| Probable cause affidavit: |
SUBMITTED BY: MARSHALL, AIDEN 0453 (AR10113880) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: THE DEFENDANT HAD IN HIS POSSESSION CANNABIS WHICH WAS PACKAGED IN FIVE SEPARATE BUGGIES WITH THE INTENT TO SALE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(1)(A)(2). ON 01910, AT APPROXIMATELY 2245 HOURS, I WAS TRAVELING WESTBOUND ON WEST GROVER CLEVELAND BOULEVARD WHEN I OBSERVED A GMC UKON BEARING FLORIDA TAG, N501FW, ATTEMPTING TO MAKE A LEFT HAND TURN INTO WALGREEN'S. THE VEHICLE THEN TURNED OFF THEIR TURN SIGNAL AND PROCEEDED TO MAKE A RIGHT HAND TURN ACROSS TWO LANES OF TRAFFIC IN FRONT OF MY VEHICLE. AT THAT TIME, THE VEHICLE BEGAN TRAVELLING NORTHBOUND ON HIGHWAY 19. THE VEHICLE ACCELERATED TO APPROXIMATELY 60 MILES PER HOUR IN A POSTED 45 MILE PER HOUR ZONE. I MAINTAINED A STEADY SPEED BEHIND THE VEHICLE FOR APPROXIMATELY ONE HALF OF A MILE, AND OBSERVED IT TO BE WEAVING WITHIN ITS LANE. I THEN ACTIVATED MY EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP ON THE GMC UPON NEAR THE INTERSECTION OF HIGHWAY 19 AND WEST IVY PLACE IN HOMOSASSA. UPON MAKING CONTACT WITH THE DRIVER, HE IDENTIFIED HIMSELF BY HIS NEW YORK DRIVER'S LICENSE AS MR MARK RAMOS. AT that TIME, I ADVISED MR RAMOS OF THE REASON FOR THE TRAFFIC STOP TO WHICH HE STATED THAT HE HAD BEEN FOLLOWING ANOTHER VEHICLE WHICH HAD TURNED OFF, AND THAT HE WAS FROM OUT OF TOWN TRAVELING WITH SOME FRIEND'S TO COLONIAL FROGS BAR. AT THAT TIME, CANINE DEPUTY TACKETT ARRIVED ON SCENE, AS WELL AS DEPUTIES JOHNSON AND CASEY PHILLIPS. I ASKED MR RAMOS IF HE MINDED IF DEPUTY TACKETT DEPLOYED HIS CANINE AROUND THE VEHICLE, TO WHICH HE STATED that HE HAD NO PROBLEM WITH THE USE OF THE CANINE. DEPUTY TACKETT DEPLOYED CANINE PRIEST TO CONDUCT AN EXTERIOR SNIFF OF MR RAMOS'S VEHICLE, AT WHICH TIME CANINE PRIEST ALERTED TO THE REAR PASSENGER QUARTER PANEL OF MR RAMOS'S. THE VEHICLE CONTAINED A FRONT SEAT PASSENGER, A MR NICK MCCLOUD, AND THREE REAR SEAT PASSENGERS, ONE NAMED MR BRANDON ROCKWELL; THE SECOND NAMED MS CHRISTINA DOANE, AND THE THIRD BEING A MR JOSEPH MILLER. ALL PASSENGERS CONSENTED TO A PAT DOWN, AND WERE PATTED DOWN FOR ANY WEAPONS OR CONTRABAND. THIS RESULTED IN NEGATIVE RESULTS. WHILE SEARCHING THE INTERIOR OF THE VEHICLE, DEPUTY TACKETT FOUND FIVE INDIVIDUALLY WRAPPED BAGGIES OF CANNABIS UNDERNEATH THE PASSENGER BENCH SEAT. IMMEDIATELY ALL SUBJECTS WERE SEPARATED. I FIRST SPOKE TO THE DRIVER, MR RAMOS, WHO ADVISED THAT THE CANNABIS