Date of birth: | Nov 10, 1985 |
Probable cause affidavit: | SUBMITTED BY: AGUILERA, EMANUEL 1238 (AR 16-19121)(16-52686) DID HAVING BEEN CONVICTED OF A FELONY, UNLAWFULLY OWN OR HAVE IN HIS CARE, CUSTODY, POSSESSION OR CONTROL A SMITH & WESSON SEMI-AUTOMATIC 9 MM PISTOL, IN VIOLATION OF FLORIDA STATUTE 790.23(1)(A); ON 041916, AT APPROXIMATELY 0944 HOURS, THIS DEPUTY WAS RUNNING TRAFFIC ENFORCEMENT IN THE AREA OF WEST RIVER ROAD AND NORTH SUNCOAST BOULEVARD, CRYSTAL RIVER, WHEN I OBSERVED A WHITE FOUR DOOR VEHICLE TRAVELING NORTHBOUND ON SUNCOAST BOULEVARD. I OBSERVED SAID VEHICLE WHERE THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR JERRY VOLTAIRE, HAD THE FRONT WINDOW COMPLETELY ROLLED DOWN, NOT TO BE WEARING HIS SEATBELT. I CONDUCTED A U-TURN AND POSITIONED MY PATROL VEHICLE BEHIND SAID VEHICLE BEARING FLORIDA LICENSE PLATE AQTP52. I ACTIVATED MY OVERHEAD EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP NEAR 19 AND CORNFLOWER ON SAID VEHICLE FOR the DRIVER NOT WEARING HIS SEAT BELT. UPON MAKING CONTACT WITH THE DEFENDANT, I ASKED FOR HIS DRIVER'S LICENSE, REGISTRATION, AND PROOF OF INSURANCE. the DEFENDANT PROVIDED THIS DEPUTY WITH SAID DOCUMENTS. I ADVISED HIM OF the REASON FOR THE TRAFFIC STOP THAT HE WAS NOT WEARING A SEAT BELT. THE DEFENDANT ADVISED HE WAS ON HIS WAY TO WORK AND SORRY HE WAS NOT WEARING HIS SEATBELT. WHILE SPEAKING WITH THE DEFENDANT, I COULD TELL HE WAS NERVOUS WHILE I WAS SPEAKING with HIM. I RETURNED TO MY PAROLE VEHICLE WHERE I RAN THE DEFENDANT AND HIS VEHICLE THROUGH TELETYPE FOR WANTS, WARRANTS, AND DRIVER HISTORY. HE WAS NEGATIVE FOR WANTS AND WARRANTS AND HAD A VALID DRIVER'S LICENSE. AS I WAS COMPLETING A WRITTEN WARNING FOR THE DEFENDANT NOT WEARING A SEATBELT, DEPUTY WILLIAMS ARRIVED AND DEPLOYED HIS CANINE PARTNER FOR AN EXTERIOR SNIFF OF the VEHICLE. DEPUTY WILLIAMS LATER ADVISED THIS DEPUTY THAT HIS CANINE PARTNER HAD ALERTED to the VEHICLE. I MADE CONTACT WITH the DEFENDANT AND ADVISED HIM THAT THE CANINE HAD ALERTED TO THE VEHICLE AND ASKED IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE. HE ADVISED THERE WAS NOT. I ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE AND STAND IN FRONT OF MY PATROL VEHICLE WITH DEPUTY CRUZ. DEPUTY WILLIAMS AND I CONDUCTED A HAND SEARCH OF THE VEHICLE. DURING THE SEARCH OF THE VEHICLE, THE DEFENDANT IMPLIED TO DEPUTY WILLIAMS THAT THE TRUNK DOES NOT OPEN AS THERE WAS ELECTRICAL PROBLEMS. I ASKED THE DEFENDANT IF THERE WAS ANYTHING IN the TRUNK THAT HE WAS NOT SUPPOSED TO HAVE. HE ADVISED THERE IS NOT AND IT DOES NOT OPEN. DEPUTY WILLIAMS WAS LATER ABLE TO GAIN ACCESS TO THE TRUNK OF THE VEHICLE WHERE HE LOCATED A FIREARM WHICH WAS LATER FOUND TO BE STOLEN OUT OF DURAL POLICE DEPARTMENT REFERENCE DR-110709013252, WHICH TELETYPE CONFIRMED IT WAS