| Probable cause affidavit: |
SUBMITTED BY: BERGEN, JOHN 0519 (AR18104633) did unlawfully and knowingly obtain, use or endeavor to obtain or use the property of MR TIMMY COX, to-wit: A 1994 BUICK FOUR-DOOR AUTOMOBILE, by exercising control over said property with the intent to either temporarily or permanently deprive MR COX of a right to the property or a benefit thereof, or did appropriate the property to HIS own use or the use of any person not entitled thereto, and knew or should have known that said property was stolen, in violation of Florida Statutes 812.014(1) and 812.014(2)(c); AND 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 Statute 322.34(2)(a); AND 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). ON 081108, I RESPONDED AS BACKUP FOR CANINE deputy TACKETT, WHO HAD STOPPED A VEHICLE AT THE CORNER OF NORTHEAST 4TH STREET and NORTHEAST 8TH AVENUE. UPON MY ARRIVAL, deputy TACKETT WAS JUST EXITING his PATROL VEHICLE AND HE APPROACHED ON the DRIVER'S SIDE WHILE I APPROACHED ON THE PASSENGER'S SIDE. INSIDE THE vehicle WAS ONE WHILE MALE OCCUPANT, LATER IDENTIFIED AS THE defendant, MR JOHN PFAHLER. deputy TACKETT ASKED MR PFHALER IF HE HAD A DRIVER'S LICENSE, TO WHICH HE ADVISED HE DID NOT HAVE IT ON HIM. deputy TACKETT THEN ASKED ME IF I RAN THE vehicle INFORMATION. I ADVISED I HAD NOT, and HE ADVISED THAT THE vehicle WAS REPORTED STOLEN OUT OF OHIO. AT THAT TIME, I ASKED THE DRIVER TO EXIT THE vehicle AND DETAINED HIM UNTIL CONFIRMATION COULD BE MADE WITH THE AUTHORITIES IN OHIO. A SHORT TIME LATER, TELETYPE ADVISED THAT THE vehicle WAS REPORTED STOLEN, AND THE SUSPECT LISTED WAS THE DRIVER, MR JOHN PFAHLER. AT THAT TIME, THE DEFENDANT WAS HANDCUFFED (DOUBLE-LOCKED), SEARCHED, AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. I THEN SEARCHED THE DEFENDANT'S VEHICLE, which REVEALED UNDER THE DRIVER'S SIDE FRONT SEAT TWO SMALL BAGGIES OF MARIJUANA, THE WEIGHT OF WHICH WAS LATER DETERMINED TO BE 3.0 GRAMS TOTAL. I THEN RETRIEVED MY AGENCY-ISSUED LAW ENFORCEMENT FIELD GUIDE. I READ THE defendant HIS MIRANDA WARNINGS, TO WHICH HE ADVISED THAT HE DID UNDERSTAND AND DID WISH TO SPEAK TO ME. I ASKED THE defendant ABOUT THE VEHICLE, TO WHICH HE STATED THAT THERE WAS A BILL OF SALE IN THE VEHICLE AND THAT HE HAD PURCHASED IT FROM A FRIEND NAMED TIMMY COX. IT should BE NOTED THAT deputy TACKETT HAD ALREADY BEGUN TO GO THROUGH SOME PAPERS THAT WERE IN THE VEHICLE, AND HE THEN SHOWED ME THE BILL OF SALE, WHICH WAS NOTARIZED IN THE STATE OF OHIO ON 082207. THE BILL STATED THAT THE defendant WAS TO PAY $125.00 BI-WEEKLY TO MR TIMMY COX UNTIL THE BALANCE OF $950.00 WAS PAID OFF. THE defendant SAID that HE HAS PAID HIM AT LEAST HALF OF THAT. I THEN QUESTIONED THE DEFENDANT ABOUT THE MARIJUANA, TO WHICH HE ADVISED THAT HE HAD GOTTEN IT FOR FREE FROM SOME BLACK MALES AT HIS POLISH SHOP. I THEN ASKED THE defendant IF HE HAD A DRIVER'S LICENSE, TO WHICH HE STATED THAT HIS OHIO LICENSE WAS SUSPENDED AND HE DID NOT HAVE A FLORIDA DRIVER'S LICENSE. AN FCIC/NCIC SEARCH CONFIRMED THAT THE defendant'S LICENSE WAS SUSPENDED. PRIOR TO LEAVING THE SCENE, ADAM'S TOWING RESPONDED, AND A TOW SHEET WAS FILLED OUT. THE defendant WAS THEN TRANSPORTED TO citrus county detention facility FOR BOOKING AND PROCESSING, WHERE HIS BOND WAS SET AT $2,750.00 PER THE BOND SCHEDULE. THE MARIJUANA WAS PACKAGED AND WILL LATER BE TURNED IN TO THE citrus county sheriff's office EVIDENCE LOCKER. A COPY OF THE BILL OF SALE WAS MADE AND WILL BE TURNED IN TO EVIDENCE. THE TOW SHEET WILL BE TURNED IN TO RECORDS. THE defendant was issued CITATION NUMBER 0459-FIR FOR EXPIRED REGISTRATION, CITATION NUMBER 0456-FIR FOR DRIVING WHILE LICENSE SUSPENDED, AND WARNING NUMBER 224583B FOR INOPERABLE TAG LIGHT. *NOT-EXEMPT* |
