| Probable cause affidavit: |
SUBMITTED BY: LABORDA, MICHAEL 0735 (AR15-17016) 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: ROLLED UP TEN DOLLAR BILL CONTAINING COCAINE RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.147(1). ON 102815 AT APPROXIMATELY 2242 HOURS, I WAS TRAVELING SOUTHBOUND ON HIGHWAY 19 JUST NORTH OF HIGH OCTANE SALOON, WHEN I OBSERVED A GREEN FORD EXPEDITION TO PULL OUT OF HIGH OCTANE SALOON AND TURN RIGHT ON HIGHWAY 19 CROSSING OVER TO THE INSIDE LANE OF TRAVEL. AS THE VEHICLE WAS GAINING SPEED, I WAS PULLING ALONG SIDE OF THE VEHICLE WHEN IT DECIDED SUDDENLY TO CHANGE LANES AND STEERED TOWARDS THE DRIVER DOOR OF MY PATROL VEHICLE. TO AVOID A COLLISION, I HAD TO BRAKE HARD AND PARTIALLY LEAVE THE ROADWAY, ALL WHILE HITTING MY HORN. THE VEHICLE SWERVED BACK IN TO ITS LANE AND CONTINUED SOUTHBOUND ON HIGHWAY 19. AT THAT TIME, I GOT BEHIND THE VEHICLE AND CONDUCTED A TRAFFIC STOP. THE VEHICLE WAS BEARING FLORIDA LICENSE PLATE 5219BQ. I RAN THE PLATE PRIOR TO MAKING CONTACT WITH THE OCCUPANTS AND DISCOVERED THE PLATE BELONGED ON A 1997 WHITE CHEVROLET FOUR-DOOR SEDAN. I THEN MADE CONTACT WITH THE DRIVER, IDENTIFIED AS DEFENDANT, MR JARICK RATHS. I ASKED DEFENDANT JARICK RATHS FOR HIS LICENSE, REGISTRATION AND PROOF OF INSURANCE AND INFORMED HIM OF THE REASON FOR THE STOP. DEFENDANT JARICK RATHS ADVISED HE DID NOT REALIZE HE NEARLY RAN ME OFF THE ROAD AND ALSO ADVISED HE DID NOT HAVE A REGISTRATION BECAUSE THE TAG ON THE VEHICLE DID NOT BELONG. DEFENDANT JARICK RASH PROVIDED ME WITH A FLORIDA IDENTIFICATION CARD. I ASKED HIM IF HIS LICENSE WAS VALID AND HE STATED HE DID NOT THINK SO, BUT HE HAD BEEN WORKING ON GETTING IT FIXED. WHILE SPEAKING WITH DEFENDANT JARICK RATHS, I OBSERVED HIM TO HAVE A WHITE POWDER SUBSTANCE ON HIS LEFT NOSTRIL. ALSO IN THE VEHICLE WAS A MALE PASSENGER SITTING IN THE FRONT PASSENGER SEAT IDENTIFIED AS DEFENDANT, MR JOSHUA RATHS. I OBSERVED HIM TO BE HEAVILY INTOXICATED AND VERY BELLIGERENT. I ALSO OBSERVED A WHITE POWDERY SUBSTANCE TO BE ON HIS LEFT PANT LEG. WHILE STANDING AT THE DRIVER WINDOW, I OBSERVED A CLEAR PLASTIC BAGGIE LYING IN THE CENTER CONSOLE IN PLAIN VIEW. AT THAT TIME, I REQUESTED AN ADDITION UNIT OVER THE RADIO AND SERGEANT S CONLEY RESPONDED TO THE SCENE. I STAYED IN CONTACT WITH THE DRIVER UNTIL SERGEANT CONLEY'S ARRIVAL AND SERGEANT CONLEY STOOD ON THE PASSENGER SIDE OF THE VEHICLE WHILE I RAN BOTH