| Probable cause affidavit: |
SUBMITTED BY: LAUGHLIN, JEREMY 0617 (AR10115246) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CRACK COCAINE WEIGHING APPROXIMATELY 1.5 GRAMS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). DID, KNOWING HIS DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2). ON 060710 AT APPROXIMATELY 2000 HOURS, I WAS CONDUCTING TRAFFIC ENFORCEMENT IN THE AREA OF NORTH CITRUS SPRINGS BOULEVARD AND NORTH SANTOS DRIVE, WHEN I OBSERVED A TAN 4 DOOR, MERCURY TRAVELLING WESTBOUND ON NORTH CITRUS SPRINGS BOULEVARD, PASS BY ME, AT WHICH TIME, I OBSERVED THE DRIVER NOT TO BE WEARING HIS SEATBELT. AT THAT TIME, I THEN CONDUCTED A U-TURN IN ORDER TO CONDUCT A TRAFFIC STOP; HOWEVER, THE VEHICLE TURNED SOUTH ON NORTH SANTOS DRIVE AND ACCELERATED MAKING AN ABRUPT TURN, TRAVELLING EAST ON NORTH ELLIOT WAY. AT THAT TIME, I THEN CAUGHT UP TO THE VEHICLE ON NORTH ELLIOT WAY AND CONDUCTED A TRAFFIC STOP, AT WHICH TIME, THE VEHICLE PULLED OVER TO THE SHOULDER OF THE ROAD. THE DRIVER STARTED TO EXIT THE VEHICLE; HOWEVER, I HAD ALREADY EXITED MY PATROL VEHICLE AND ORDERED THE DRIVER BACK INTO HIS VEHICLE. ONCE THE DRIVER WAS SEATED BACK IN HIS VEHICLE, I MADE CONTACT WITH HIM AND REQUESTED HIS DRIVER'S LICENSE, VEHICLE REGISTRATION AND PROOF OF INSURANCE. THE DRIVER ADVISED, THAT HE DID NOT HAVE ANY FORM OF IDENTIFICATION AND THAT THE VEHICLE WAS HIS SISTERS AND THAT HE DID NOT HAVE ANY VEHICLE INFORMATION. I ADVISED THE DRIVER THAT HE HAD BEEN STOPPED FOR FAILURE TO WEAR HIS SEATBELT, TO WHICH, HE ADVISED THAT HE WAS SORRY AND THAT HE HAD ONLY TRAVELED FROM THE GAS STATION AND WAS DROPPING OFF A PASSENGER ON ELLIOT WAY. THE DRIVER THEN IDENTIFIED HIMSELF AS MR JOE LEE SMITH, WITH A DATE OF BIRTH (DOB) OF 082588 AND THE PASSENGER, WHO WAS ALSO NOT WEARING A SEAT BELT, PROVIDED ME WITH A MILITARY IDENTIFICATION CARD. I THEN ASKED THE DEFENDANT AND THE PASSENGER IF THERE WERE ANY WEAPONS, NARCOTICS OR ANYTHING ELSE IN THE VEHICLE THAT THIS DEPUTY NEEDED TO KNOW ABOUT, WHICH BOTH ADVISED THERE WAS NOT. I THEN RESPONDED BACK TO MY PATROL VEHICLE AND RAN THE VEHICLES TAG NUMBER, THAT OF FLORIDA 919WBW, WHICH REVEALED AN EXPIRATION DATE OF 101909 AND SHOULD HAVE APPEARED ON A GREEN FOUR DOOR KIA. THE TAG WAS ATTACHED TO A 1994 TAN, MERCURY, FOUR DOOR, GRAN MARQUIS. I THEN RAN THE DEFENDANT'S INFORMATION THROUGH FCIC/NCIC AND "D.A.V.I.D.", which REVEALED THAT HIS DRIVING PRIVILEGES HAD BEEN SUSPENDED SINCE 091207 AND THAT HE HAD BEEN CONVICTED OF DRIVING WHILE LICENSE SUSPENDED IN 2008. THE PASSENGER WAS CHECKED FOR WANTS AND WARRANTS WITH NEGATIVE RESULTS, AT WHICH TIME, "K-9" DEPUTY ROWAND ARRIVED ON SCENE. AT THAT TIME, DEPUTY ROWAND MADE CONTACT WITH THE DEFENDANT IN THE VEHICLE. DEPUTY ROWAND THEN DEPLOYED "K-9" TUCK. AT WHICH TIME, AN EXTERIOR