| Probable cause affidavit: |
SUBMITTED BY: SLINGERLAND, DANIEL 0443 (AR13-4784) 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); 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: GRINDER, CUP WITH SCALE, AND ROLLING PAPERS, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1). ON 030913, AT APPROXIMATELY 2334 HOURS, I WAS CONDUCTING STATIONERY RADAR TRAFFIC ENFORCEMENT ON SOUTH OLD FLORAL CITY ROAD NEAR FORT COOPER PARK. I OBSERVED A VEHICLE TRAVELLING NORTH ON OLD FLORAL CITY ROAD. I ESTIMATED THE VEHICLE TO BE EXCEEDING THE POSTED 35 MILES PER HOUR (MPH) SPEED LIMIT. AT THAT TIME, I ACTIVATED MY AGENCY ISSUED GENESIS RADAR WHICH INDICATED A CLEAR AUDIO DOPPLER TONE AND INDICATED the VEHICLEâS SPEED TO BE 46 MPH. AS THE VEHICLE DROVE PAST MY LOCATION, I ALSO OBSERVED THE VEHICLEâS TAG LIGHT TO BE NON OPERATIONAL. I THEN PULLED OUT BEHIND the VEHICLE and INITIATED A TRAFFIC STOP AT OLD FLORAL CITY and CARNEGIE DRIVE. UPON MAKING CONTACT WITH THE DRIVER, I REQUESTED HIS DRIVERâS LICENSE AND HIS VEHICLE REGISTRATION. THE DRIVER THEN PROVIDED ME with HIS DRIVERâS LICENSE AND BEGAN SEARCHING THROUGH THE CENTER CONSOLE LOOKING FOR HIS REGISTRATION. I NOTICED WHILE THE DRIVER WAS LOOKING THROUGH HIS CENTER CONSOLE THAT HE HAD REMOVED THE VEHICLE KEY FROM the IGNITION AND PLACED IT ON THE SEAT NEXT TO HIS RIGHT LEG. I THEN DETECTED AN ODOR THAT THROUGH MY TRAINING AND EXPERIENCE I RECOGNIZED AS CANNABIS. AS I CONTINUED TO OBSERVE THE DRIVER, I NOTICED A GREEN LEAFY SUBSTANCE ON HIS SHIRT AND SHORTS. THE DRIVER STATED HE COULD NOT LOCATE HIS VEHICLE REGISTRATION. I THEN ASKED THE DRIVER TO EXIT HIS VEHICLE. AS THE DRIVER EXITED I COULD CLEARLY SEE CANNABIS RESIDUE ON HIS SHORTS. AS I BEGAN SPEAKING TO the DRIVER I EXPLAINED TO HIM THAT I HAD DETECTED THE ODOR AND OBSERVED the CANNABIS RESIDUE. AT THAT TIME, HE ADVISED HE HAD BEEN IN POSSESSION OF CANNABIS BUT HAD THROWN IT OUT THE WINDOW. HAVING DETECTED THE ODOR OF MARIJUANA AND THE PRESENCE OF THE MARIJUANA RESIDUE I HAD PROBABLE CAUSE TO CONDUCT A SEARCH OF THE DRIVERâS VEHICLE. I THEN RETURNED TO the DRIVERâS SIDE OF THE VEHICLE WHERE I OBSERVED THE DRIVERâS DOOR HAD BEEN LEFT OPEN. I OBSERVED THE THREE PIECES OF MARIJUANA CIGARETTES LYING IN PLAIN VIEW ON THE FLOORBOARD OF THE DRIVERâS COMPARTMENT. I AGAIN MADE CONTACT WITH THE DRIVER, WHO SAID THAT HE HAD INDEED HAD THREE MARIJUANA PIECES, ALSO KNOWN AS âROACHESâ LYING ON THE FLOORBOARD OF HIS VEHICLE. I THEN MADE CONTACT WITH THE PASSENGER LATER IDENTIFIED AS THE DEFENDANT MR JOSE DAVID MAYOL. I REQUESTED THE DEFENDANT TO EXIT THE VEHICLE AND STEP TO THE FRONT OF MY PATROL CAR. I ASKED THE DEFENDANT AS HE EXITED the VEHICLE IF HE WAS IN POSSESSION OF ANY ILLEGAL SUBSTANCES, SUCH AS GUNS, KNIVES OR ILLEGAL NARCOTICS, TO WHICH THE DEFENDANT STATED âNO.