| Probable cause affidavit: |
SUBMITTED BY: WEST, JAMES 1286 (AR14-9015) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY WEST, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: REFUSED TO OPEN HIS MOUTH TO SPIT DRUGS OUT 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 A CONTROLLED SUBSTANCE, TO WIT: METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). NO PERSON KNOWING THAT A CRIMINAL TRIAL OR PROCEEDING OR AN INVESTIGATION BY A DULY CONSTITUTED PROSECUTING AUTHORITY LAW ENFORCEMENT AGENCY GRAND JURY OR LEGISLATIVE COMMITTEE OF THIS STATE IS PENDING OR IS ABOUT TO BE INSTITUTED SHALL: ALTER, DESTROY, CONCEAL OR REMOVE ANY RECORD DOCUMENT OR THING WITH A PURPOSE TO IMPAIR VERITY OR ABILITY IN SUCH PROCEEDING ITS INVESTIGATION IN VIOLATION OF FLORIDA STATE STATUTE 918.13. ON 020714 AT APPROXIMATELY 1827 HOURS, I WAS DISPATCHED TO 11351 SOUTH ANN POINT IN HOMOSASSA IN REFERENCE TO A RESIDENTIAL BURGLARY ALARM AND SUSPICIOUS PERSON IN THAT AREA. UPON ARRIVAL ON ANN POINT, I OBSERVED A MALE, MATCHING THE DESCRIPTION OF THE SUSPICIOUS PERSON, WALKING DOWN ANN POINT. DEPUTY CHENOWETH AND I MADE CONTACT WITH THE MALE IN FRONT OF 11285 SOUTH ANN POINT WHO IDENTIFIED HIMSELF AS THE DEFENDANT, MR JEFFREY SMITH, BY HIS DRIVER'S LICENSE. AS I SPOKE WITH THE DEFENDANT, I HEARD THE SOUND OF PLASTIC BEING CHEWED COMING FROM THE DEFENDANTâS MOUTH. I ASKED HIM WHAT WAS IN HIS MOUTH AND TO OPEN HIS MOUTH. AT THAT MOMENT, THE DEFENDANT TENSED UP HIS JAW AND BODY, REFUSED TO OPEN HIS MOUTH AND MADE SEVERAL ATTEMPTS TO SWALLOW THE OBJECT IN HIS MOUTH. DEPUTY CHENOWETH AND MYSELF MOVED THE DEFENDANT TO THE REAR OF MY PATROL VEHICLE AND ATTEMPTED TO GET THE OBJECT OUT OF THE DEFENDANTâS MOUTH. I GAVE THE DEFENDANT NUMEROUS VERBAL COMMANDS TO SPIT THE OBJECT OUT TO WHICH THE DEFENDANT REFUSED. I ASKED DEPUTY CHENOWETH TO REMOVE HIS TASER AND INFORMED THE DEFENDANT THAT IF HE DID NOT SPIT THE OBJECT OUT, HE WOULD BE TASED. AT THAT POINT THE DEFENDANT SPIT THE PLASTIC BAG OUT OF HIS MOUTH WHICH STRUCK DEPUTY CHENOWETH IN THE CHEST AREA. THE PLASTIC BAG CONTAINED SMALL GLASS LIKE SHARDS WHICH UPON FIELD TESTING, REVEALED METHAMPHETAMINE. THE PLASTIC BAG AND ITS CONTENTS WERE TRANSFERRED TO A PLASTIC BAG AND WEIGHED WHICH EQUALED APPROXIMATELY 0.9 GRAMS. THE DEFENDANT WAS PLACED UNDER ARREST FOR METHAMPHETAMINE, RESISTING WITHOUT VIOLENCE, AND TAMPERING WITH PHYSICAL EVIDENCE. THE DEFENDANT WAS THEN, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SEARCHED, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE METHAMPHETAMINE WAS SUBMITTED INTO EVIDENCE THE DEFENDANTâS BOND WAS SET AT $4,500.00, PER THE BOND SCHEDULE. |