SNIFF WAS CONDUCTED ON THE VEHICLE. "K-9" TUCK DID MAKE AN ALERT OF THE PRESENCE OF NARCOTICS IN THE VEHICLE. SEE "K-9" DEPUTY ROWAND'S REPORT. AT THAT TIME, THE DEFENDANT WAS REMOVED FROM THE VEHICLE AND ASKED IF HE HAD ANY WEAPONS OR NARCOTICS ON HIS PERSON, TO WHICH HE ADVISED HE DID NOT. THE DEFENDANT DID STATE THAT THERE MIGHT BE A SMALL AMOUNT OF MARIJUANA IN THE VEHICLE. "K-9" DEPUTY ROWAND THEN RETURNED TO THE VEHICLE, AS I CONDUCTED A PAT DOWN OF THE DEFENDANT. AT THAT TIME, I DID LIFT THE DEFENDANT'S LEFT PANTS LEG AND A PRESCRIPTION BOTTLE FELL FROM THE DEFENDANT PANTS LEG; WHICH, CONTAINED A WHITE SUBSTANCE THAT I IDENTIFIED THROUGH MY TRAINING AND EXPERIENCE TO BE CRACK COCAINE. AT THAT TIME, THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED), BEHIND HIS BACK AND THE PRESCRIPTION BOTTLE WAS TAKEN IN TO EVIDENCE. A FURTHER SEARCH OF THE DEFENDANT REVEALED A SMALL PLASTIC BAGGIE CONTAINING FIVE INDIVIDUALLY WRAPPED PLASTIC BAGGIES CONTAINING MARIJUANA; WHICH, WAS ALSO LOCATED IN THE DEFENDANT 'S LEFT PANT LEG. A FURTHER SEARCH OF THE DEFENDANT REVEALED NO FURTHER CONTRABAND AND HE WAS SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. A FURTHER SEARCH OF THE PASSENGER AND THE VEHICLE REVEALED NO FURTHER CONTRABAND; HOWEVER, THIS DEPUTY WAS NOT ABLE TO DETERMINE THE OWNER OF THE VEHICLE BY RUNNING THE VEHICLE IDENTIFICATION NUMBER (VIN) NUMBER SINCE THE REGISTRATION HAD BEEN CANCELLED SINCE 2008 AND THAT THE VEHICLE WAS NOT REGISTERED. THE VEHICLE WAS THEN TOWED BY PRECISION TOWING. A TOW SHEET WAS COMPLETED AND WILL BE TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) RECORDS DIVISION. THE DEFENDANT WAS THEN ISSUED UNIFORM TRAFFIC CITATION (UTC) 1852FYA6 FOR DRIVING WHILE LICENSE SUSPENDED/REVOKED AND CITATION NUMBER 1853FYA7 FOR AN UNREGISTERED VEHICLE WITH BOTH CITATIONS HAVING A MANDATORY COURT DATE OF 062410 AT 1300 HOURS . THE DEFENDANT WAS ALSO ISSUED WARNING NUMBER 293943B FOR FAILURE TO WEAR SEATBELT. THE DEFENDANT WAS THEN ADVISED THAT HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF A CONTROLLED SUBSTANCE (CRACK COCAINE), POSSESSION OF MARIJUANA LESS THAN 20 GRAMS, AND DRIVING WHILE LICENSE SUSPENDED/REVOKED KNOWINGLY. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. TOTAL BOND SET FOR THE DEFENDANT WAS $6,000.00 PER THE BOND SCHEDULE. ALSO AT THE DETENTION FACILITY THE CRACK COCAINE WAS TESTED AND YIELDED A POSITIVE TEST FOR CRACK COCAINE WITH A TOTAL WEIGHT OF 1.5 GRAMS. THE MARIJUANA WAS ALSO FIELD TESTED WITH A POSITIVE TEST AND WEIGHED APPROXIMATELY 13 GRAMS. IT SHOULD BE NOTED THAT THE MARIJUANA WAS PACKAGED IN TO FIVE SMALL BAGGIES RANGING IN WEIGHT OF 2.5 GRAMS AND 3.0 GRAMS PER BAGGIE. ALL EVIDENCE WILL BE PACKAGED AND TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION. *NOT-EXEMPT* |
