Probable cause affidavit: |
SUBMITTED BY: COLEMAN, BRIAN 0247 (AR08102119) did, having been convicted of a felony, unlawfully own or have in (A) care, custody, possession or control, a certain firearm, to-wit: A TWENTY-TWO CALIBER SEMIAUTOMATIC HANDGUN, in violation of Florida Statute 790.23(1)(A) AND DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A) 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: COCAINE SAID OBJECTS BEING COCAINE PIPES DIGITAL SCALE, STRAWS AND SMALL BAGGIES, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ON 031008 AT APPROXIMATELY 1654 HOURS, I OBSERVED A BONFIRE AT THE RESIDENCE LOCATED AT 452 NORTHEAST THIRTEENTH TERRACE IN CRYSTAL RIVER, AT WHICH TIME CONTACT WAS MADE WITH THE DEFENDANT, MR JOSEPH MALATT, AND ALSO WITH THE HOMEOWNER WHO IS THE DEFENDANT'S DAUGHTER. NUMEROUS CRYSTAL RIVER CITY CODE VIOLATIONS WERE OBSERVED AND A CRYSTAL RIVER CODE ENFORCEMENT OFFICER RESPONDED TO THE RESIDENCE TO ASSIST. PERMISSION TO ENTER A TRAILER WAS REQUESTED FROM BOTH THE DEFENDANT AND HIS DAUGHTER, TO WHICH PERMISSION WAS GIVEN. UPON ENTERING THE TRAILER, I OBSERVED THREE SMALL ZIPLOC BAGGIES WITH WHITE POWDER SUBSTANCE AND SMALL STRAWS WITH WHITE POWDER SUBSTANCE IN PLAIN VIEW. MIRANDA WAS READ VIA CARD TO THE DEFENDANT WHO STATED HE UNDERSTOOD AND WAIVED HIS RIGHTS. AT THAT TIME, THE DEFENDANT ADVISED IT WAS IN DEED COCAINE AND THAT HE HAD BEEN USING COCAINE FOR APPROXIMATELY THREE MONTHS. A FURTHER SEARCH OF THE TRAILER WAS REQUESTED TO INCLUDE DRAWERS AND A SMALL BAGGIE OF COCAINE WAS DISCOVERED. A DIGITAL SCALE WITH WHITE POWDER SUBSTANCE WAS DISCOVERED IN PLAIN VIEW. A ZIPPERED GUN CASE CONTAINING A TWENTY-TWO CALIBER SEMIAUTOMATIC HANDGUN WITH TWO MAGAZINES AND AMMUNITION WERE ALSO DISCOVERED. THE DEFENDANT ADVISED SOMEONE HAD LEFT THE GUN BUT THAT HE KNEW IT WAS AT THE LOCATION. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE, AT WHICH TIME THE DEFENDANT ALSO ADVISED, WITHOUT QUESTIONING, THAT HIS FINGERPRINTS WOULD BE ON THE BULLETS BECAUSE HE HAD UNLOADED IT BECAUSE HE DID NOT WANT A LOADED WEAPON IN THE TRAILER. WHEN ASKED IF HE WAS A CONVICTED FELON, THE DEFENDANT ADVISED HE WAS CONVICTED OF A COCAINE POSSESSION. FURTHER CONTACT WITH TELETYPE VERIFIED THAT THE DEFENDANT WAS CONVICTED GUILTY FOR A COCAINE POSSESSION OUT OF THE TAMPA POLICE DEPARTMENT ON 010704. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE BOND WAS SET AT A TOTAL OF $15,500.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |