Probable cause affidavit: |
SUBMITTED BY: MARSHALL, EVAN 1336 (15-88448) 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: ONE RED AND WHITE COLORED BONG WITH METHAMPHETAMINE RESIDUE AND ONE CLEAR IN COLOR GLASS SMOKING PIPE WITH METHAMPHETAMINE RESIDUE. , IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ON 070615, I RECEIVED A CALL FROM DISPATCH IN REFERENCE TO A SUSPICIOUS VEHICLE AT 1003 NORTH BROOKHAVEN TERRACE, INVERNESS. UPON ARRIVAL, I OBSERVED A WHITE FORD EXPEDITION WITH A WHITE MALE OCCUPANT IN THE DRIVER SEAT, SLOUCHED OVER THE CENTER CONSOLE. THE SUBJECT APPEARED TO BE SLEEPING. I WALKED TO THE FRONT PASSENGER WINDOW, WHICH WAS DOWN, AND OBSERVED A WHITE MALE, LATER IDENTIFIED AS THE DEFENDANT, MR JUSTIN WEST, TO BE SLEEPING. I KNOCKED ON THE PASSENGER DOOR AND THE DEFENDANT WOKE UP. I ASKED THE DEFENDANT IF THERE WAS ANY REASON HE WAS SLEEPING IN HIS VEHICLE IN FRONT OF THIS HOUSE. THE DEFENDANT STATED HE HAD GOTTEN IN AN ARGUMENT WITH HIS GIRLFRIEND THE NIGHT BEFORE AND NEEDED SOMEWHERE TO COOL OFF AND RELAX. THE DEFENDANT BEGAN TO DIG AROUND IN HIS LAP AND BESIDE THE DRIVER SEAT. I ORDERED THE DEFENDANT TO STOP DIGGING AROUND AND PLACE HIS HANDS ON THE STEERING WHEEL, WHICH HE DID SO. I WALKED TO THE DRIVER SIDE OF THE VEHICLE AND ASKED THE DRIVER TO STEP OUT, WHICH HE DID. I ASKED THE DEFENDANT IF I COULD PAT HIM DOWN FOR WEAPONS. HE STATED YES AND THE ONLY THING HE HAD ON HIM WAS A POCKET KNIFE. AFTER PATTING THE DEFENDANT DOWN, I ASKED IF HE HAD A VALID FLORIDA DRIVER'S LICENSE. HE STATED HE DID. THE DEFENDANT THEN HANDED ME HIS FLORIDA DRIVER'S LICENSE FROM HIS POCKET. I RAN THE DEFENDANT THROUGH CITRUS COUNTY SHERIFF'S OFFICE TELETYPE AND FOUND HIS FLORIDA DRIVER'S LICENSE WAS VALID AND THERE WERE NO LOCAL WARRANTS. THE DEFENDANT SEEMED TO BE VERY NERVOUS AND I ASKED HIM IF THERE WAS ANYTHING ILLEGAL INSIDE HIS VEHICLE. THE DEFENDANT STATED NO, GO AHEAD AND LOOK. I ASKED THE DEFENDANT IF HE WAS SURE I COULD SEARCH HIS VEHICLE AND WOULD I FIND ANYTHING ILLEGAL INSIDE. THE DEFENDANT STATED I WOULD NOT FIND ANYTHING ILLEGAL. IN THE BACK HATCH OF THE VEHICLE, I FOUND A CAMOUFLAGE BACK-PACK. I ASKED THE DEFENDANT IF IT WAS HIS BACK-PACK. THE DEFENDANT STATED IT WAS HIS BACK-PACK AND HE USES IT WHEN EXPLORING THE WOODS. INSIDE THE DEFENDANT'S BACK-PACK, I FOUND ONE RED AND WHITE GLASS WATER BONG ALONG WITH A CLEAR GLASS SMOKING PIPE WITH BLACK BURN MARKS ON THEM. BOTH THE WATER BONG AND THE GLASS PIPE WERE TESTED UTILIZING AN AGENCY ISSUED TEST KIT. THEY BOTH TESTED POSITIVE FOR METHAMPHETAMINE. I CONTINUED TO SEARCH THE VEHICLE AND LOCATED NUMEROUS HOMEMADE PIPES; HOWEVER, APPEARED TO HAVE RESIDUE IN THEM. I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF DRUG PARAPHERNALIA. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT'S MOTHER WAS CONTACTED TO PICK UP HER VEHICLE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. THE RED AND WHITE WATER BONG AND CLEAR GLASS PIPE WERE PACKAGED AND TURNED IN TO EVIDENCE. NO FURTHER ACTION. |