| Probable cause affidavit: |
SUBMITTED BY: BLAIR, EDWARD 0469 (AR12-688) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS OVER 20 GRAMS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN HIS 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: ONE GLASS SMOKING PIPE WITH RESIDUE AND ONE DIGITAL SCALE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). On 4/10/12 at approximately 1807 hours this Detective and Deputy Neal were conducting traffic enforcement in Floral City utilizing an unmarked agency vehicle equipped with lights and sirens. While traveling south on South Trails End Road this Detective observed a white four door Oldsmobile bearing Florida tag ABEV82 that had a decal that expired on 4/8/12. This Detective initiated a traffic stop in the area of South Trails End Road and South Kanga Way and made contact with the Driver/Defendant one, Thomas Hutchins, and the Front Seat Passenger/Defendant two, John Spaulding. The Driver was advised of the reason for the traffic stop and he acknowledged that the tag on the vehicle was expired. After the traffic stop was completed, both Defendants were given their identifications back and the Driver was given a verbal warning for the expired decal. This Detective then asked if there was anything illegal in the vehicle including drugs, weapons, or paraphernalia, to which Defendant Hutchins advised that there was not. This Detective then asked Defendant Hutchins for permission to search for drugs and he said âgo aheadâ and motioned toward the car. This Detective asked the Driver if he had anything in his pockets to which he advised that he had a scale for weighing gold. He provided a receipt for a gold transaction, but upon further investigation this Detective observed a trace amount of green leafy substance consistent with cannabis on the scale. Defendant Hutchins admitted that he had previously used the scale to weigh cannabis. Deputy Neal and this Detective conducted a search of the interior of the vehicle, which yielded no items of paraphernalia. This Defendant then asked Defendant Hutchins how to open to trunk to which he replied âthereâs a button.â As Defendant Hutchins stood by, this Detective searched the interior of the trunk compartment, during which this Detective located a small metal canister. The contents of the container included multiple glass pipes with cannabis residue, one metal and plastic pipe with reside, several small Ziploc baggies and a Ziploc bag of cannabis seeds and stems. A further search of the trunk revealed a âMagicâ playing card box which contained approximately 28.5 grams of cannabis in a plastic baggie, a black digital scale, and a glass pipe with cannabis in the âbowlâ. All occupants of the vehicle were read their Miranda warnings via preprinted agency card, to which all occupants advised that they understood their rights and would speak with this Detective. Defendant Hutchins admitted ownership of the canister contained the paraphernalia and cannabis seeds and stems by admitting to Deputy Neal he was told by his mother to remove the items from her house. Deputy Neal clarified the statement of Defendant Hutchins. Defendant Hutchins admitted the items were his which he had removed from his motherâs house. When the occupants were asked who owns the Magic Card Box and Cannabis, of the occupant wished to admit possession. This Detective advised the occupants latent finger prints could be lifted from several items within the box. At that time, Defendant Hutchins looked at Defendant Spalding and stated, âDonât do this to be John John.â At that time, Defendant Spalding admitted ownership of the box and the cannabis within. Deputy Neal interviewed Defendant Hutchins who stated the cannabis was in fact Defendant Spaldingâs. Both Defendants were advised they would be placed under arrest and transported to the Citrus County Detention Facility where there Bond would be placed at âRelease on their own Recognizanceâ base on their cooperation. |
