| Probable cause affidavit: |
SUBMITTED BY: FERGUSON, ADAM 0505 (AR07004673) DID UNLAWFULLY HAVE IN HIS/HER ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: HEROIN SAID OBJECT BEING TWO SYRINGES, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147. ON 082307 I RESPONDED TO PETE'S PIER AT 1 SOUTH WEST 1ST PLACE, CRYSTAL RIVER, IN REFERENCE TO ASSISTING THE COAST GUARD. UPON ARRIVAL, I MADE CONTACT WITH BOARDING OFFICER PHILLIP WILSON, AND THE CREW FROM STATION YANKEE TOWN. OFFICER WILSON ADVISED THAT WHILE ON UNIFORM ROUTINE PATROL IN THE GULF OF MEXICO, LESS THAN ELEVEN MILES OFF SHORE, HE OBSERVED DEFENDANT NUMBER ONE MR ANTHONY THOMPSON, AND DEFENDANT NUMBER TWO, MR JOHN COSTELLO, ONBOARD THE VESSEL "COMET". (DOCUMENTATION NUMBER 505428) OFFICER WILSON ADVISED HE CONDUCTED A SAFETY INSPECTION IN ACCORDANCE with 14UFC89 (A), TO VERIFY THE VESSEL WAS IN COMPLIANCE WITH ALL FEDERAL LAWS AND REGULATIONS. AFTER GETTING CONSENT TO SEARCH THE VESSEL, OFFICER WILSON BEGAN SEARCHING THE MAIN CABIN OF THE VESSEL. AT THAT TIME HE FOUND LOCATED INSIDE A CLEAR ADIDAS PLASTIC BOOK BAG, A PLASTIC ZIPLOC BAG CONTAINING APPROXIMATELY TWO GRAMS OF MARIJUANA. OFFICER WILSON ADVISED HE THEN FOUND A PAIR OF KHAKI SHORTS ON THE FLOOR OF THE CABIN. INSIDE THE POCKET OF THE SHORTS HE FOUND A METAL CYLINDRICAL PIPE WITH BURNT COCAINE RESIDUE ALONG WITH TWO SYRINGES WHICH DEFENDANT NUMBER ONE ADVISED HE USED TO SHOOT UP HEROIN. HE ALSO LOCATED TWO SPOONS WITH BURNT RESIDUE WHICH DEFENDANT NUMBER ONE ADVISED HE USED TO MELT NARCOTICS. A FURTHER SEARCH OF THE VESSEL LOCATED TWO MORE SYRINGES LOCATED ABOVE THE OPERATORS CHAIR BEHIND SOME WIRES IN THE VHF RADIO. AT THAT TIME I TOOK THE EVIDENCE INTO CUSTODY. I THEN MADE CONTACT WITH DEFENDANT NUMBER ONE AND READ HIM MIRANDA WARNING VIA CARD. THE DEFENDANT STATED HE UNDERSTOOD HIS RIGHTS AND WOULD SPEAK WITH ME. I ASKED DEFENDANT NUMBER ONE IF THE NARCOTICS LOCATED ON THE VESSEL WERE HIS, TO which HE STATED THE CLEAR ADIDAS BOOK BAG ALONG with THE MARIJUANA WAS HIS AND THAT THE SHORTS ON THE GROUND WITH THE TWO SYRINGES AND METAL PIPE WERE ALSO HIS. HE ADVISED HE KNEW THE PIPE AND NEEDLES WERE IN THERE AND THAT HE HAD USED THEM BEFORE. I THEN MADE CONTACT WITH DEFENDANT NUMBER TWO, WHO WAS ADVISED OF HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT STATED HE UNDERSTOOD HIS RIGHTS AND would SPEAK WITH ME. HE ADVISED THAT HE HAD NO KNOWLEDGE OF ANY ILLEGAL NARCOTICS ON THE VESSEL, AND AT NO TIME IN THE RECENT PAST HAS HE USED NARCOTICS. I CONTINUED ASKING DEFENDANT NUMBER TWO QUESTIONS AND AFTER SEVERAL MINUTES HE ADVISED THAT IT WAS POSSIBLE THAT THE NEEDLES FOUND ABOVE THE OPERATOR'S CHAIR WERE HIS. I THEN ADVISED HIM THAT the NEEDLES WERE IN PLAIN VIEW RIGHT NEXT TO THE VHF RADIO. HE THEN CORRECTED ME AND STATED THAT THEY WERE BEHIND SOME WIRES IN A SMALL LITTLE AREA TUCKED AWAY. THIS INDICATED that THE DEFENDANT KNEW WHERE THEY WERE HIDDEN. DEFENDANT NUMBER TWO THEN ADVISED THAT THEY WERE PROBABLY HIS, BUT THAT HE HAD LEFT THEM THERE ON A PREVIOUS TRIP AND HAD FORGOTTEN ABOUT THEM. AT THAT TIME BOTH DEFENDANTS WERE PLACED UNDER ARREST, HANDCUFFED (DOUBLE-LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. BOTH DEFENDANTS WERE THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING and PROCESSING. DEFENDANT NUMBER ONE WAS CHARGED WITH ONE COUNT POSSESSION OF MARIJUANA UNDER 20 GRAMS, AND ONE COUNT POSSESSION OF PARAPHERNALIA. HIS BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. DEFENDANT NUMBER TWO WAS CHARGED WITH ONE COUNT POSSESSION OF PARAPHERNALIA. HIS BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. THE EVIDENCE WILL BE TURNED INTO THE EVIDENCE LOCKER AT THE CITRUS COUNTY SHERIFF'S OFFICE. *NOT-EXEMPT* |
