| Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0652 (AR16-21897/16-168733) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO-WIT: ONE BAGGIE CONTAINING 14 ALPRAZOLAM ONE MILLIGRAM PILLS, WITH THE INTENT TO SELL THE SAID SUBSTANCE TO ANOTHER PERSON, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(1). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: ONE CONTAINER WITH A BAGGIE OF METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). ON 120916, AT APPROXIMATELY 2257 HOURS, I OBSERVED A BLACK TOYOTA PICKUP TRUCK TRAVELING WEST BOUND ON HOMOSASSA TRAIL AND BEGIN TO ENTER THE âSâ CURVE AT THE INTERSECTION OF WEST OXY EYE PLACE WHERE THE POSTED SPEED LIMIT IS FIFTEEN MILES PER HOUR. IT WAS ESTIMATED THAT THE VEHICLE WAS TRAVELING AT APPROXIMATELY THIRTY MILES PER HOUR AT WHICH TIME, DUE TO THE VEHICLE'S SPEED, THE VEHICLE CROSSED THE CENTER DOUBLE YELLOW LINE AND BEGAN DRIVING IN THE EAST BOUND LANE FOR A SHORT TIME FAILING TO MAINTAIN A SINGLE LANE. AS THE VEHICLE PASSED MY LOCATION, I PULLED OUT BEHIND IT AND ACTIVATED MY EMERGENCY LIGHTS AND SIREN AT WHICH TIME THE VEHICLE PULLED INTO THE RACETRAC GAS STATION LOCATED AT 3861 SOUTH SUNCOAST BOULEVARD AND PULLED INTO A PARKING SPACE ON THE SOUTH SIDE OF THE BUSINESS. I THEN APPROACHED THE DRIVER SIDE OF THE VEHICLE AND MADE CONTACT WITH THE DRIVER/ DEFENDANT, MR. JEROME LEWANDOWSKI, AND ASKED HIM FOR HIS DRIVER LICENSE, REGISTRATION AND PROOF OF INSURANCE. WHILE SPEAKING WITH THE DEFENDANT, I OBSERVED HIM TO BE VERY NERVOUS AND SAW HIS HANDS SHAKING AS HE WAS HOLDING HIS WALLET AND GRIPPING THE STEERING WHEEL. THE DEFENDANT THEN HANDED ME HIS DRIVER LICENSE AND ADVISED THAT HE DID NOT KNOW WHERE HIS OTHER PAPERWORK WAS. BASED OF THE DEFENDANTS BEHAVIOR, I ASKED FOR CONSENT TO SEARCH HIS VEHICLE, WHICH HE DENIED. I THEN RETURNED TO MY PATROL VEHICLE AND CALLED FOR THE ASSISTANCE OF CANINE DEPUTY INDORATO (0712). UPON CANINE DEPUTY INDORATOâS ARRIVAL, HE DEPLOYED K-9 REPO AROUND THE DEFENDANT'S VEHICLE. I WAS SOON AFTER ADVISED BY CANINE DEPUTY INDORATO THAT K-9 REPO ALERTED TO THE VEHICLE. AT THAT TIME, DEPUTY SEFFERN BEGAN ASKING THE DEFENDANT TO EXIT THE VEHICLE, WHICH HE WAS REFUSING. DEPUTY SEFFERN THEN BEGAN EXPLAINING TO THE DEFENDANT THE REASON TO SEARCH THE VEHICLE, AND AFTER A FEW MINUTES OF TALKING TO THE DEFENDANT, HE EXITED THE VEHICLE. AS THE DEFENDANT EXITED, I INSTRUCTED HIM TO WALK BACK WITH ME TO MY PATROL VEHICLE. WHILE DOING SO, DEPUTY SEFFERN ADVISED THAT HE HAD FOUND A CLEAR CONTAINER WITH A BAGGIE INSIDE WITH WHAT APPEARED TO BE METHAMPHETAMINE IN IT SITTING ON THE DRIVER SEAT, WHICH WOULD HAVE BEEN UNDER THE DEFENDANT AS HE WAS SITTING THERE. THE DEFENDANT WAS THEN PLACED IN HANDCUFFS, DOUBLE LOCKED, BEHIND HIS BACK. I THEN BEGAN TO SEARCH THE DEFENDANT'S FRONT POCKETS OF HIS PANTS, AND INSIDE THE LEFT POCKET, I FOUND A CLEAR PLASTIC BAGGIE WITH SEVERAL BLUE PILLS IN IT. THERE WERE A TOTAL OF 14 BLUE CIRCULAR PILLS WITH THE IMPRINT OF â031â ON ONE SIDE AND AN UNKNOWN DESIGN ON THE OTHER. THIS INFORMATION WAS RAN ON DRUGS.COM, AND I WAS ADVISED THAT THE PILLS WERE ALPRAZOLAM ONE MILLIGRAM. ALSO, IN THE SAME POCKET, WAS FOURTEEN ONE HUNDRED DOLLAR BILLS, TWO TWENTY DOLLAR BILLS AND ONE FIVE DOLLAR BILL TOTALING $1,445.00 AT THAT TIME, I READ THE DEFENDANT HIS MIRANDA RIGHTS VIA A PREPRINTED CARD. HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND WISHED TO REMAIN SILENT. THE DEFENDANT WAS THEN SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE GETTING THE DEFENDANT OUT OF THE BACK OF MY CAR, THE DEFENDANT WAS ASKED IF THERE WAS ANYTHING ELSE ON HIM. THE DEFENDANT BEGAN TO FEEL AROUND HIS WAISTBAND AND SAID âJUST THIS,â AS HE HANDED ME TWO EMPTY BAGGIES THAT MATCHED THE BAGGIE THAT THE PILLS WERE IN. I THEN ASKED HIM IF WHAT WAS FOUND IN THE TRUCK WAS ALL HE HAD, AND HE STATED âYES." DUE TO THE DEFENDANT HAVING THE PILLS, MONEY AND BAGGIES, HE WILL BE CHARGED WITH ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE WITH INTENT TO SELL WITH A BOND OF $5,000.00 AND POSSESSION OF A CONTROLLED SUBSTANCE FOR THE 0.47 GRAMS METHAMPHETAMINE WITH A BOND OF $2,000.00 FOR A TOTAL BOND OF $7,000.00, PER THE BOND SCHEDULE. THE METHAMPHETAMINE, WHICH FIELD TESTED POSITIVE, ALPRAZOLAM PILLS AND MONEY WERE ALL LATER TURNED INTO EVIDENCE. THE DEFENDANT WAS ISSUED A WARNING CITATION, NUMBER 390917B, FOR FAILING TO MAINTAIN A SINGLE LANE AND A WARNING CITATION, NUMBER 390918B, FOR FAILING TO HAVE HIS VEHICLE REGISTRATION AND PROOF OF INSURANCE. |