SUBJECTS THROUGH NCIC/FCIC. I RETRIEVED CANINE GUNNY FROM MY PATROL VEHICLE AND DEPLOYED HIM ON THE DEFENDANT'S VEHICLE TO CONDUCT AN EXTERIOR SNIFF. CANINE GUNNY CONDUCTED A 360 DEGREE SNIFF OF THE PUBLIC FREE AIR SPACE SURROUNDING THE VEHICLE. UPON REACHING THE FRONT DRIVER DOOR SEAM, CANINE GUNNY GAVE A PASSIVE ALERT TO THE PRESENCE OF A CONTROL SUBSTANCE ODOR. CANINE GUNNY WAS THEN RESECURED. I AGAIN MADE CONTACT WITH THE DRIVER. I ASKED THE DRIVER TO STEP OUT OF THE VEHICLE AND EXPLAINED THAT MY CANINE HAD ALERTED TO THE PRESENCE OF A CONTROL SUBSTANCE ODOR IN HIS VEHICLE AND THAT I WOULD BE CONDUCTING A SEARCH. I BEGAN TO PAT DOWN DEFENDANT JARICK RATHS FOR WEAPONS AND I COULD SEE SERGEANT CONLEY HAVING THE PASSENGER STEP OUT OF THE VEHICLE AT THE SAME TIME. AS I WAS PATTING DEFENDANT JARICK RATHS DOWN, I HEARD A SMALL COMMOTION ON THE OTHER SIDE OF THE VEHICLE AND HEARD SERGEANT CONLEY TELL THE PASSENGER TO STOP RESISTING. AFTER COMPLETING A PAT DOWN OF DEFENDANT JARICK RATHS, I WALKED AROUND TO THE OTHER SIDE OF THE VEHICLE WHERE I OBSERVED SERGEANT CONLEY TO BE SECURING THE PASSENGER IN HANDCUFFS BEHIND HIS BACK. HE WAS LYING FACE DOWN ON HIS STOMACH IN THE GRASS NEXT TO THE VEHICLE. SERGEANT CONLEY STOOD BY WITH BOTH DEFENDANTS WHILE I CONDUCTED A HAND SEARCH OF THE INTERIOR OF THE VEHICLE. LOCATED IN THE DRIVER SIDE CUP HOLDER I LOCATED A ROLLED UP FIVE DOLLAR BILL. THE BILL CONTAINED A WHITE POWDERY RESIDUE INSIDE, WHICH THROUGH MY TRAINING AND EXPERIENCE I RECOGNIZED TO BE POWDERED COCAINE. NEXT TO THE FIVE DOLLAR BILL WAS A CLEAR PLASTIC BAGGIE THAT HAD THE CORNER RIPPED OFF. THE BAGGIE ALSO CONTAINED A WHITE POWDERY RESIDUE CONSISTENT WITH COCAINE. WHILE SEARCHING THE PASSENGER SIDE OF THE VEHICLE , I LOCATED DEFENDANT JOSHUA RATHS' WALLET SITTING ON THE SEAT. INSIDE THE WALLET I LOCATED A ROLLED UP TEN DOLLAR BILL CONTAINING A WHITE POWDERY RESIDUE. THERE WAS ALSO A WHITE POWDERY SUBSTANCE ON THE CENTER CONSOLE, AS WELL AS ON THE DRIVER SIDE FLOORBOARD AREA. NOTHING ELSE WAS LOCATED IN THE VEHICLE. I READ DEFENDANT JARICK RATHS HIS MIRANDA WARNINGS FROM A PREPRINTED AGENCY ISSUED CARD. HE ADVISED HE UNDERSTOOD AND WAS WILLING TO SPEAK WITH ME. I ASKED HIM WHAT THE WHITE RESIDUE WAS ON HIS NOSTRIL AND HE STATED IT WAS "COKE". DEFENDANT JARICK RATHS TOLD ME THAT HE AND HIS BROTHER, DEFENDANT JOSHUA RATHS, HAD BEEN AT HIGH OCTANE SALOON DRINKING AND JUST PRIOR TO LEAVING