| Probable cause affidavit: |
SUBMITTED BY: PHILLIPS, CASEY 0482 (AR080101852) DID KNOWINGLY, WHILE HIS OPERATOR'S OR CHAUFFEUR'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE UPON THE HIGHWAYS OF THIS STATE, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). AND DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY PHILLIPS, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 022208 AT 2211 HOURS THIS DEPUTY WAS CONDUCTING MOVING RADAR ALONG HIGHWAY 41 NORTH COMING INTO THE CITY OF INVERNESS WHEN I OBSERVED A VEHICLE TRAVELLING AT A HIGH RATE OF SPEED. I VISUALLY ESTIMATED THE VEHICLE'S SPEED AT 57 MILES PER HOUR. THIS DEPUTY'S RADAR DOPPLER AS WELL AS HIS DISPLAY CONFIRMED THE VEHICLE TRAVELLING NORTHBOUND AT 60 MILES PER HOUR IN A 35 MILES PER HOUR. AT THAT TIME THIS DEPUTY TURNED HIS PATROL VEHICLE AROUND AND CONDUCTED A TRAFFIC STOP JUST NORTH OF HIGHWAY 41 NORTH AND MIMOSA ON A RED TWO DOOR CAMARO WITH LICENSE PLATE NUMBER GXS7I. UPON APPROACHING THE VEHICLE, A WHITE MALE WAS OBSERVED BEHIND THE WHEEL. THIS DEPUTY IDENTIFIED HIMSELF AND ASKED TO SEE THE DRIVER'S LICENSE AND REGISTRATION. THE DRIVER PROVIDED THIS DEPUTY WITH A SOUTH CAROLINA IDENTIFICATION CARD. AT THAT TIME, THIS DEPUTY ASKED THE defendant IF HE HAD A VALID DRIVER'S LICENSE, AT WHICH TIME HE STATED NO. THIS DEPUTY THEN NOTICED A COLD SEALED BOTTLE OF BEER ON THE PASSENGER SEAT, WHICH THIS DEPUTY ASKED THE defendant FOR AND WAS THEN PLACED ON THE ROOF OF THE VEHICLE. WHEN ASKED IF THERE WERE ANY OTHER ALCOHOLIC BEVERAGES PRESENT IN THE VEHICLE, THE defendant REACHED INTO the FLOORBOARD OF PASSENGER SIDE AND RETURNED AN OPEN BOTTLE OF BEER, WHICH WAS ALSO PLACED ON THE ROOF OF THE VEHICLE. DUE TO THE defendant NOT HAVING A VALID DRIVER'S LICENSE AND HAVING AN OPEN CONTAINER, THIS DEPUTY ASKED the defendant TO TURN HIS VEHICLE OFF AND PLACE HIS KEYS ON THE DASHBOARD. I THEN ASKED the defendant TO EXIT THE VEHICLE AND STAND AT THE REAR OF HIS VEHICLE. WHILE STANDING AT THE REAR OF HIS VEHICLE, THE defendant WAS ASKED IF HE HAD ANY WEAPONS ON HIS PERSON, THE defendant STATED NO. THIS DEPUTY CONDUCTED A QUICK PAT-DOWN OF THE defendant'S POCKETS TO CONFIRM HE HAD NO WEAPONS PRESENT. THIS DEPUTY ASKED THE defendant TO REST AGAINST THE REAR OF HIS VEHICLE FACING MY VEHICLE, TO WHICH HE COMPLIED. THIS DEPUTY RESPONDED TO HIS PATROL VEHICLE TO CONFIRM THE SUSPENDED DRIVER'S LICENSE AND VERIFY DRIVER INFORMATION. JUST AFTER THIS DEPUTY SAT DOWN, THE defendant RAN WEST ACROSS HIGHWAY 41 NORTH THROUGH THE LAPUMA AUTO SALES LOT. THIS DEPUTY CHASED THE defendant INTO THE EMPTY LOT AND, AFTER A SHORT FOOT PURSUIT, THIS DEPUTY MADE CONTACT WITH THE defendant AT WHICH TIME HE WAS ESCORTED TO THE GROUND WHERE HE WAS SECURED, HANDCUFFED, DOUBLE-LOCKED BEHIND HIS BACK. THE defendant WAS THEN ESCORTED BACK TO THIS DEPUTY'S PATROL VEHICLE, WHERE HE WAS SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. IT WAS CONFIRMED AT THAT TIME THAT THE defendant DID IN FACT HAVE A SUSPENDED DRIVER'S LICENSE OUT OF SOUTH CAROLINA. STARTING IN 2002, THERE WERE ELEVEN PREVIOUS SUSPENSIONS, THE LATEST BEING 011707. WHEN I ASKED THE defendant WHY HE RAN, HE STATED DUE TO A WARRANT. TELETYPE CONFIRMED THE AGENCY WOULD NOT EXTRADITE REFERENCE THE WARRANT FROM FLORIDA. DEPUTY FIELDS REMAINED ON SCENE, WHERE HOLMANS TOWING SERVICE TOWED THE defendant'S VEHICLE. THE defendant WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS TURNED OVER TO FACILITY STAFF. THE defendant WAS CHARGED FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED, CITATION NUMBER 8267-FGW WITH A COURT DATE OF 031308 AT 1300 HOURS; AND ISSUED CITATION NUMBER 8265-FGW FOR TRAVELLING 60 MILES PER HOUR IN 35 MILES PER HOUR ZONE, IN VIOLATION OF FLORIDA STATUTE 316.183(2), WITH A FINE OF $213.50. CITATION NUMBER 8266-FGW WAS ISSUED TO THE defendant FOR POSSESSION OF AN OPEN CONTAINER BY DRIVER, VIOLATION OF FLORIDA STATUTE 316.1936(2) WITH A FINE OF $123.50. THE defendant WAS ALSO CHARGED FOR RESISTING A DEPUTY WITHOUT VIOLENCE. THE defendant'S BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
