| Probable cause affidavit: |
SUBMITTED BY: SEILER, SWAIN FWC N636 (AR15-15148) did drive or was in the actual physical control of a veSSEL while under the influence of alcoholic beverages, model glue or any substance controlled under Chapter 893 or Chapter 877.111 to the extent HIS normal faculties were impaired, in violation of Florida Statute 327.35(1)(A); AND DID UNLAWFULLY HAVE IN HER 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: A DRUG PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.147(1). On Sunday, 052415, I was on water patrol on the Homosassa River just west of Monkey Island. This area is a posted ''Idle Speed'' zone year round. I observed a vessel, (bearing NUMBER FL2305HN), traveling west at a speed that violated this restriction. I conducted a vessel stop and made contact with the operator, later identified as MS Karen A MacManus (DATE OF BIRTH 081061- Defendant), and initiated a boating safety inspection. The water was calm and there was a moderate wind blowing. There was one other person on board the vessel, identified as MR Sam Schneider, (WHITE MALE, DATE OF BIRTH 052855). The Defendant was asked to produce two life jackets, one throwable flotation device, one sound producing device, one fire extinguisher, and vessel registration. During the inspection the Defendant appeared to have difficulty focusing on the task and had to be reminded of the requested items. The Defendant was unsteady on her feet and had trouble maintaining her balance. At this point, based on my training and experience, I suspected the Defendant was operating a vessel while impaired. I assisted the Defendantâs vessel to a nearby dock where it was tied off. I informed the Defendant of my suspicion and asked her to exit the vessel and perform some field sobriety exercises. The Defendant began the exercises seated on a flat stable bench on the dock. I asked THE DEFENDANT IF she was comfortable and stable and she answered with âYes.â At thAT time, I asked THE DEFENDANT preliminary questions for the field sobriety tasks and she answered âNoâ for all, except the following two questions: Do you have any physical defects or disabilities? - to this the Defendant advised she has âbad hipsâ but did not provide further information. Do you have any defects with your eyes? - to this the Defendant advised she has a âlazyâ right eye and has âdegenerative eye functionâ and wears tri-focals. All of the below tasks were explained and demonstrated for the Defendant. While seated on the bench the following tasks were performed: Horizontal Gaze Nystagmus: I read directions from prepared text and asked THE DEFENDANT if she understood the directions. There was lack of smooth pursuit in both the left and right eye. There was distinct and sustained nystagmus at maximum deviation in both the left and right eye. THE DEFENDANT also moved her head several times contrary to the instructions. During standardized field sobriety exercises, I observed the following clues of impaIRment: Finger to Nose: Did not close eyes Opened eyes during task Used other than fingertip 4 times Searched for nose once Moved head during task hesitated Palm Pat: Unable to follow instructions Did not count as instructed Stopped before told and started again Did not increase speed I then had the Defendant stand up so we could complete the following sobriety exercises: Walk and Turn: Lost balance during instructions Started before told Stopped while walking Did not touch heel-to-toe Stepped off of line Used arms to balance Improper turn Wrong number of steps One Leg Stand: Swayed while balancing Used arms to balance Put foot down In a post-Miranda interview, the Defendant stated she had consumed ''a couple of beers and some wine.'' At thAT time, based on my probable cause, I advised THE DEFENDANT she was under arrest for operating a vessel while impaired. THE DEFENDANT was handcuffed and placed on board my patrol vessel. At the Defendantâs request, MR Schneider retrieved her cellULAR TELEphone from her purse, at which time FWC Officer Brandon Ulrich observed what appeared to be a drug pipe fall from the purse and onto the deck. During an interview, MR Schneider stated that both of them had been smoking marijuana earlier that day. THE POPE WAS TAKEN AS EVIDENCE AND FIELD TESTED POSITIVE FOR TRACES OF MARIJUANA. The Defendant was transported to the Citrus County Detention Facility. Upon arrival at the Citrus County Detention Facility, THE DEFENDANT was read her implied consent requesting her to submit to an approved test of her breath to determine her breath alcohol content. According to Citrus Corrections Officer Sean McCazzio the Defendant refused and became hostile. THE DEFENDANT WAS CHARGED WITH POSSESSION OF DRUG PARAPHERNALIA AND ISSUED A CITATION, NUMBER V353964, for operating a vessel while impaired, WITH A MANDATORY COURT APPEARANCE ON 060415 AT THE CITRUS COUNTY COURTHOUSE. SHE WAS ALSO ISSUED A citation, NUMBER V353965, for THE Manatee speed zone violation. |
