| Probable cause affidavit: |
SUBMITTED BY: CLARK, CORRY 0711 (AR13-7122) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: 19.6 GRAMS TOTAL PACKAGE WEIGHT OF 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: A PLASTIC CONTAINER, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY CLARK, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: RAN FROM DEPUTY CLARK WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 090113, AT APPROXIMATELY 0110 HOURS, I WAS CONDUCTING ROUTINE PATROL IN THE AREA OF INVERNESS. I WAS TRAVELING EASTBOUND ON WEST MAIN STREET APPROACHING SOUTH PINE AVENUE, AT WHICH TIME MY HEADLIGHT SHINED ON THE SUBJECT, LATER IDENTIFIED AS THE DEFENDANT, MR JOSEPH SERRA JR. I OBSERVED A WHITE MALE SUBJECT WEARING A GREY TANK TOP, BLACK SHORTS AND CARRYING A BACK PACK. THE SUBJECT WAS RIDING A BICYCLE ON THE SIDEWALK TRAVELING EASTBOUND. I WAS UNABLE TO SEE THE DEFENDANT AT FIRST, DUE TO HIM NOT HAVING ANY TYPE OF RED SAFETY LIGHT ATTACHED TO THE REAR OF HIS BICYCLE. AT THAT TIME, I WAS ALSO UNABLE TO OBSERVE ANY WHITE LIGHT EMITTING FROM THE FRONT OF THE BICYCLE. AT THAT TIME, I PULLED NEXT TO THE DEFENDANT, WHO WAS TRAVELING AT THE SAME RATE OF SPEED THAT I WAS, WHERE I ROLLED DOWN THE PASSENGER WINDOW AND I WAS ABLE TO OBSERVE THAT HE WAS WEARING HEAD PHONES. I ACTIVATED MY OVERHEAD EMERGENCY LIGHTS TO CONDUCT A TRAFFIC STOP ON THE DEFENDANT. AS I ACTIVATED MY EMERGENCY LIGHTS I ALSO HIT MY HORN, WHERE I SAW THE DEFENDANT LOOKED DIRECTLY AT ME. HE THEN CONTINUED TRAVELING EASTBOUND UNTIL HE HIT SOUTH APOPKA AVENUE. I CONTINUED TO HIT MY HORN MULTIPLE TIMES, AT WHICH TIME THE DEFENDANT CONTINUED TO LOOK BACK AND ACKNOWLEDGE ME. HE THEN PROCEEDED INTO THE WALGREENS PARKING LOT WHILE I WAS FOLLOWING NEXT TO HIM. THE DEFENDANT BEGAN INCREASING HIS SPEED AS HE CROSSED THROUGH THE PARKING LOT AND HE WENT UP TO THE FRONT DOOR OF THE BUSINESS. AS I EXITED MY VEHICLE, THE DEFENDANT JUMPED OFF HIS BICYCLE, THROWING IT TO THE GROUND WHICH CAUSED IT TO SLAM INTO THE FRONT OF THE BUSINESS. HE THEN PROCEEDED THROUGH THE DOORS. AS I SHOUTED FOR HIM TO COME HERE, THE DEFENDANT THEN STARED AT ME AND BEGAN WALKING BACKWARDS. HE THEN POINTED HIS FINGER AS A GESTURE FOR ME TO HOLD ON. HE THEN TURNED AROUND AND ENTERED INTO THE STORE. AS I FOLLOWED, I WAS UNABLE TO LOCATE THE DEFENDANT. THE STORE CLERK SHOUTED THAT HE RAN AND POINTED TO HIS LOCATION DOWN AISLE 6. AT THAT TIME, I BEGAN CAUTIOUSLY WALKING TOWARDS THAT DIRECTION, WHERE I OBSERVED THE DEFENDANT IN THE BACK OF THE STORE IN A FAST PACE WALK. HE THEN BEGAN WALKING THE OPPOSITE DIRECTION OF ME. AS I OBSERVED THE DEFENDANT, HE ONCE AGAIN LOOKED AT ME WHERE I ATTEMPTED TO GET HIM TO COME TO MY LOCATION; HOWEVER HE PROCEEDED TOWARDS THE BATHROOM DOORS. AT THAT TIME, I HEARD THE BATHROOM DOORS OPEN. UPON ENTERING INTO THE BATHROOM THERE WERE NO LIGHTS ON. WHILE USING MY FLASHLIGHT, I OBSERVED THE DEFENDANT RUN IN TO THE BATHROOM STALL, LEAVING THE DOOR OPEN AND HE WAS RUMMAGING THROUGH HIS BACK PACK. AT THAT TIME, THE DEFENDANT AND I EXITED THE STORE AND PROCEEDED TO MY VEHICLE. I ASKED HIM IF HE HAD OBSERVED ME AND AT FIRST HE STATED NO. I ADVISED HIM THAT I SAW HIM LOOKING AT ME WHEN I ACTIVATED MY EMERGENCY LIGHTS AND HONKED MY HORN AND THAT I WAS FOLLOWING HIM FOR ALMOST A BLOCK. HE THEN ADVISED THAT HE WAS JUST LEAVING HIS WORK PLACE, OLIVE GARDEN, AND THAT HE JUST LIVED A SHORT DISTANCE FROM WALGREENS OFF GRANGER. HE INITIALLY STATED THAT HE WAS STOPPING AT WALGREENS TO CHANGE HIS CLOTHES. WHEN I ASKED WHY HE DID NOT CHANGE AT WORK, HE THEN CHANGED HIS STORY AND STATED THAT HE NEEDED TO USE THE RESTROOM; HOWEVER HE WAS UNABLE