| Probable cause affidavit: |
SUBMITTED BY: NOCELLA, TIMOTHY 0724 (AR814) THE DEFENDANT, MR JOSEPH EDWARD FLINSPACH, DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). THE DEFENDANT, MR JOSEPH EDWARD FLINSPACH, DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS/HER 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). ON 041912 AT APPROXIMATELY 1911 HOURS, I RESPONDED TO THE INTERSECTION OF SOUTH SUNCOAST BOULEVARD AND WEST VILLAGE DRIVE, AS BACKUP FOR DEPUTY COX WHILE HE CONDUCTED A TRAFFIC STOP. UPON MY ARRIVAL, I MADE CONTACT WITH THE DEFENDANT, MR JOSEPH EDWARD FLINSPACH, WHO HAD BEEN DRIVING HIS BLUE, GMC PICKUP TRUCK BEARING FLORIDA LICENSE PLATE TAG 5372HF. THE DEFENDANT DID PROVIDE ME WITH HIS DRIVERâS LICENSE, AND UPON RUNNING HIM THROUGH FCIC/NCIC, IT CAME BACK AS INVALID. UPON ENTERING THE DEFENDANTâS DRIVERâS LICENSE INTO D.A.V.I.D., IT SHOWED THAT THE DEFENDANTâS DRIVERâS LICENSE HAD BEEN SUSPENDED ON 040212, AND THAT HE HAD BEEN NOTIFIED. I THEN RETURNED TO THE DEFENDANTâS VEHICLE AND ASKED HIM TO STEP OUT. I ADVISED HIM THAT HIS LICENSE WAS SUSPENDED, AND ASKED HIM IF HE WAS AWARE OF THIS. THE DEFENDANT ADVISED HE DID REMEMBER HAVING SEVERAL TICKETS THAT WERE UNPAID, BUT DENIED RECEIVING NOTICE OF HIS LICENSE HAVING BEEN SUSPENDED. AT THAT TIME, DEPUTY COX ASKED THE DEFENDANT, IF HE HAD ANYTHING ILLEGAL IN HIS VEHICLE, INCLUDING ILLEGAL DRUGS. THE DEFENDANT ADVISED THAT HE DID NOT. DEPUTY COX THEN DEPLOYED K9 PRIEST, WHO PERFORMED AN EXTERIOR SNIFF OF THE DEFENDANTâS VEHICLE. DEPUTY COX ADVISED ME THAT K9 PRIEST DID ALERT ON THE VEHICLE UPON DEPUTY COXâS SEARCH OF THE VEHICLE, HE DID LOCATE A SMALL CANNABIS CIGARETTE, ON THE DRIVERâS SIDE FLOORBOARD, RIGHT UNDER WHERE THE DEFENDANT HAD BEEN SITTING WHILE DRIVING. THE CANNABIS CIGARETTE WAS THEN FIELD TESTED, WHICH WAS MET WITH POSITIVE RESULTS FOR THE PRESENCE OF CANNABIS. THE CANNABIS CIGARETTE WAS THEN WEIGHED, AND WAS FOUND TO WEIGH 0.2 GRAMS. MR JOSEPH EDWARD FLINSPACH WAS THEN HANDCUFFED, DOUBLE LOCKED BEHIND HIS BACK, AND WAS PLACED UNDER ARREST FOR DRIVING WHILE LICENSE SUSPENDED, AND FOR POSSESSION OF LESS THAN TWENTY GRAMS OF CANNABIS. THE DEFENDANT WAS THEN PLACED IN THE REAR OF MY PATROL VEHICLE, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HE WAS TURNED OVER TO DETENTION FACILITY STAFF FOR BOOKING AND PROCESSING. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 6445GJX8, FOR DRIVING WHILE LICENSE SUSPENDED, WHICH HAD A MANDATORY COURT DATE OF 050312 AT 1300 HORUS. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 6446GJX9, FOR NO PROOF OF INSURANCE. THIS CITATION CARRIED A $116.00 FINE. DEFENDANTâS BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. THE DEFENDANTâS VEHICLE WAS LEFT ON SCENE TO BE RETRIEVED BY A FRIEND OF THE DEFENDANT. THE CANNABIS CIGARETTE WAS TURNED INTO EVIDENCE. AFFIANT HAD NO PRIOR KNOWLEDGE OF THIS CASE. |
