| Probable cause affidavit: |
SUBMITTED BY: CALLAHAN, CRAIG 0643 (AR14-9727) (14-44988) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: APPROXIMATELY 2.3 GRAMS OF COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); AND \tdid, knowing HIS driver's license or driving privilege had been cancelled, suspended or revoked, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.34(2)(a). \t \tON 040114 AT APPROXIMATELY 2253 HOURS, I WAS TRAVELING SOUTHBOUND ON NORTH WADSWORTH AVENUE IN the AREA OF LEMON STREET IN BEVERLY HILLS. UPON STOPPING AT THE INTERSECTION, I OBSERVED A GOLD IN COLOR FOUR-DOOR CADILLAC TRAVELING AT A HIGH RATE OF SPEED WESTBOUND ON LEMON STREET. UPON OBSERVING the VEHICLE, I ESTIMATED ITS SPEED TO BE IN EXCESS OF 60 MILES PER HOUR (MPH) IN A POSTED 25 MPH SPEED LIMIT ZONE. AT THAT TIME, I ATTEMPTED TO CATCH UP TO THE VEHICLE, WHICH HAD NOW TURNED SOUTHBOUND ON NORTH WASHINGTON STREET CONTINUING AT A HIGH RATE OF SPEED. \t \tUPON APPROACHING the VEHICLE, IT QUICKLY TURNED INTO A RESIDENCE LOCATED AT 4 SOUTH WASHINGTON STREET. UPON MAKING CONTACT WITH the DRIVER/DEFENDANT, LATER IDENTIFIED AS MR JUSTICE LUCAS, I ALSO NOTICED HE WAS NOT WEARING HIS SAFETY BELT. I REQUESTED the DEFENDANT DRIVER'S LICENSE AND REGISTRATION, BOTH OF WHICH HE WAS UNABLE TO PROVIDE ME STATING THAT HIS DRIVER'S LICENSE HAD just BEEN SUSPENDED FOR DRIVING UNDER THE INFLUENCE (DUI). UPON ASKING the DEFENDANT WHY HE WAS TRAVELING SO FAST, HE ADVISED THAT HIS BRAKES DID NOT WORK. \t \tWHILE SPEAKING TO THE DEFENDANT I COULD TELL HE WAS EXTREMELY NERVOUS AND MAKING ERRATIC MOVEMENTS INSIDE THE VEHICLE AS IF HE WAS ATTEMPTING TO CONCEAL SOMETHING. I THEN REQUESTED the DEFENDANT TO STEP OUT OF the VEHICLE WHERE HE WAS DETAINED IN HANDCUFFS BEHIND THE BACK UNTIL FURTHER INVESTIGATION COULD BE COMPLETED. WHILE THE DEFENDANT WAS STEPPING OUT OF THE VEHICLE, IT WAS OBVIOUS THAT HE WAS ATTEMPTING TO HIDE AN UNKNOWN OBJECT BETWEEN THE FRONT DRIVER SEAT AND DOOR PILLAR; HOWEVER, I WAS UNABLE TO DETERMINE WHAT THAT OBJECT WAS. A SHORT TIME LATER IT WAS CONFIRMED THROUGH NCIC/FCIC THAT THE DEFENDANTâS DRIVER'S LICENSE WAS INDEED SUSPENDED AS OF 030914 FOR DUI. \t THE DEFENDANT WAS THEN PLACED IN the FRONT BUMPER AREA OF MY PATROL VEHICLE, WHILE DEPUTY DEARDEN UTILIZED HIS CANINE TO CONDUCT AN EXTERIOR SNIFF, WHICH YIELDED A POSITIVE HIT FOR THE PRESENCE OF NARCOTICS. UPON SEARCHING THE VEHICLE, SMALL AMOUNTS OF MARIJUANA âSHAKEâ WERE LOCATED; HOWEVER, NO OTHER CONTRABAND WAS FOUND IN THE VEHICLE. THE DEFENDANT WAS ADVISED THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING WHILE LICENSE SUSPENDED KNOWINGLY WHERE HE WAS PLACED IN the REAR SEAT OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. UPON PULLING MY VEHICLE OUT OF the DRIVEWAY AREA OF 4 NORTH WASHINGTON STREET, DEPUTY DEARDEN ADVISED ME THAT HE HAD JUST LOCATED A CLEAR PLASTIC BAGGIE CONTAINING A WHITE SUBSTANCE UNDERNEATH the BUMPER AREA OF MY VEHICLE ON THE GROUND, IN the EXACT LOCATION WHERE the DEFENDANT HAD BEEN STANDING DURING OUR VEHICLE SEARCH. UPON FURTHER EXAMINATION OF THE WHITE SUBSTANCE, DUE TO MY TRAINING AND EXPERIENCE, I BELIEVED THIS SUBSTANCE TO POSSIBLY BE CRACK COCAINE. UPON CONDUCTING A FIELD PRESUMPTIVE TEST OF THE WHITE SUBSTANCE, IT WAS DETERMINED THAT IT DID TEST POSITIVE FOR THE PRESENCE OF COCAINE. AT THAT TIME, I AGAIN MADE CONTACT WITH THE DEFENDANT WHERE HE WAS NOW READ HIS MIRANDA WARNINGS FROM A PREPRINTED AGENCY CARD WHERE HE WAIVED HIS RIGHTS AND ADVISED HE would SPEAK WITH ME. UPON ASKING THE DEFENDANT ABOUT the CRACK COCAINE LOCATED IN the EXACT LOCATION HE HAD BEEN STANDING, HE DENIED IT BELONGED TO HIM. HOWEVER, AFTER CONTINUING TO SPEAK TO HIM, HE ADMITTED TO ME THAT HE DID THROW THE âCRACKâ UNDERNEATH MY PATROL VEHICLE BECAUSE SOMEONE HAD LEFT IT IN HIS VEHICLE AND HE DID NOT WANT TO GET CAUGHT WITH IT. the DEFENDANT CONTINUED TO DENY THE CRACK COCAINE BELONGED TO HIM DURING THE COURSE OF the INTERVIEW. THE DEFENDANT WAS THEN TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY WHERE HIS BOND WAS SET AT A TOTAL OF $15,000.00 PER THE BOND SCHEDULE. THE COCAINE WAS LATER WEIGHED and DETERMINED TO HAVE AN APPROXIMATE WEIGHT OF 2.3 GRAMS. IT WAS LATER PACKAGED AND TURNED INTO EVIDENCE. the DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION, NUMBER 0607-FIR 4, FOR KNOWINGLY DRIVING WHILE LICENSE SUSPENDED WITH A COURT DATE TO BE DETERMINED. THE DEFENDANT WAS ALSO NOTIFIED THAT HIS VEHICLE WAS BEING SEIZED FOR FORFEITURE WHERE HE WAS GIVEN A COPY OF the FORFEITURE NOTICE AT THE JAIL. |