HIS BROTHER TOOK OUT A SMALL BAG OF COCAINE AND BOTH DEFENDANTS SNORTED A SMALL QUANTITY IN THE PARKING LOT PRIOR TO LEAVING. I ASKED DEFENDANT JARICK RATHS WHAT THEY SNORTED THE COCAINE WITH AND HE SAID "ROLLED UP MONEY." DEFENDANT JARICK RATHS ADVISED HE HAD BEEN USING COCAINE OFF AND ON FOR FOUR YEARS AND THAT HE AND HIS BROTHER BOTH USED COCAINE TONIGHT BECAUSE "WE HAVE BEEN DRINKING AND COCAINE SOBERS YOU UP." AT THAT TIME, BOTH DEFENDANTS WERE PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK AND SAT IN THE REAR SEAT OF DEPUTY REYNOLDS'S PATROL VEHICLE. DEFENDANT JOSHUA RATHS WAS HEAVILY INTOXICATED AND I WAS NOT ABLE TO CONDUCT A SUCCESSFUL INTERVIEW DUE TO HIS LEVEL OF INTOXICATION. DEPUTY REYNOLDS TRANSPORTED BOTH DEFENDANTS TO THE CITRUS COUNTY DETENTION FACILITY WHERE THEY WERE TURNED OVER TO STAFF FOR BOOKING AND PROCESSING. THE ITEMS WERE COLLECTED AND TURNED INTO EVIDENCE. I ISSUED DEFENDANT JARICK RATHS A UNIFORM TRAFFIC CITATION, NUMBER A1BUG3P, FOR DRIVING WHILE LICENSE EXPIRED MORE THAN SIX MONTHS AND ALSO ISSUED HIM A WRITTEN WARNING, NUMBER 396012B, FOR VIOLATION OF RIGHT-OF-WAY. COPIES OF BOTH WERE PROVIDED TO THE DEFENDANT, AS WELL AS A COPY SUBMITTED INTO RECORDS. I SPOKE WITH SERGEANT CONLEY WHO ADVISED ME AS HE WAS HAVING DEFENDANT JOSHUA RATHS STEP OUT OF THE VEHICLE, DEFENDANT JOSHUA RATHS WAS REACHING TOWARDS THE BOTTOM SIDE OF THE SEAT AND WAS BEING UNCOOPERATIVE. SERGEANT CONLEY ADVISED ME THAT HE GRABBED DEFENDANT JOSHUA RATHS' WRIST TO PREVENT HIM FROM REACHING UNDER THE SEAT AND DEFENDANT JOSHUA RATHS BEGAN TO PULL AWAY AND ACTIVELY RESIST HIM. SERGEANT CONLEY SAID THAT DUE TO DEFENDANT JOSHUA RATHS' HIGH LEVEL OF INTOXICATION AND FOR HIS SAFETY, HE ESCORTED DEFENDANT JOSHUA RATHS TO THE GROUND WHERE HE WAS SECURED IN HANDCUFFS (DOUBLE LOCKED) BEHIND THE BACK. DEFENDANT JOSHUA RATHS WAS CHARGED WITH RESISTING WITHOUT VIOLENCE, WITH A BOND OF $1,000.00, AS WELL AS POSSESSION OF DRUG PARAPHERNALIA, WITH A BOND OF $1,000.00, FOR A TOTAL BOND OF $2,000.00. DEFENDANT JARICK RATHS WAS CHARGED WITH DRIVING WHILE LICENSE EXPIRED MORE THAN SIX MONTHS, WITH A BOND OF $500.00 AND POSSESSION OF DRUG PARAPHERNALIA WITH A BOND OF $1,000.00 FOR A TOTAL BOND OF $1,500.00. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY DAVE'S TOWING. ALL ITEMS WERE FIELD TESTED USING FIELD PRESUMPTIVE KITS AND YIELDED POSITIVE RESULTS FOR THE PRESENCE OF COCAINE. |
