Probable cause affidavit: |
SUBMITTED BY: POLLIARD, WILLIAM 1288 (AR14-9007) 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, IN VIOLATION OF FLORIDA STATE STATUTES 893.147(1). ON 020614 AT APPROXIMATELY 2235 HOURS, I ARRIVED TO THE AUTO ZONE, LOCATED AT 990 NORTHEAST 5TH STREET, CRYSTAL RIVER, IN REFERENCE TO SHOTS FIRED. UPON MY ARRIVAL, I OBSERVED A RED FORD F150 PICKUP TRUCK, BEARING FLORIDA LICENSE PLATE NUMBER LB6DP, IN THE FRONT PARKING LOT. AFTER APPROACHING THE VEHICLE, I MADE CONTACT WITH THE THREE OCCUPANTS INSIDE THE VEHICLE INCLUDING THE DEFENDANT, MR JOSEPH HATFIELD. THE DEFENDANT WAS IN THE DRIVERâS SEAT AND STATED THAT THE VEHICLE BELONGED TO HIM. I COULD NOT OBSERVE A FIREARM AND THE OCCUPANTS ADVISED THAT THERE WAS NO FIREARM IN THE VEHICLE. UPON REQUESTING TO SEARCH THE VEHICLE THE DEFENDANT STATED HE DID NOT WISH FOR ME TO SEARCH THE VEHICLE. AFTER DETERMINING THAT THERE WAS NOT ANYONE ON SCENE THAT REQUIRED EMERGENCY MEDICAL SERVICES, I BEGAN ASKING THE OCCUPANTS QUESTIONS REGARDING THE REASON FOR THEM BEING IN THE PARKING LOT OF A CLOSED BUSINESS. I ALSO ASKED THEM QUESTIONS REGARDING THE ACCUSATIONS OF SHOTS FIRED IN THE AREA, WHICH THEY ADVISED THAT THEY DID NOT HEAR OR PARTICIPATE IN ANY ACTIVITIES INVOLVING FIREARMS. THE OCCUPANTS ADVISED THAT THEY WERE PICKING UP A FRIEND (JUSTIN). THE DEFENDANT STATED HE HAD SPOKEN WITH JUSTIN ON 020614 AT APPROXIMATELY 1500 HOURS AND TOLD JUSTIN HE WOULD PICK HIM UP AT THE INCIDENT LOCATION AFTER HE GOT OFF OF WORK. HE WAS THEN GOING TO TRANSPORT JUSTIN TO SPRINGHILL. WHEN I REQUESTED TO MAKE CONTACT WITH JUSTIN, THE DEFENDANT STATED HE DID NOT KNOW HIS TELEPHONE NUMBER OR ANY FURTHER INFORMATION ABOUT JUSTIN. THE DEFENDANT APPEARED NERVOUS AND WAS NOT MAKING MUCH SENSE. THE COMPLAINANTS TELEPHONE NUMBER WAS âPINGEDâ IN REFERENCE TO THE SHOTS FIRED. DEPUTY D ALEXANDER (0561) MADE CONTACT WITH THE OWNER OF THE âPINGEDâ CELLULAR TELEPHONE, IDENTIFIED AS MR PATRICH ATATLY, AT 838 NORTHEAST 1ST STREET, WHO ADVISED THAT HIS FRIEND HAD BEEN PLAYING WITH HIS CELLULAR TELEPHONE AND NO SHOTS HAD BEEN FIRED. DURING THIS TIME, DEPUTY INDORATO (0712) ARRIVED ON SCENE. AND SHORTLY AFTER HE ADVISED ME THAT HIS K-9 HAD ALERTED TO THE PRESENCE OF A CONTROLLED SUBSTANCE IN THE VEHICLE. AT THIS TIME A HAND SEARCH WAS CONDUCTED OF THE VEHICLE AND DEPUTY INDORATO ADVISED ME HE DISCOVERED A RECTANGULAR PLASTIC FLIP STYLE CASE DIRECTLY UNDER THE DEFENDANTâS DRIVER SEAT. THE CASE CONTAINED TWO GLASS CYLINDER SHAPED PIPES CONGAING CHAR BOY AT ONE END, WHICH IS COMMONLY USED IN THE SMOKING OF CRACK COCAINE. THE PIPES APPEARED TO HAVE BLACK RESIDUE AT EACH END, SIMILAR TO THAT OF THE PIPES HAVING BEEN PLACED ON HIGH HEAT. THE RECTANGULAR CASE ALSO CONTAINED TWO PLASTIC CYLINDERS ONE OF THEM APPEARED EMPTY, THE OTHER CONTAINED AN UNIDENTIFIED SUBSTANCE. DEPUTY INDORATO ALSO DISCOVERED A RECTANGULAR PLASTIC CONTAINER CONTAINING AN UNIDENTIFIED LEAF LIKE SUBSTANCE LOCATED INSIDE OF A SHOE BEHIND THE DRIVERâS SEAT. THE LEAF LIKE SUBSTANCE WAS FIELD TESTED, WHICH DID NOT TEST POSITIVE FOR CANNABIS. WHILE SEARCHING THE VEHICLE, I DISCOVERED A WOODEN PIPE SIMILAR TO THAT COMMONLY USED IN THE SMOKING OF CANNABIS WITH A PLASTIC CELLOPHANE BAG STUFFED INTO IT. WITHIN THE PLASTIC CELLOPHANE BAG WAS A GREEN LEAFY SUBSTANCE THAT THROUGH MY TRAINING, I IDENTIFIED AS CANNABIS. THE GREEN LEAFY SUBSTANCE WAS FIELD TESTED AND TESTED POSITIVE FOR CANNABIS. THE DEFENDANT WAS PLACED UNDER ARREST FOR ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA PER FLORIDA'S STATE STATUTE 893.147(1) AT APPROXIMATELY 2348 HOURS. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) IN THE BACK AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. AT THIS TIME, THE DEFENDANT WAS READ HIS MIRANDA RIGHTS PER AGENCY ISSUED CARD. HE STATED HE UNDERSTOOD ALL OF HIS RIGHTS. WHEN QUESTIONED ABOUT THE PROPERTY FOUND WITHIN HIS VEHICLE THE DEFENDANT ANSWERED âI DONâT KNOWâ, AND WOULD NOT ADVISE ANY FURTHER INFORMATION. THE DEFENDANT REQUESTED THAT HIS FRIEND, WHO WAS INITIALLY AN OCCUPANT IN THE VEHICLE MR NIKOLAS JOHNSON, TRANSPORT HIS VEHICLE FROM INCIDENT LOCATION. MR JOHNSON SUBSEQUENTLY TRANSPORTED HIMSELF AND THE OTHER ORIGINAL OCCUPANT, MR JORGE CAMBERO, FROM THE SCENE IN THE DEFENDANT VEHICLE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE IS BEING HELD ON ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA. THE DEFENDANT'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. FIELD INTERVIEW REPORTS WERE TAKEN FROM THE OTHER TWO OCCUPANTS (MR CAMBERO AND MR JOHNSON). THE PARAPHERNALIA WILL BE TURNED OVER TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. THE WOODEN PIPE AND CANNABIS WILL BE TURNED OVER TO EVIDENCE FOR DESTRUCTION. I TOOK NO FURTHER ACTION AT THIS TIME. |