| Probable cause affidavit: |
SUBMITTED BY: CALLAHAN, CRAIG 0643 (AR09108472) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF TWENTY GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B) ON 040209 AT APPROXIMATELY 2255 HOURS, I WAS TRAVELING SOUTHBOUND ON SOUTH WADSWORTH STREET IN BEVERLY HILLS BEHIND A RED FORD TWO DOOR VEHICLE. WHILE TRAVELING BEHIND THE VEHICLE, I OBSERVED THE VEHICLE APPROACH THE INTERSECTION OF SOUTH WADSWORTH STREET AND ROSE AVENUE. WHEN THE VEHICLE REACHED THAT INTERSECTION, THE VEHICLE DROVE PAST THE WHITE PAINTED STOP BAR AND INTO THE INTERSECTION. I INITIATED MY EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE IN THE AREA OF SOUTH BARBOUR STREET AND ROSE AVENUE. I MADE CONTACT WITH THE DRIVER OF THE VEHICLE, IDENTIFIED AS DEFENDANT JOSHUA SULLO. I ADVISED HIM OF THE REASON FOR THE TRAFFIC STOP AND REQUESTED HIS DRIVER'S LICENSE WHICH HE DID PROVIDE. THE DEFENDANT ADVISED HE KNEW HE HAD STOPPED AT THE STOP SIGN BUT AGREED WITH ME THAT HE MIGHT HAVE STOPPED TOO FAR INTO THE INTERSECTION, BECOMING A HAZARD TO ON-COMING TRAFFIC. I ADVISED THE DEFENDANT THAT I WOULD BE ISSUING HIM A WRITTEN WARNING FOR THE VIOLATION, AT WHICH TIME I RETURNED HIS DRIVER'S LICENSE TO HIM. WHILE SPEAKING WITH THE DEFENDANT, I OBSERVED THAT HE WAS EXTREMELY NERVOUS, FIDGETING AROUND IN HIS SEAT. HE ALSO SEEMED TO BE UNABLE TO MAKE EYE CONTACT. I ASKED THE DEFENDANT IF THERE WAS ANYTHING INSIDE THE VEHICLE OR ON HIS PERSON WHICH WAS ILLEGAL OR WHICH I SHOULD KNOW ABOUT, TO WHICH HE STATED NO. I ASKED THE DEFENDANT FOR CONSENT TO SEARCH HIS VEHICLE AND ANY CONTENTS FOUND INSIDE, TO WHICH HE GRANTED VERBAL CONSENT. I ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE AND HE DID. UPON STEPPING OUT OF THE VEHICLE, I ASKED THE DEFENDANT IF I COULD PAT HIM DOWN FOR ANY WEAPONS, TO WHICH THE DEFENDANT VOLUNTARILY PLACED HIS HANDS ON THE REAR PASSENGER ROOF AND ADVISED THAT I COULD SEARCH HIM. UPON PATTING THE LEFT FRONT POCKET OF THE DEFENDANT'S SHORTS, I FELT A SMALL BULGE. THROUGH MY TRAINING AND EXPERIENCE, I KNEW THIS BULGE TO BE CONSISTENT WITH MARIJUANA. UPON FEELING THE BULGE, I ASKED THE DEFENDANT TO STEP TO THE FRONT OF MY PATROL VEHICLE WHICH HE DID. I ASKED THE DEFENDANT IF THERE WAS ANYTHING IN HIS POCKET HE WANTED TO TELL ME ABOUT. AT THAT TIME, THE DEFENDANT STATED HE WANTED TO BE HONEST. HE REACHED INTO THE LEFT FRONT POCKET OF HIS SHORTS AND REMOVED A CLEAR PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE WHICH I RECOGNIZED THROUGH MY TRAINING AND EXPERIENCE TO BE MARIJUANA. WHEN THE DEFENDANT REMOVED THE CLEAR PLASTIC BAGGIE FROM HIS POCKET, HE PLACED IT ON THE TRUNK AREA OF HIS VEHICLE. THE DEFENDANT WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF MARIJUANA. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND HE STOOD AT THE FRONT OF MY PATROL VEHICLE WHILE I CONDUCTED A SEARCH OF THE INTERIOR OF HIS VEHICLE WHICH MET WITH NEGATIVE RESULTS. I READ THE DEFENDANT HIS MIRANDA WARNINGS FROM A PRE-PRINTED CARD, TO WHICH THE DEFENDANT STATED HE UNDERSTOOD AND WAIVED HIS RIGHTS AND AGREED TO SPEAK WITH ME. I ASKED THE DEFENDANT ABOUT THE MARIJUANA FOUND IN HIS POCKET, TO WHICH HE STATED IT WAS FOR HIS OWN PERSONAL USE AND NOT FOR SALE TO ANY OTHER PERSON. THE DEFENDANT WAS SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE, DEPUTY MCINTYRE REMAINED WITH THE VEHICLE AWAITING PRECISION AUTO TO TOW THE VEHICLE. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. THE MARIJUANA WAS WEIGHED AT THE DETENTION FACILITY AND WEIGHED APPROXIMATELY SEVEN GRAMS. THE MARIJUANA WAS PACKAGED AND LATER TURNED IN TO EVIDENCE. *NOT-EXEMPT* |
