| Probable cause affidavit: |
SUBMITTED BY: FERGUSON, ADAM 0505 (AR08104965) 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); AND 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 TILT MALT BEVERAGE CAN WITH SEVERAL HOLES PUNCHED IN THE SIDE AND HAVING BURNT MARIJUANA RESIDUE INSIDE OF IT, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ON 083008 AT APPROXIMATELY 2303 HOURS, WHILE CONDUCTING ROUTINE TRAFFIC PATROL IN THE AREA OF NORTH CITRUS AVENUE AND NORTH TURKEY OAK DRIVE, I OBSERVED A SMALL, GRAY IN COLOR VEHICLE APPROACHING ME NORTHBOUND ON CITRUS AVENUE WITH ONLY ITS PARKING LIGHTS ACTIVATED. AS I TURNED AROUND ON THE VEHICLE, I WAS ABLE TO CATCH UP TO THE VEHICLE AND INITIATE A TRAFFIC STOP AT THE INTERSECTION OF WEST TALL PINES COURT AND NORTH CITRUS AVENUE. I APPROACHED THE PASSENGER SIDE OF THE DEFENDANT'S VEHICLE. UPON MAKING CONTACT, THE DEFENDANT PROVIDED ME WITH HIS DRIVER'S LICENSE AND REGISTRATION TO THE VEHICLE. WHILE HE WAS DOING THIS, I OBSERVED A TILT MALT BEVERAGE ALUMINUM CAN ON THE PASSENGER SEAT WITH SEVERAL HOLES PUNCHED INTO THE SIDE FORMING A MAKESHIFT BOWL WITH WHAT APPEARED TO BE BURNT RESIDUE INSIDE. I THEN OBSERVED A PLASTIC BAGGIE IN THE CENTER CONSOLE CUP HOLDER WITH WHAT APPEARED TO BE A GREEN LEAFY SUBSTANCE COMMONLY REFERRED TO AS MARIJUANA. THE DEFENDANT WAS ASKED TO EXIT HIS VEHICLE, AT WHICH TIME I DETAINED HIM. HE WAS HANDCUFFED (DOUBLE-LOCKED) BEHIND HIS BACK AND I SECURED HIM IN THE REAR SEAT OF MY PATROL VEHICLE. UPON THE ARRIVAL OF DEPUTY L CANFIELD, I RETRIEVED THE TWO ITEMS WHICH I HAD OBSERVED IN PLAIN VIEW. THE ALUMINUM CAN SMELLED OF BURNED MARIJUANA, AND INSIDE THE PLASTIC BAG WAS APPROXIMATELY ONE GRAM OF WHAT APPEARED TO BE MARIJUANA. A FURTHER SEARCH OF THE VEHICLE WAS CONDUCTED, WHICH MET WITH NEGATIVE RESULTS. THE DEFENDANT WAS READ MIRANDA VIA PREPRINTED CARD, AT WHICH TIME HE ADVISED THAT HE HAD LOANED THE VEHICLE TO HIS COUSIN AND THAT IT IS POSSIBLE THE MARIJUANA BELONGED TO HER. HE ADVISED THAT HE HAD SMOKED MARIJUANA IN THE PAST, THE LAST TIME BEING APPROXIMATELY THREE WEEKS AGO. DUE TO THE LOCATION OF THE PLASTIC BAGGIE AND THE PARAPHERNALIA, THE DEFENDANT WAS PLACED UNDER ARREST AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HE WAS CHARGED WITH ONE COUNT OF POSSESSION OF MARIJUANA UNDER 20 GRAMS AND ONE COUNT OF POSSESSION OF PARAPHERNALIA, BOND SET AT A TOTAL OF $1,000.00, PER THE BOND SCHEDULE. PRIOR TO LEAVING THE SCENE, DEPUTY CANFIELD ADVISED THAT THE DEFENDANT WANTED HIS VEHICLE TOWED, AT WHICH TIME HE FILLED OUT A TOW SHEET. THE VEHICLE WAS TOWED BY ADAM'S TOWING. THE TOW SHEET WILL BE TURNED IN TO RECORDS. ALL EVIDENCE COLLECTED WILL BE TURNED IN TO THE CITRUS COUNTY EVIDENCE LOCKER. *NOT-EXEMPT* |