STILL AN ACTIVE CASE. THE REPORT ADVISED THE FIREARM WAS STOLEN ON 070911. SEE DEPUTY WILLIAMSâ SUPPLEMENT. I READ THE DEFENDANT HIS MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE AGREED TO SPEAK WITH ME. I ASKED THE DEFENDANT ABOUT THE FIREARM. HE STATED IT WAS NOT HIS. I ASKED THE DEFENDANT IF HIS FINGERPRINTS WOULD BE ON IT. HE ADVISED THEY WOULD BE AS A friend HAD SHOWN IT TO HIM AND HE HAD TOUCHED IT. IT should BE NOTED THAT the VEHICLE IS REGISTERED TO THE DEFENDANT AND HE WAS THE SOLE OCCUPANT. I ASKED THE DEFENDANT IF HE WAS A CONVICTED FELON. HE ADVISED HE WAS. I RAN A QI ON the DEFENDANT WHICH DID ADVISE THE DEFENDANTâS LAST FELONY CONVICTION WAS 033007. I ASKED THE DEFENDANT IF HE HAD EVER HAD HIS RIGHTS RESTORED TO CARRY A FIREARM. A SEARCH OF THE EXECUTIVE OFFICE OF CLEMENCY WEBSITE WHICH ALSO CONFIRMED THE DEFENDANT HAS NOT HAD HIS RIGHTS RESTORED AND SHOULD NOT BE IN POSSESSION OF A FIREARM. I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR A CONVICTED FELON IN POSSESSION OF A FIREARM. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING NG. the DEFENDANTâS VEHICLE WAS TOWED BY ADAMS TOWING. DEPUTY CRUZ STOOD BY with THE VEHICLE UNTIL IT WAS TOWED. THE DEFENDANTâS BOND WAS SET AT $2,000.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED WRITTEN WARNING NUMBER 400298B FOR A SEATBELT VIOLATION. THE FIREARM WAS COLLECTED AND TURNED IN TO EVIDENCE. NO FURTHER ACTION BY THIS DEPUTY. |
Inmate name: | JERRY VOLTAIRE |
State case no: | 13-2004-CF-002768-0001-XX |
Probation type: | PROBATION |
Probation start date: | Apr 28, 2004 |
Probation length: | 7 YEARS |
Probation end date: | Mar 30, 2007 |
Judge: | SANCHEZ-LLORENS, MIGNA |
File location: | RECORD CENTER |
Defense attorney: | KIM, PENNY |
Defendant release to: | ROR |
Defendant in jail: | N |
Date filed: | Jan 28, 2004 |
Date closed: | Apr 28, 2004 |
Court room: | REGJB - JUSTICE BUILDING, ROOM No.: 6-2 |
Court case no: | F-04-002768 |
Court address: | 1351 N.W. 12 ST |
Box number: | 206-293 |
Bond type: | RELEASED OWN RECOGNIZANCE |
Bond status: | DISCHARGED |
Bond date: | Apr 14, 2005 |
Bfile section: | F018 |
Arrest number: | 19121 |
Arrest date: | Apr 19, 2016 |
Arrest type: | Felony |
Booking location: | Citrus County, FL |
Booking location: | Miami-Dade County, FL |
Type: | MISC HOLD |
Seq no: | 5 |
Charge: | PROBATION VIOLATION |
Type: | MISC HOLD |
Seq no: | 7 |
Charge: | PROBATION VIOLATION |
Type: | MISC HOLD |
Seq no: | 6 |
Charge: | PROBATION VIOLATION |
Type: | FELONY |
Seq no: | 1 |
Charge: | STOLEN PROP/DEAL IN |
Type: | FELONY |
Seq no: | 2 |
Charge: | PWNBRK/FLS VER/ |
Type: | FELONY |
Seq no: | 3 |
Charge: | BURGLARY/UNOCC/DWELL |
Code: | 790.23(1)(A) |
Charge description: | Possession of a firearm by convicted felon |
Bond amount: | $2,000 |