TO GIVE A REASON WHY HE LEFT THE STALL OPEN. I ASKED HIM WHY THE BATHROOM LIGHTS WERE OFF AND HE STATED THAT THEY USUALLY COME ON AUTOMATICALLY UPON ENTERING THE BATHROOM; HOWEVER I LATER CONFIRMED THAT THE BATHROOM LIGHTS REQUIRE A SWITCH AND ARE NOT AUTOMATED. DEPUTY SCHAFFER THEN ARRIVED ON SCENE AS BACK UP. UPON MAKING CONTACT WITH THE WITNESS ONE, MS SALLY GIMS, SHE ADVISED THAT SHE WAS AT THE FRONT OF THE STORE WHEN SHE SAW THE DEFENDANT ENTER THE STORE, WHERE HE POINTED AND SIGNALED AT ME AS IF HE WAS GESTURING ONE MINUTE. HE THEN TURNED AROUND AND BEGAN RUNNING THROUGH THE STORE AND PROCEEDED DOWN AISLE 6, WHERE SHE SAW ME COME IN LOOKING FOR THE DEFENDANT. SHE ADVISED THAT SHE ALSO HEARD THE BATHROOM DOOR OPEN AND SHE WAS ABLE TO DIRECT ME TOWARDS HIS LOCATION. I THEN MADE CONTACT WITH WITNESS TWO, MR COREY SMYTH, WHO ADVISED THAT HE SAW THE DEFENDANT RUN IN TO THE STORE AND TURN AND LOOK BACK. HE WITNESSED THE DEFENDANT MAKE A HAND GESTURE TOWARDS ME AND THEN PROCEED THROUGH THE STORE TOWARDS THE BATHROOM. HE OBSERVED ME ENTER THE STORE AND GO TOWARDS THE BACK. HE ADVISED THAT WHILE THE DEFENDANT WAS RUNNING TOWARDS THE AISLE HE TOOK HIS BACK PACK OFF AND OPENED IT, LIKE HE WAS TRYING TO HIDE OR THROW AN ITEM. DUE TO THE INFORMATION GATHERED FROM BOTH WITNESSES, AND WHAT I OBSERVED FROM THE BATHROOM, I ASKED FOR PERMISSION TO SEARCH HIS BACK PACK AND HE STATED THAT THERE WAS NO REASON TO. IT WAS LATER CONFIRMED BY DEPUTY SCHAFFER THAT THE DEFENDANT HAD PREVIOUSLY BEEN ARRESTED FOR POSSESSION OF NARCOTICS. THE DEFENDANT WAS PLACED UNDER ARREST FOR RESISTING AN OFFICER WITHOUT VIOLENCE, HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE. I THEN READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE DID NOT WANT TO SPEAK WITH ME. WITH DEPUTY SCHAFFER PRESENT, I PLACED THE DEFENDANT BACK PACK, WHERE I THEN BEGAN A SEARCH TO INCIDENT. UPON LOOKING THROUGH THE BAG, I OBSERVED MULTIPLE MALE CLOTHING ARTICLES. I OBSERVED SHOES, PANTS, UNDERWEAR, SOCKS AND MULTIPLE MISCELLANEOUS ITEMS. I ALSO OBSERVED AN ORANGE PLASTIC TUBE WITH A SCREW TOP, WHICH HAD BEEN WRAPPED IN BLACK TAPE, INSIDE THE MAIN COMPARTMENT ON TOP. UPON OPENING THE CONTAINER, I OBSERVED A GREEN LEAFY SUBSTANCE SIMILAR TO CANNABIS. UPON PERFORMING A FIELD TEST OF THE SUBSTANCE, IT TESTED POSITIVE FOR CANNABIS. THE DEFENDANT WAS THEN ADVISED OF THE ADDITIONAL CHARGE. DEPUTY SCHAFFER ADVISED THE DEFENDANT THAT HE WOULD RETURN HIS BICYCLE TO HIS RESIDENCE IF HE WISHED; HOWEVER THE DEFENDANT STATED NO, HE WOULD PREFER THE BICYCLE TO BE IMPOUNDED. UPON EXAMINATION OF THE BICYCLE, IT WAS CONFIRMED THAT THERE WAS NO RED SAFETY LIGHT ON THE REAR OF THE BICYCLE. ON THE FRONT OF THE BICYCLE, I OBSERVED A SMALL FLASHLIGHT WITH FOUR SMALL LIGHTS, WHICH HAD BEEN DUCK TAPED TO THE HANDLEBARS. THE LIGHTS WERE FACING DOWNWARD TOWARDS THE GROUND AND THEY WERE EXTREMELY DIM AND DIFFICULT TO SEE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION 5333-GZP8, FOR IMPROPER EQUIPMENT WITH A FINE OF $113.00 PAYABLE WITH 30 DAYS TO THE CITRUS COUNTY CLERK OF COURTS. WHILE ON SCENE WITH THE DEFENDANT, HE WAS NOT BEING VERY COOPERATIVE. HE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING, WHERE HIS TOTAL BOND WAS SET AT $1,500.00, PER THE BOND SCHEDULE. THE BICYCLE WAS TURNED IN TO EVIDENCE. BOTH WITNESSES PROVIDED ME WITH SWORN WRITTEN STATEMENTS THAT WERE COLLECTED AND WILL LATER BE TURNED IN TO RECORDS. WITNESS ONE ALSO PROVIDED ME WITH THE STORE SURVEILLANCE VIDEO, WHICH WAS COLLECTED AND LATER TURNED IN TO EVIDENCE, ALONG WITH THE CANNABIS. UPON ARRIVAL AT THE JAIL, THE TOTAL PACKAGE WEIGHT OF THE CANNABIS WAS 19.6 GRAMS. |