BELONGED TO MR MILLER and THAT DURING THE TRAFFIC STOP MR MILLER HAD ADVISED THE OTHER PASSENGERS THAT HE HAD CANNABIS ON HIS PERSON and WAS ASKING THE OTHER PASSENGERS WHAT HE SHOULD DO. I NEXT SPOKE TO MR MCCLOUD WHO CORROBORATED MR RAMOS'S STATEMENT, STATING THAT MR MILLER WAS IN FACT IN POSSESSION OF CANNABIS AND WAS ATTEMPTING TO PUT IT IN HIS PANTS DURING THE TRAFFIC STOP. I NEXT SPOKE TO MR ROCKWELL, WHO PRIOR TO SPEAKING WITH THIS DEPUTY, LOOKED AT MR MILLER AND MADE A SPONTANEOUS STATEMENT OF "JOEY, TELL THEM THE TRUTH, YOU KNOW IT'S YOURS". MR ROCKWELL CORROBORATED THE statements OF BOTH MR RAMOS AND MR MCCLOUD. AND UPON SPEAKING TO MS DOAN, SHE ALSO CORROBORATED ALL OF THE OTHER WITNESSES STATEMENTS. IT SHOULD BE NOTED THAT ALL OF THE WITNESSES ACCOUNTS MATCHED EXACTLY AND EACH ACCOUNT PLACED MR MILLER IN POSSESSION OF THE CANNABIS. AT NO TIME DID THE INDIVIDUALS HAVE AN OPPORTUNITY TO CORROBORATE THEIR STATEMENTS PRIOR TO SPEAKING WITH ME. I NEXT SPOKE TO MR MILLER, WHO WAS THEN READ HIS MIRANDA RIGHTS BY PRE PRINTED AGENCY CARD. HE ADVISED THAT HE UNDERSTOOD AND WISHED TO SPEAK WITH ME. I GAVE MR MILLER SEVERAL OPPORTUNITIES TO GIVE HIS ACCOUNT OF THE SEQUENCE OF EVENTS THAT HAD TAKEN PLACE AT THE TRAFFIC STOP, TO WHICH HE BECAME BOTH DECEPTIVE AND DEFENSIVE, AND CONTINUALLY REPEATED, "IT'S NOT MY WEED". IT SHOULD ALSO BE NOTED THAT WHILE SPEAKING TO THE DEFENDANT, MR MILLER, I DETECTED A MODERATE ODOR OF CANNABIS EMITTING FROM HIS PERSON, AND HIS EYES APPEARED TO BE GLASSY AND BLOODSHOT, WHICH IS CONSISTENT WITH BEING UNDER THE INFLUENCE OF A NARCOTIC. DUE TO MY TRAINING AND EXPERIENCE, THE WAY THAT THE CANNABIS WAS PACKAGED IN FIVE INDIVIDUAL BAGGIES INDICATED THAT MR MILLER HAD THE INTENT TO SELL THE CANNABIS, AND THAT IT WAS NOT FOR PERSONAL USE. ALSO, MR MILLER HAD BEEN TRAVELING TO A BAR WHICH IS COMMONLY KNOWN AS AN ATMOSPHERE WHERE NARCOTIC TRANSACTIONS OFTEN TAKE PLACE. MR MILLER WAS OFFERED AN OPPORTUNITY TO STATE WHETHER OR NOT THE CANNABIS WAS FOR PERSONAL USE, TO WHICH HE CONTINUED TO DENY POSSESSION OF THE CANNABIS. ALL PASSENGERS WITHIN THE VEHICLE COMPLETED SWORN WRITTEN statementS WHICH WERE LATER TURNED INTO THE CITRUS COUNTY SHERIFF'S OFFICE RECORDS division. THE CANNABIS WAS FIELD TESTED AS POSITIVE, PACKAGED AND LATER TURNED INTO THE CITRUS COUNTY EVIDENCE DIVISION. MR MILLER WAS THEN PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HIS BOND WAS SET AT $3,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
