| Probable cause affidavit: |
submitted by: AGUILERA, EMANUEL 1238 (16-90435) (AR16-20111) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: 1.5 GRAMS OF COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: 1.1 GRAMS OF HEROIN, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). ON 070216, AT APPROXIMATELY 1759 HOURS, THIS DEPUTY WAS TRAVELING NORTHBOUND ON SOUTH IROQUOIS AVENUE WHEN I OBSERVED A SILVER IN COLOR TWO DOOR VEHICLE TRAVELING SOUTHBOUND ON SOUTH IROQUOIS TRAVELING DIRECTLY AT THIS DEPUTY, WHERE I OBSERVED THE DRIVER/DEFENDANT, MR JOHN STEELE, NOT TO BE WEARING HIS SEAT BELT. I THEN CONDUCTED A U-TURN AND GOT BEHIND SAID VEHICLE ON SOUTH IROQUOIS AVENUE, BEARING FLORIDA LICENSE PLATE 164GS, ACTIVATED MY OVERHEAD EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP ON SAID VEHICLE IN THE AREA OF 1683 SOUTH IROQUOIS AVENUE. UPON MAKING CONTACT WITH THE DRIVER/DEFENDANT, MR JOHN STEELE I ASKED FOR HIS DRIVER'S LICENSE, REGISTRATION, PROOF OF INSURANCE AT WHICH TIME HE PROVIDED ALL REQUESTED DOCUMENTS TO THIS DEPUTY AND I ADVISED HIM OF THE TRAFFIC STOP TO WHICH HE AGREED. UPON SPEAKING WITH THE DEFENDANT I OBSERVED HIM TO BE SWEATING PROFUSELY, EXTREMELY NERVOUS AND FIDGETY. I THEN ASKED MR STEELE IF HE HAD ANYTHING ILLEGAL IN THE VEHICLE AND IF HE WOULD CONSENT TO A SEARCH, TO WHICH HE AGREED TO A SEARCH OF HIS VEHICLE. AT WHICH TIME I THEN ASKED THE DEFENDANT TO STEP OUT AND STAND AT THE FRONT OF MY PATROL VEHICLE. AS I WAS RUNNING THE DEFENDANT OVER TELETYPE, DEPUTY LABORDA (0735) AND DEPUTY HRYC (0701) ARRIVED ON SCENE. TELETYPE ADVISED THIS DEPUTY THAT THE DRIVER HAD A VALID DRIVER'S LICENSE AND A NEGATIVE FOR WANTS AND WARRANTS. WHILE I WAS SPEAKING WITH THE DEFENDANT A the FRONT OF MY VEHICLE HE ADVISED THIS DEPUTY THAT HE DID NOT WANT TO GET INTO TROUBLE BUT THAT HE HAD A SMALL AMOUNT OF COCAINE AND A SMALL AMOUNT OF HEROIN IN HIS FRONT LEFT POCKET. DEPUTY LABORDA ASKED THE DEFENDANT IF HE COULD PAT HIM DOWN, SEARCH HIM AND RETRIEVE SAID ITEMS, WHERE THE DEFENDANT AGREED. DEPUTY LABORDA RETRIEVED TWO separate CLEAR PLASTIC BAGGIES OUT OF THE DEFENDANT 'S FRONT LEFT POCKET. ONE OF THE BAGGIES CONTAINED A WHITE POWDERY SUBSTANCE AND THE OTHER CONTAINED A TAN POWDERY SUBSTANCE. DEPUTY LABORDA LATER FIELD TESTED THE SUBSTANCES, WHICH ONE TESTED POSITIVE FOR COCAINE AND THE OTHER TESTED POSITIVE FOR HEROINE. I THEN READ THE DEFENDANT HIS MIRANDA RIGHTS VIA PRE-PRINTED CARD AND ASKED HIM IF HE AGREED TO SPEAK WITH ME, WHICH HE DID. AS I WAS SPEAKING WITH THE DEFENDANT, DEPUTY HRYC DEPLOYED HIS K-9 PARTNER FOR AN EXTERIOR SNIFF OF THE VEHICLE WHERE DEPUTY HRYC ADVISED THAT HIS K-9 PARTNER DID ALERT ON THE VEHICLE. WHILE I WAS SPEAKING WITH THE DEFENDANT REGARDING THE NARCOTICS LOCATED ON HIS PERSON, I ASKED HOW MUCH COCAINE WAS THERE, HE STATED ABOUT $60.00 WORTH, AND ABOUT $60.00 WORTH OF HEROINE AS WELL. I ASKED HIM IF HE SOLD IT OR IF IT WAS FOR PERSONAL USE, AND HE ADVISED IT WAS FOR PERSONAL USE AND THAT HE DID NOT SELL DRUGS. AT THAT TIME I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST, FOR TWO separate COUNTS OF POSSESSION OF CONTROLLED SUBSTANCE, ONE COUNT FOR BEING POSSESSION OF HEROINE, THE SECOND COUNT FOR POSSESSION OF THE COCAINE. AT THAT TIME THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE. DEPUTY HRYC WEIGHED THE COCAINE WHICH WEIGHED 1.5 GRAMS AND THE HEROINE WAS WEIGHED WITH A WEIGHT OF 1.1 GRAMS. AT THAT TIME THE DEFENDANT WAS TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT WAS ISSUED A WRITTEN WARNING NUMBER 385264B, FOR THE SEAT BELT VIOLATION. THE DEFENDANT BOND WAS SET AT $2,000.00 FOR EACH COUNT OF POSSESSION OF CONTROLLED SUBSTANCE, WITH A TOTAL BOND OF $4,000.00 PER THE BOND SCHEDULE. THE ILLEGAL NARCOTICS WERE PACKAGED AND TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. THE DEFENDANT'S VEHICLE WAS TOWED BY DAVE'S BODY SHOP. NO FURTHER ACTION BY THIS DEPUTY AT THIS TIME. |