â I COULD OBSERVE ON the DEFENDANT PIECES OF A GREEN LEAFY SUBSTANCE THAT I SUSPECTED WAS MORE CANNABIS. I THEN BEGAN A SEARCH OF THE DRIVERâS COMPARTMENT. IN the DRIVERâS DOOR I RECOVERED A SMALL METAL PIPE KNOWN AS A âONE HIT PIPEâ USED FOR SMOKING CANNABIS. I ALSO OBSERVED SMALL PIECES OF CANNABIS IN the DRIVERâS DOOR AND IN THE CARPETING OF THE DRIVERâS FLOORBOARD. I ALSO OBSERVED SEVERAL PIECES OF CANNABIS in the ASHTRAY in the CENTER CONSOLE. DEPUTY ELDRIDGE BEGAN ASSISTING ME BY SEARCHING the PASSENGERâS COMPARTMENT. HE STATED THAT HE WAS OBSERVING SIMILAR SMALL PIECES OF CANNABIS THROUGHOUT THE PASSENGERâS COMPARTMENT. I OBSERVED DEPUTY ELDRIDGE PICK UP THE VEHICLE KEYS WHICH WERE NOW LOCATED in the PASSENGERâS SEAT. DEPUTY ELDRIDGE UNLOCKED THE GLOVE BOX. UPON OPENING THE GLOVE BOX, DEPUTY ELDRIDGE AND I OBSERVED A CLEAR PLASTIC BAG CONTAINING A LARGE AMOUNT OF CANNABIS. THE CANNABIS WAS LATER WEIGHED AT APPROXIMATELY 18.4 GRAMS. ALONG SIDE THE CANNABIS I OBSERVED SILVER IN COLOR CYLINDER KNOWN AS A GRINDER. INSIDE THE GRINDER WERE SMALL PIECES OF CANNABIS. AT THAT TIME, I MADE CONTACT WITH THE DEFENDANT AND ADVISED HIM HE WAS BEING PLACED UNDER ARREST. THE DEFENDANT immediately REQUESTED TO SPEAK WITH AN ATTORNEY. A FURTHER SEARCH OF the VEHICLE REVEALED A SMALL BACK PACK LOCATED BEHIND the FRONT PASSENGERâS SEAT. INSIDE THE BACK PACK WAS AN ORANGE CUP WHICH HELD A SMALL BLACK DIGITAL SCALE. THE SCALE AND CUP BOTH HAD CANNABIS RESIDUE ON THEM. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK and WAS PLACED IN THE BACK SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS ADVISED OF HIS MIRANDA RIGHTS VIA PREPARED CARD. HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS, HOWEVER HE REFUSED TO ANSWER WHEN I ASKED HIM IF HE WOULD SPEAK TO ME. THE DRIVER WAS ADVISED OF HIS MIRANDA RIGHTS VIA PREPARED CARD. IN A POST MIRANDA INTERVIEW WITH the DRIVER HE STATED THAT THE CANNABIS LOCATED in the GLOVE BOX BELONGED TO THE DEFENDANT AND THAT the SMALL AMOUNT OF MARIJUANA THAT HE WAS FOUND IN POSSESSION OF HE HAD PURCHASED FROM THE DEFENDANT. the DRIVER WAS ISSUED A MISDEMEANOR NOTICE TO APPEAR AND WAS RELEASED FROM THE SCENE. ALL CONTRABAND WAS COLLECTED and PLACED INTO EVIDENCE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING. HE WAS CHARGED WITH ONE COUNT OF POSSESSION OF MARIJUANA UNDER 20 GRAMS AND ON COUNT OF POSSESSION OF DRUG PARAPHERNALIA. HIS TOTAL BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. |
