Probable cause affidavit: |
SUBMITTED BY: callahan, craig 0643 (ar08106022) DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: ONE HYDROMORPHONE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY, then and there have in her actual or constructive possession a certain habit-forming, toxic, harmful, new or legend drug subject to Section 499.003, Florida Statutes, to-wit: 21 TOPAMAX 25 MG PILLS, without having obtained said drug by a valid prescription, in violation of Florida Statute 499.03(1); ON 103108 AT APPROXIMATELY 2245 HOURS, I WAS TRAVELING NORTHBOUND ON NORTH FLORIDA AVENUE IN THE AREA OF C-39 (WEST WITHLACOOCHEE TRAIL) IN DUNNELLON, FLORIDA. UPON DOING SO I OBSERVED A RED CHEVROLET BLAZER WHO WAS ALSO TRAVELING NORTHBOUND ON NORTH FLORIDA AVENUE. UPON TRAVELING BEHIND SAID VEHICLE I RAN THE VEHICLE'S TAG NUMBER (T644WK) THROUGH FCIC/NCIC WHICH REVEALED THAT THE VEHICLE'S REGISTRATION HAD EXPIRED ON 093008. AT THAT TIME I ACTIVATED MY OVERHEAD EMERGEnCY LIGHTS AND INITIATED A TRAFFIC STOP ON THE VEHICLE. UPON MAKING CONTACT WITH THE DRIVER/DEFENDANT, MS JESSICA SALVATORE, I ADVISED HER OF THE REASON SHE HaD BEEN STOPPED, TO WHICH SHE STATED SHE KNEW HER registration was expired, however, she had just forgotten to renew it. aT that time i requested her driver's license and registration, of which she was able to provide both. at that time i returned to my patrol vehicle. a short time later i again made contact with the defendant and advised her i was issuing her a written warning for the violation and that the traffic stop was now concluded, to which she stated she understood. prior to leaving the scene i asked ms salvatore if there was any illegal narcotics in the vehicle, to which she stated, no. i then asked ms salvatore if she would mind if i took a look inside the vehicle, to which she stated i could search the vehicle and it's contents. upon receiving consent to search the vehicle, ms salvatore stepped out of the vehicle and stood directly in front of her vehicle while i searched the interior. upon performing the search i located a white antihistamine pill bottle in the center console of the vehicle. upon opening the pill bottle i observed five large pink pills and one smaller white pill. upon further search of the vehicle i also located a blue plastic container containing 21 white pills. both pill bottles were located in the same vicinity inside the vehicle. upon presenting the defendant with my findings, she advised me that the pills were all hers and that they were her birth control pills. ms salvatore advised she had prescriptions for all the pills, however, had left them AT home. ms salvatore advised the reason the pills were not in their original containers was due to the fact it was more convenient to carry them in the containers i had found them in. a SHORT TIME later i made contact with poison control, and spoke with operator beverly. she advised me that the small white pill which had been located with the five pink pills was a schedule 2 narcotic known as hydromorphone 8 mg; the white pill is oval shaped and has "m" on the front and 8 on the back. i was also advised that the other 21 pills WHICH had "top" on the front and 25 on the back and HAD BEEN found in the blue plastic container, were identified as topamax. POISON CONTROL advised me THEY were not narcotic, however, wERE a prescription drug COMMONLY USED FOR SEIZURES. IT SHOULD BE KNOWN THE FIVE PINK PILLS WERE NOT IDENTIFIED AS A NARCOTIC, NOR WERE THEY PRESCRIPTION MEDICATION. upon obtaining this information contact was made again with ms salvatore and prior to speaking with her she was read her miranda warnings via preprinted card. she advised she wished to speak with me. upon explaining to ms salvatore that the pills were not a birth control pill, she stated to me that she had just purchased the hydromorphone for $5.00 and was given the 21 topamax pills, HOWEVER WAS UNSURE OF THE TOPAMAX'S USE. ms salvatore advised the reason she purchased the pills was because she was having serious pain in her jaw and teeth. at that time the defendant was advised she was being placed under arrest, at which time she was handcuffed, double locked, and placed in the rear seat of my patrol vehicle for transport to the citrus county detention facility. prior to leaving the scene the defendant's vehicle was towed by advanced towing and a copy of the tow sheet was given to the tow truck driver. . upon arrival at the detention facility the defendant's bond was set at $5,500.00 per the bond schedule. ALL EVIDENCE WAS LATER TURNED OVER TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. DEPARTMENT. *NOT-EXEMPT* |