| Probable cause affidavit: |
SUBMITTED BY: CALLAHAN, CRAIG 0643 (AR14-8585) ON 010314, AT APPROXIMATELY 2148 HOURS, I WAS WORKING A SAFETY CHECKPOINT IN THE AREA OF INVERNESS, LOCATED AT WITHLACOOCHEE TECHNICAL INSTITUTE. WHILE DOING SO, I WAS NOTIFIED VIA RADIO BY DEPUTY LUDLOW THAT HE HAD JUST OBSERVED A WHITE IN COLOR, CHEVROLET SUBURBAN; BYPASS THE CHECKPOINT, TURNING SOUTHBOUND ON TO HEIGHTS STREET, ALSO BY MAIN STREET, FAILING TO USE THEIR TURN SIGNAL WHILE OTHER MOTORISTS WERE IN THE GENERAL VICINITY OF SAID VEHICLE. DEPUTY LUDLOW FURTHER STATED THAT THE VEHICLE PULLED IN TO THE PARKING LOT OF THE CENTURY 21 REAL ESTATE BUILDING IN INVERNESS, AND THAT THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MS JULIA VEST, CHANGED SEATS WITH THE PASSENGER, LATER IDENTIFIED AS THE PASSENGER, MS JENNIFER KOTSUR. AT THAT TIME, I LOCATED THE VEHICLE PULLING OUT OF THE CENTURY 21 PARKING LOT, AND I ACTIVATED MY EMERGENCY EQUIPMENT, AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE, DUE TO THE TRAFFIC VIOLATION OBSERVED BY DEPUTY LUDLOW. UPON MAKING CONTACT WITH THE DRIVER, I REQUESTED HER DRIVER'S LICENSE AND VEHICLE REGISTRATION. SHE WAS ABLE TO PROVIDE THIS. UPON SPEAKING WITH THE PASSENGER, SHE ADMITTED THAT SHE HAD CHANGED SEATS WITH THE DRIVER, DUE TO NOT HAVING A VALID DRIVER'S LICENSE, AND KNOWING THAT THERE WAS A SAFETY CHECKPOINT. WHILE SPEAKING WITH BOTH SUBJECTS, I COULD DETECT A FAINT SMELL OF BURNT CANNABIS TO BE EMANATING FROM THE VEHICLE. UPON SMELLING THE CANNABIS, I REQUESTED PERMISSION TO SEARCH THE VEHICLE. UPON DOING SO, THE DRIVER, MS KOTSUR, ADVISED THAT I COULD. I LOCATED A BLUE IN COLOR, WOMENâS WALLET IN THE DRIVERâS SIDE DOOR POCKET; AND UPON OPENING IT; I LOCATED A CLEAR PLASTIC CELLOPHANE WRAPPER, WHICH CONTAINED A GREEN LEAFY SUBSTANCE. THROUGH MY TRAINING AND EXPERIENCE, I RECOGNIZED THIS TO BE CANNABIS. FURTHERMORE, THERE WERE SEVERAL CREDIT CARDS LOCATED INSIDE OF THE WALLET, BEARING THE DEFENDANTâS NAME. I MADE CONTACT WITH THE DEFENDANT, AND SHE ADMITTED THAT THE WALLET BELONGED TO HER. UPON SHOWING HER THE CANNABIS, SHE SPONTANEOUSLY UTTERED, âI THOUGHT I LEFT THAT AT HOME.â I THEN READ THE DEFENDANT HER MIRANDA WARNINGS, VIA A PREPRINTED, AGENCY ISSUED CARD; AND ASKED IF SHE UNDERSTOOD HER RIGHTS AND WISHED TO CONTINUE SPEAKING WITH ME. THE DEFENDANT ADVISED THAT SHE DID UNDERSTAND HER RIGHTS, AND WOULD CONTINUE SPEAKING ME AT THIS TIME. THE DEFENDANT ADVISED THAT THE CANNABIS SOLELY BELONGED TO HER AND WAS FOR HER OWN PERSONAL USE. SHE STATED THAT SHE HAD SMOKED THE CANNABIS JUST PRIOR TO THE TRAFFIC STOP. UPON SPEAKING WITH MS KOTSUR, SHE DENIED HAVING ANY KNOWLEDGE OF THE CANNABIS BEING IN THE VEHICLE. THE DEFENDANT WAS ISSUED A NOTICE TO APPEAR (NTA) CITATION, NUMBER 16618, FOR POSSESSION OF LESS THAN TWENTY GRAMS OF CANNABIS, WITH A MANDATORY COURT APPEARANCE OF 013014 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. IN ADDITION, DEPUTY COLEMAN, WHO WAS ALSO ON SCENE, ISSUED THE DEFENDANT A FLORIDA CRIMINAL TRAFFIC CITATION, BEARING NUMBER 0322GQG5, FOR DRIVING WHILE LICENSE SUSPENDED, KNOWING; WITH A MANDATORY COURT APPEARANCE OF 013014 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE CANNABIS WAS LATER WEIGHED, AND FOUND TO WEIGH APPROXIMATELY 3.0 GRAMS. IT WAS PACKAGED AND LATER SUBMITTED TO EVIDENCE FOR DESTRUCTION. THE DEFENDANT AND DRIVER WERE THEN RELEASED ON SCENE. NO FURTHER ACTION TAKEN BY THIS DEPUTY. |
