| Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN 0684 (AR15-15867) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: EIGHT HYDROMORPHONE 2 MG PILLS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). 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: USED SYRINGE WITH NARCOTICS RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF THE TEXACO, TO WIT: A BOTTLE OF A&W ROOT BEER WITH A VALUE OF $1.79, CARRYING AWAY THE SAID MERCHANDISE, WITH INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE, A MERCHANT, OF THE POSSESSION, USE, BENEFIT, OR FULL RETAIL VALUE OF SAID PROPERTY, SAID PROPERTY BEING OF A VALUE OF LESS THAN $100.00, IN VIOLATION OF FLORIDA STATE STATUTE 812.014(3)(A). DID COMMIT BRIBERY BY MEANS OF CORRUPTLY GIVING, OFFERING, OR PROMISING TO ANY PUBLIC SERVANT, K-9 DEPUTY VIGGIANO, ANY BENEFIT NOT AUTHORIZED BY LAW WITH AN INTENT OR PURPOSE TO INFLUENCE THE PERFORMANCE OF ANY ACT WHICH THE PERSON BELIEVES TO BE WITHIN THE OFFICIAL DISCRETION OF A PUBLIC SERVANT, TO WITNESS: OFFERING TO GIVE DEPUTY VIGGIANO A GPS UNIT WITH THE INTENT TO INFLUENCE THE CHARGES THAT HE WAS BEING INVESTIGATED FOR, IN VIOLATION OF FLORIDA STATE STATUE 812.014(3)(A). ON 072615, AT 1629 HOURS, I WAS DISPATCHED TO THE TEXACO LOCATED AT 7593 WEST GROVER CLEVELAND BOULEVARD IN HOMOSASSA, IN REFERENCE TO DRUG USE. DISPATCH ADVISED THAT THE COMPLAINANT, MR RAJESHAUNAR (ROGER) RADADIA, WHO OWNS THE TEXACO STATED THAT THERE WAS A SUBJECT BY THE NAME OF MR JUSTIN YATES WHO APPEARED TO BE UNDER THE INFLUENCE OF A NARCOTIC. HE ADVISED THAT MR JUSTIN YATES, WHO WAS LATER IDENTIFIED AS THE DEFENDANT, APPROACHED HIM IN THE STORE AND ASKED THE COMPLAINANT IF HE WOULD SELL HIM OXYCODONE. DEFENDANT YATES THEN DRANK APPROXIMATELY ONE THIRD OF AN A&W ROOT BEER AND SET IT DOWN, EXITING THE STORE WITHOUT MAKING ANY ATTEMPT TO PAY FOR THE MERCHANDISE WHICH WAS VALUED AT $1.79. UPON MY ARRIVAL AT 1630 HOURS, I OBSERVED THE DEFENDANT, WHO I AM FAMILIAR WITH DUE TO PRIOR CALLS FOR SERVICE, TO BE STANDING NEAR THE GAS PUMPS NEXT TO A BLUE VOLKSWAGEN. I MADE CONTACT WITH THE DEFENDANT AND I ADVISED HIM OF THE REASON FOR MY MAKING CONTACT WITH HIM. I ASKED IF HE HAD ANY WEAPONS OR NARCOTICS ON HIM AND HE STATED THAT HE DID NOT. I ASKED PERMISSION TO SEARCH HIM, TO WHICH HE AGREED. IN THE DEFENDANTâS FRONT RIGHT POCKET I LOCATED A SMALL ORANGE PILL BOTTLE FROM A VETERINARIANâS OFFICE WITH THE DOGâS OWNER LISTED AS MR WILLIAM STEPHENS. THERE WERE EIGHT PILLS INSIDE THE BOTTLE. I ASKED DEFENDANT YATES WHAT KIND OF PILLS THEY WERE AND HE FIRST STATED ââOXYCODONEââ AND THEN STATED THEY WERE DILAUDID. I ASKED IF HE HAD A PRESCRIPTION FOR THOSE PILLS AND HE ADVISED THAT HE DID. I ASKED THE DEFENDANT WHERE THEY WERE FILLED AT AND IF HE KNEW THE DATE THEY WERE FILLED. THE DEFENDANT FIRST STATED THAT THEY WERE FILLED AT PUBLIX AND THEN STATED THEY WERE FILLED AT WALGREENS. THE DEFENDANT ADVISED