| Probable cause affidavit: |
SUBMITTED By: CANFIELD, ANDRA 0464 (AR12-1034) DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: OXYCODONE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(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: THREE NEEDLES AND SYRINGES (ONE CONTAINING A BLUE LIQUID SUBSTANCE, ONE EMPTY ONE, AND ONE CONTAINING A SMALL AMOUNT OF A CLEAR BLOODY TINTED FLUID) AND A SPOON WITH RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B). ON 050512, I WAS DISPATCHED TO THE AREA OF NORTH HARRISON STREET, IN REFERENCE TO A MALE AND FEMALE SITTING IN A VEHICLE ON THE SIDE OF THE ROAD PASSED OUT. THE ANONYMOUS COMPLAINANT ADVISED THAT HE WAS UNABLE TO WAKE THE COUPLE UP AND REQUESTED LAW ENFORCEMENT. UPON ARRIVING IN THE AREA CLOSE TO THE INTERSECTION OF NORTH HARRISON AND STARJASMINE, I OBSERVED THE MAROON SUBARU ON THE SIDE OF THE ROAD BEARING FLORIDA TAG K463YR. UPON WALKING UP TO THAT VEHICLE, I NOTICED A MALE DRIVER AND A FEMALE PASSENGER WHO APPEARED TO BE SLEEPING. I WALKED UP to the PASSENGER SIDE OF THE VEHICLE AND WAS CLEARLY ABLE TO OBSERVE THEM SINCE ALL OF THE WINDOWS WERE ROLLED DOWN. THE PASSENGER/DEFENDANT, MS KAYLENE SMITH, HAD A RUBBER BAND WRAPPED AROUND HER UPPER ARM APPROXIMATELY TWO INCHES ABOVE THE ELBOW. THE CREASE OF HER ELBOW DID HAVE SOME DROPS OF BLOOD AND I OBSERVED A SYRINGE LYING BELOW HER ELBOW IN THE SEAT AREA NEXT TO HER ARM. I ALSO WAS ABLE TO PLAINLY OBSERVE HER POCKETBOOK WITH SEVERAL MEDICATIONS AND LOADED SYRINGE FULL OF A BLUE SUBSTANCE AS WELL AS A THIRD SYRINGE WITH A CLEAR LIQUID BLOOD TINGED SUBSTANCE IN IT. AT THAT TIME, I WAS ABLE TO WAKE BOTH THE DEFENDANT AND THE DRIVER, IDENTIFIED AS MR JEREMY BILLUPS, AND THOUGH THEY SEEMED TO BE DISORIENTED FOR THE FIRST FEW MINUTES, THEY DID UNDERSTAND AND ACKNOWLEDGE WHERE THEY WERE AND THAT I WAS A LAW ENFORCEMENT OFFICER. I ASKED WHAT THEY WERE DOING, AND NEITHER PARTY COULD EXPLAIN. AT THAT POINT, I DID ASK THE DEFENDANT WHAT SHE WAS DOING with the NEEDLES AND SYRINGES AND THE ELASTIC BAND AROUND HER ARM. SHE INITIALLY SAID SHE DID NOT KNOW WHAT HAPPENED AND AT THAT TIME, MR BILLUPS STATED THAT IT WAS OXYCONTIN IN THE SYRINGE, BUT THAT HE DID HAVE A PRESCRIPTION, HOWEVER, MS SMITH ADVISED THAT SHE DID NOT HAVE A PRESCRIPTION AND THAT SHE HAD BEEN SOBER UNTIL JUST RECENTLY. I DID FIND A METAL SPOON SITTING BETWEEN BOTH OF THEM THAT DID HAVE A LIQUID TYPE MATERIAL IN IT, HOWEVER, IT DID NOT TEST POSITIVE FOR HEROINE OR COCAINE. I SIMPLY ASKED WHAT IT WAS AND THE DEFENDANT STATED SHE, “THOUGHT IT WAS OXY.” AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR POSSESSION OF A CONTROLLED SUBSTANCE AND DRUG PARAPHERNALIA AND PLACED IN MY PATROL VEHICLE. AS I WAS WALKING AWAY SHE ASKED TO SPEAK TO ME AND AT THAT TIME, SHE WAS READ HER MIRANDA RIGHTS VIA THE PREPRINTED CARD. SHE STATED THAT SHE DID WANT TO SPEAK TO ME AND STATED THAT IT WAS MR BILLUPS WHO GAVE HER THE OXYCONTIN AND THAT HE WAS IN FACT THE ONE THAT WAS, “SHOOTING HER UP WITH THE MEDS ALL THROUGH THE NIGHT.” SHE FURTHER ADVISED THAT SHE BELIEVED THE LOADED SYRINGE IN HER PURSE WAS ALSO OXYCONTIN THAT SHE MUST HAVE PUT IN THERE AT AN UNKNOWN TIME THROUGH THE NIGHT. SHE DID ADVISE THAT SHE did NOT HAVE ANY TYPE OF PRESCRIPTION FOR OXYCONTIN AND THAT SHE BELIEVED MR BILLUPS, THOUGH HE HAd A PRESCRIPTION, WAS BUYING IT OFF THE STREET FROM AN UNKNOWN PERSON. AT THAT TIME, MR BILLUPS WAS ADVISED THAT HIS LICENSE WAS SUSPENDED AND WAS RELEASED FROM THE SCENE. MS SMITH WAS THEN TRANSPORTED TO the DETENTION FACILITY AND CHARGED WITH ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE AND POSSESSION OF DRUG PARAPHERNALIA. HER BOND WAS SET AT $5,500.00 PER THE BOND SCHEDULE. THE NEEDLES AND SYRINGES AND THE METAL SPOON WERE TURNED IN TO EVIDENCE. |
