| Probable cause affidavit: |
SUBMITTED BY: CRANE, RYAN 0223 (AR12-1346) On 052712 at approximately 1656 hOUrs, I, OfFIcER Ryan Crane with the Florida Fish and Wildlife Conservation Commission, was conducting water patrol on Kings Bay in Citrus County. I observed a bronze in color bass boat being operated by MR Jeffrey Paul Conn, LATER IDENTIFIED AS THE MR, FLORIDA DRIVER LICENSE NUMBER C500435882810 AND DATE OF BIRTH 080188, traveling north toward Christmas Island. I initiated a vessel stop to conduct a boating safety inspection. The bay was calm and there was no boating traffic in the area. I asked MR Conn to show me five life jackets, A fire extinguisher, A sound producing device, a type 4 throw-able device, and the vessel registration. MR Conn produced three life jackets and the type 4 throw-able DEVICE. MR Conn was unsteady on his feet, displaying slurred speech and responding slowly to my questions. I asked MR Conn if there were any more life jackets on the vessel and he said no. MR Conn continued to slur his speech and could not remember the remaining safety equipment that I asked him for, beyond the life jackets. I asked him to show me the fire extinguisher, whistle, and THE VESSEL registration, which he produced. At this point, based on my experience and training, I suspected MR Conn was operating a vessel while impaired. I requested MR Conn to step aboard my vessel SO I COULD administer field sobriety tasks to determine if he was capable of operating his vessel in a safe manner. I asked MR Conn to find a comfortable, steady, seated position on my vessel. I asked MR Conn if he felt stable and he replied with âyes.â While on my patrol vessel the following tasks were performed: Horizontal Gaze Nystagmus, Finger to Nose, Palm Pat, and Hand Coordination. For each field sobriety task the instructions were clearly read from prepared text and the tasks were demonstrated. MR Conn displayed the following indicators of impairment during the field sobriety tasks. Horizontal Gaze Nystagmus: Lack of smooth pursuit in both right and left eye. Distinct and sustained Nystagmus at maximum deviation in both right and left eye. Onset of Nystagmus prior to 45-degrees in both right and left eye. Finger to Nose: Subject missed nose on first three tries on left, right, left. Did not use finger tip on FIVE of SIX tries. Did not bring arm down as instructed on FIVE of SIX tries Palm Pat: Did not increase speed Hand Coordination: Started at wrong time Did not perform task TWO Did not return fist to proper position. At this point, I informed MR Conn that we would be proceeding to Peteâs Pier Marina, which was the nearest location where I could safely administer the remaining on shore tasks. I gave MR Conn a standard orange life jacket which he had difficulty putting on until I helped him. Once his vest was secure, we proceeded to Peteâs Pier with his vessel in tow and we arrived at Peteâs Pier approximately FIVE minutes later. Upon arrival at Peteâs Pier, I requested that MR Conn do the following field sobriety tasks: Walk and Turn and One Leg Stand. The tasks were read from prepared text and demonstrated. I observed the following indicators of impairment. Walk and Turn: Lost balance during instruction phase. Steps off line. Uses arms to balance. Did not look at feet as instructed. One Leg Stand: Used arms to balance. Put foot down. Did not count properly as instructed (1, 2, 3 instead of one thousand and one, one thousand and two). At this point, MR Conn said that he had bad knees after answering the pre-test questions stating that he had no injuries and I ended the task. At approximately 1724 hOUrs, based on my probable cause, I advised MR Conn he was under arrest for operating a vessel while impaired. MR Conn was handcuffed (double locked) BEHIND HIS BACK. MR Conn became agitated and stated that he was âgoing to jump in the water and drown himself.â I asked MR Conn to sit down for his safety and he refused. I placed my hand on MR Connâs arm and he braced against me. LIEUTENANT John Jones of FWC assisted me in forcing MR Conn into a sitting position. MR Conn remained in an agitated state until a Citrus County Deputy arrived on scene for transport. I assisted MR Conn to his feet and escorted him to the Citrus County SheriffâS patrol car with some difficulty due to MR Connâs agitated state. Upon arrival At THE Citrus County Detention Facility, MR Conn was read his implied consent requesting him to submit to an approved test of his breath to determine his breath alcohol content. MR Conn stated that he would submit to the approved test of his breath with the TEST results being .133 and .125. At this time, MR Conn was charged with the following violations: Uniform Boating Citation ( V368550) for operating a vessel with an unlawful breath alcohol level of 0.08 or more grams of alcohol per 210 liters of breath, 327.35(1)(c) Citation (192322C) for resisting arrest without violence State Statute 843.02 with a mandatory court appearance on 6/11/12 at 0830 hrs at the Citrus County Court House. Uniform Boating Citation (V368551) for failure to carry required safety equipment on a vessel in violation of State Statute 327.50(1)(a). MR Conn was with a mandatory court appearance on 061112 at 0830 hOUrs at the Citrus County CourtHouse. |