THAT HE BELIEVED THE PRESCRIPTION WAS FILLED AROUND 070315. THE PILLS WERE ORANGE IN COLOR WITH A ''P'' ON ONE SIDE AND A ''2'' ON THE OTHER. THE PILLS WERE IDENTIFIED BY THE WALGREENS PHARMACIST LOCATED ON SOUTH SUNCOAST BOULEVARD AND GROVER CLEVELAND BOULEVARD AS DILAUDID 2 MG (HYDROMORPHONE). THE PHARMACIST PROVIDED ME A HISTORY FROM THE DATES OF 072611 TO 072615, CONTAINING ALL CONTROLLED SUBSTANCES THAT HAD BEEN PRESCRIBED TO OR FILLED BY DEFENDANT YATES. THIS INFORMATION WAS LOCATED UTILIZING THE E/FORCE DATABASE. THE NARCOTICS THAT I HAD LOCATED IN DEFENDANT YATESâ POCKET WERE NOT FOUND ANYWHERE ON THIS LIST WERE . THE PHARMACIST ALSO REVIEWED THIS INFORMATION AND STATED THAT THOSE NARCOTICS WERE NOT LOCATED ANYWHERE ON THE LIST. UPON MY ARRIVAL BACK ON SCENE AT THE TEXACO, I MADE CONTACT WITH DEFENDANT YATES AND OBSERVED HIM TO BE SEATED IN THE REAR OF DEPUTY STRICKLANDâS (0276) VEHICLE. I READ THE DEFENDANT HIS MIRANDA WARNING VIA PREPRINTED AGENCY ISSUED CARD AND ASKED IF HE WISHED TO SPEAK WITH ME AND HE STATED THAT HE DID. I ADVISED HIM THAT I DID NOT BELIEVE THAT THE NARCOTICS WERE PRESCRIBED TO HIM. AT FIRST, THE DEFENDANT STATED THAT THE PILLS WERE OLD. HOWEVER, WHEN I EXPLAINED TO THE DEFENDANT THAT I HAD A LIST OF THE CONTROLLED SUBSTANCES THAT HAD BEEN PRESCRIBED TO HIM, HE STATED THAT HE WOULD BE HONEST AND STATED THAT THOSE PILLS HAD NOT BEEN PRESCRIBED TO HIM. WHILE SPEAKING WITH DEFENDANT YATES, I OBSERVED HIM TO BE FIDGETING WITH HIS RIGHT SHOE. I ADVISED HIM TO TAKE HIS SHOES OFF AND I LOCATED A USED SYRINGE IN HIS RIGHT SHOE. I ASKED DEFENDANT YATES IF HE USED THE SYRINGE FOR THE DILAUDID TODAY AND HE STATED ââI DONâT SHOOT OXYCONTIN, I ONLY SHOOT DILAUDIDââ. HE DID CONFIRM THAT THE SYRINGE WAS THE ONE HE USED SHORTLY PRIOR TO MY INITIAL CONTACT WITH HIM. I THEN MADE CONTACT WITH DEPUTY VIGGIANO, WHO ADVISED THAT WHILE I WAS AT WALGREENS DEFENDANT YATES WAS STANDING OUTSIDE OF MS SHEWANâS VEHICLE. DEFENDANT YATES THEN REACHED INSIDE THE VEHICLE AND WAS HOLDING A BOX CONTAINING A GARMIN COLORADO 400 C GPS UNIT, WHICH HAS AN APPROXIMATE VALUE OF $250.00. DEPUTY VIGGIANO ADVISED THAT DEFENDANT YATES TRIED TO GIVE HIM THE GPS UNIT AND DEFENDANT YATES SAID ââIF YOU HELP ME OUT, IâLL HELP YOU OUT. ARE WE GOOD?ââ DEPUTY VIGGIANO ADVISED THAT HE DID NOT ACCEPT DEFENDANT YATESâ OFFER. DEFENDANT YATES WAS THEN HANDCUFFED (DOUBLE LOCKED)BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE. DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING, DEFENDANT YATES WAS CHARGED WITH ONE COUNT OF POSSESSION OF CONTROLLED SUBSTANCE WITH A BOND OF $2,000.00, ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA WITH A BOND OF $1,000.00, ONE COUNT OF BRIBERY WITH A BOND OF $15,000.00 AND ONE COUNT OF RETAIL PETIT THEFT WITH A BOND OF $500.00, FOR A TOTAL BOND AMOUNT OF $18,500.00, PER THE BOND SCHEDULE. ALL CONTRABAND WAS COLLECTED AND SUBMITTED TO EVIDENCE. |
