| Probable cause affidavit: |
SUBMITTED BY: WEAR, KENNETH 0073 (AR07005587) 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 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B) AND did, being a person under the age of twenty-one (21) years, unlawfully and knowingly have in HIS actual or constructive possession an alcoholic beverage, in violation of Florida Statute 562.111 AND did unlawfully have in HIS actual or constructive possession with 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, said object being A METAL SMOKING PIPE, in violation of Florida Statutes 893.145 and 893.147. ON 101107, AT 0152 HOURS, THIS DEPUTY CONDUCTED A TRAFFIC STOP ON THE DEFENDANT WHO WAS DRIVING A 1995 FORD THREE-DOOR VEHICLE BEARING FLORIDA TAG C619IE, AS HE WAS TRAVELING SOUTHBOUND ON ORCHID AVENUE IN INVERNESS. THE DEFENDANT HAD DRIVEN OFF THE RIGHT SHOULDER OF THE ROADWAY ALMOST COMPLETELY RUNNING OFF THE ROAD, AND THEN CORRECTED THE VEHICLE. THIS DEPUTY MADE CONTACT WITH THE DEFENDANT WHO APPEARED TO BE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR AN UNKNOWN SUBSTANCE, DUE TO HIS SLURRED SPEECH AND GLASSY RED EYES. THIS DEPUTY REQUESTED THE DEFENDANT'S DRIVER'S LICENSE TO VERIFY HIS IDENTITY. I ALSO OBSERVED BEHIND THE DRIVERS SEAT ON THE FLOORBOARD A TWELVE-PACK OF BUSCH LITE BEER BOTTLES. ONE WAS OPENED WITH A PORTION CONSUMED AND STILL APPEARED TO BE COLD WITH CONDENSATION FORMING ON IT. IT WAS LEARNED THAT THE DEFENDANT RESIDED A COUPLE OF BLOCKS AWAY AND HE WAS ADVISED TO CONTACT HIS PARENTS TO RESPOND AND PICK HIM UP. IN THE MEANTIME, THIS DEPUTY WAS WRITING A UNIFORM TRAFFIC CITATION (NUMBER 4303-ELU) FOR CARELESS DRIVING. UPON DOING SO, THE DEFENDANT BECAME VERY BELLIGERENT, YELLING AND CAUSING A DISTURBANCE. THE DEFENDANT WAS REPEATEDLY ADVISED TO CALM DOWN, BUT HE FAILED TO DO SO. FOR THIS DEPUTY'S SAFETY, THE DEFENDANT WAS ADVISED THAT HE WAS BEING PLACED UNDER ARREST FOR UNLAWFUL POSSESSION OF ALCOHOL BY A PERSON UNDER THE LEGAL AGE OF TWENTY ONE. THE DEFENDANT WAS DOUBLE LOCKED, HANDCUFFED BEHIND THE BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE. SEARCH INCIDENT TO ARREST REVEALED A SMALL CLEAR PLASTIC BAG WITH A GREEN LEAFY SUBSTANCE LOCATED IN THE CENTER CONSOLE OF THE VEHICLE. THE SUBSTANCE APPEARED TO BE CANNABIS. BETWEEN THE PASSENGER SEAT AND THE CONSOLE WAS WEDGED A METAL SMOKING DEVICE COMMONLY USED FOR SMOKING CANNABIS. BOTH ITEMS WERE TAKEN INTO CUSTODY AND WERE PHOTOGRAPHED, ALONG WITH THE BEER THAT HAD BEEN DISCOVERED IN THE VEHICLE. THE DEFENDANT'S MOTHER ARRIVED AT THE SCENE WITH HER HUSBAND AND TOOK POSSESSION OF THE DEFENDANT'S VEHICLE. IN THE MEANTIME, THE DEFENDANT HAD CALMED DOWN AND ADMITTED TO HIS MOTHER HIS UNLAWFUL POSSESSION OF THE CANNABIS AND PARAPHERNALIA. THE DEFENDANT WAS THEN TRANSPORTED TO COUNTY CITRUS COUNTY DETENTION FACILITY WHERE HE WAS CHARGED WITH POSSESSION OF MARIJUANA, UNDER 20 GRAMS; UNLAWFUL POSSESSION OF AN ALCOHOLIC BEVERAGE; AND POSSESSION OF DRUG PARAPHERNALIA. THE DEFENDANT WAS ALSO GIVEN UNIFORM TRAFFIC CITATION FOR CARELESS DRIVING. *NOT-EXEMPT* |
