Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0653 (AR1126) THE DEFENDANT, MR JOEL ALLEN TINKER, DID UNLAWFULLY HAVE IN HIS/HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: POSSESSION OF ONE TABLET OF 20 MILLIGRAM OXYCODONE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). THE DEFENDANT, MR JOEL ALLEN TINKER, DID KNOWINGLY ALTER, DESTROY, CONCEAL, OR REMOVE A RECORD, DOCUMENT, OR THING, WITH THE PURPOSE TO IMPAIR ITS VERITY OR AVAILABILITY IN SUCH PROCEEDING OR INVESTIGATION, TO WIT: THROWING A TABLET OF 30 MG OF OXYCODONE INTO THE ROADWAY, IN VIOLATION OF FLORIDA STATE STATUTE 918.13. ON 051212 AT 1800 HOURS, I WAS CONDUCTING A SECURITY CHECK IN THE INVERNESS HIGHLANDS. I WAS TRAVELING EAST ON EAST MELBOURNE STREET, AND DID OBSERVE A WHITE VOLKSWAGEN PASSENGER VEHICLE, BEARING TAG 787YVS, TURNING WEST FROM SOUGH HIGHLANDS AVENUE. AS THE VEHICLE PASSED, I DID OBSERVE THE DRIVER TO NOT BE WEARING HIS SAFETY BELT. AT THAT TIME I CONDUCTING A U-TURN AND BEGAN TO FOLLOW SAID VEHICLE. I THEN FOLLOWED THE VEHICLE ON SOUTH APOPKA AVENUE, AND THEN made A LEFT TURN TRAVELING SOUTH. I BEGAN TO PACE THE VEHICLE AT 42 MILES PER HOUR IN A 35 MPH ZONE. I THEN ACTIVATED MY OVERHEAD EMERGENCY LIGHTS AND DID CONDUCT A TRAFFIC STOP ON THAT VEHICLE AT THE INTERSECTION OF SOUTH APOPKA AND SLATE STREET. I THEN APPROACHED THE DRIVER, LATE IDENTIFIED AS THE DEFENDANT, MR JOEL TINKER. I ASKED THE DEFENDANT FOR HIS DRIVER’S LICENSE, REGISTRATION AND PROOF OF INSURANCE. THE DEFENDANT THEN PROVIDED ME with ALL INFORMATION, EXCEPT FOR HIS DRIVER’S LICENSE. I THEN ADVISED THE OF DEFENDANT MY REASONING FOR STOPPING HIM, AND WITH NO DISPUTE FROM THE DEFENDANT, I ASKED IF HE WERE TRANSPORTING ANY DRUGS, GUNS OR ILLEGAL ITEMS INSIDE OF HIS VEHICLE, AT WHICH TIME HE DID STATE THAT HE WAS NOT. I THEN ASKED PERMISSION TO SEARCH FOR THESE ITEMS, AT WHICH TIME THE DEFENDANT EXITED THE VEHICLE AND ALLOWED THIS SEARCH. AS THE DEFENDANT EXITED the VEHICLE, I ASKED HIM IF HE WOULD NOT MIND TO EMPTY HIS POCKETS ONTO THE HOOD OF MY PATROL VEHICLE THE DEFENDANT THEN SAID THAT HE DID NOT MIND, BUT BEGAN TO SHUFFLE THROUGH HIS POCKETS, FOR AN EXTENDED AMOUNT OF TIME. THE DEFENDANT THEN ATTEMPTED TO TURN HIS POCKETS INSIDE OUT, AT WHICH TIME, A SMALL BLUE PILL FELL FROM HIS POCKET ONTO THE ROADWAY WHERE HE WAS STANDING. THE DEFENDANT THEN GRASPED THE END OF HIS RIGHT SIDE POCKET TIGHTLY, AS IF THERE WERE MORE PILLS ABOUT TO FALL FROM HIS POCKET. I THEN ORDERED THE DEFENDANT TO DROP WHAT WAS IN HIS HAND, AT WHICH TIME HE HESITATED, AND WOULD NOT LISTEN TO MY COMMAND. I AGAIN REPEATED MY COMMAND TO DROP THE ITEM, AT WHICH TIME THE DEFENDANT THREW THE CONTENTS OF WHAT WAS IN HIS HAND OVER MY PATROL VEHICLE INTO THE ROADWAY ON SOUTH APOPKA AVENUE. I THEN PLACED THE DEFENDANT IN HANDCUFFS, AND SECURED HIM IN THE REAR OF MY PATROL VEHICLE THE PILL FOUND ON THE GROUND WHICH HAD ORIGINALLY BEEN DROPPED, WA LATER IDENTIFIED AS AN OXYCODONE, 30 MG TABLET, WHICH WAS CONFIRMED THROUGH POISON CONTROL. WHILE ON SCENE, THE OWNER OF THE VEHICLE, THE DEFENDANT’S FATHER, WAS CONTACTED, AND REQUESTED TO RESPOND TO THE SCENE TO PICK UP THE VEHICLE. THE DEFENDANT WAS THEN PLACED UNDER ARREST, FOR THE POSSESSION OF A CONTROLLED SUBSTANCE AND TAMPERING WITH EVIDENCE. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO MY ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, I READ THE DEFENDANT HIS MIRANDA WARNINGS VIA PRE PRINTED CARD, AND HE DID ADVISE THAT HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH ME., I ASKED THE DEFENDANT WHAT HE THOUGHT THE PILLS WERE, AND HE ADVISED ROXYCODONE. I ASKED THE DEFENDANT HOW MANY HE THREW INTO THE STREET, AND HE ADVISED ONLY ONE. THE DEFENDANT WAS THEN BOOKED AND PROCESSED INTO THE DETENTION FACILITY, AND WAS GIVEN A BOND OF $4,000.00, PER THE SCHEDULE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION 6471GQF7, FOR A SEAT BELT VIOLATION, AND WAS GIVEN VERBAL WARNINGS FOR THE OTHER INFRACTIONS OF SPEEDING AND NOT CARRYING HIS DRIVER’S LICENSE. |