNINGS VIA PRE-PRINTED CARD, TO WHICH HE STATED HE UNDERSTOOD AND WISHED TO STILL SPEAK WITH ME. I ASKED the DEFENDANT WHY THE CANINE WOULD OF ALERTED ON THE VEHICLE, TO WHICH HE AGAIN STATED HE WISHED TO BE HONEST, AND ADVISED that WE would FIND APPROXIMATELY A HALF OUNCE OF MARIJUANA UNDERNEATH the PASSENGER SIDE FRONT SEAT. THE DEFENDANT ALSO ADVISED THAT THE MARIJUANA IN THE VEHICLE ONLY BELONGED TO HIM, AND THAT THE other OCCUPANT OF THE VEHICLE HAD NO KNOWLEDGE that MARIJUANA WAS PRESENT. THE DEFENDANT STATED THAT HE HAD JUST RECENTLY BOUGHT THE MARIJUANA AT AN UNKNOWN LOCATION IN THE AREA OF OSCEOLA STREET. DEPUTY FERRARA WAS ADVISED OF THIS INFORMATION AT WHICH TIME HE FOUND A GREEN LEAFY SUBSTANCE WHICH IS KNOWN TO ME THROUGH MY TRAINING EXPERIENCE AS MARIJUANA, IN the EXACT LOCATION THE DEFENDANT ADVISED that WE WOULD FIND IT. UPON FURTHER SEARCH OF the VEHICLE A CLEAR PLASTIC TUPPERWARE CONTAINER WAS FOUND IN THE REAR TRUNK AREA OF THE VEHICLE, WHICH CONTAINED $101.29 IN US CURRENCY, A TOTAL OF 119 SMALL CLEAR PLASTIC BAGGIES COMMONLY USED TO DISTRIBUTE CANNABIS, TWO LARGE CLEAR PLASTIC ZIPLOC BAGGIES CONTAINING TRACE AMOUNTS OF A GREEN LEAFY SUBSTANCE LATER DETERMINED TO BE MARIJUANA AND THREE UNOPENED BLUNT TYPE CIGARS COMMONLY USED TO SMOKE MARIJUANA. THE GREEN LEAFY SUBSTANCE WAS THEN FIELD TESTED AND REVEALED POSITIVE FOR MARIJUANA. THE MARIJUANA WAS WEIGHED AT APPROXIMATELY 16.5 GRAMS, PACKAGED ALONG with ALL OTHER CONTRABAND and TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. I WAS THEN ADVISED BY DEPUTY HOLLOWAY THAT THE DEFENDANT DID IN FACT HAVE A WARRANT OUT OF NEW YORK, and THE FLORIDA DRIVER'S LICENSE HE PROVIDED ME with WAS NOT THE DEFENDANT'S TRUE IDENTITY. UPON QUESTIONING THE DEFENDANT IN REFERENCE TO theSE FACTS, HE CONTINUED TO REFUSE TO PROVIDE ME with his TRUE IDENTITY IN AN EFFORT TO DISGUISE HIMSELF WITH THE INTENT TO OBSTRUCT THIS DEPUTY OF MY LEGAL PERFORMANCE. UPON LOOKING AT THE IDENTIFICATION THE DEFENDANT PROVIDED TO ME I OBSERVED in the PHOTOGRAPH, THAT THE SUBJECT HAD EARRINGS and THE DEFENDANT DID NOT LOOK AS THOUGH HE HAD EVER HAD EARRINGS. THE DEFENDANT ALSO HAD ON HIS RIGHT LEG and LEFT HAND THE INITIALS "JP". UPON ASKING THE DEFENDANT IF HIS NAME WAS JEAN PAUL, HE THEN STATED THAT HE WAS IN FACT JEAN PAUL AND WAS WANTED OUT OF New York STATE. AT THAT TIME THE DEFENDANT WAS ADVISED HE WAS BEING PLACED UNDER ARREST, HE WAS HANDCUFFED (DOUBLE-LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF A MARKED PATROL VEHICLE. HE WAS THEN TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY FOR BOOKING and PROCESSING. THE DEFENDANT'S TOTAL BOND WAS SET AT $2,500.00 PER THE BOND SCHEDULE. the VEHICLE WAS LATER TOWED BY ADVANCED TOWING. A TOW SHEET WAS COMPLETED and WILL BE TURNED INTO THE CITRUS COUNTY SHERIFF'S OFFICE RECORDS DEPARTMENT. *NOT-EXEMPT* |
