| Probable cause affidavit: |
SUBMITTED BY: MARSHALL, EVAN 1336 (AR16-18022)(16-10924) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY MARSHALL, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: REFUSING TO STEP BACK WHILE I WAS SEARCHING A VEHICLE AND COMING TOWARDS ME IN AN AGGRESSIVE MANNER AFTER REPEATED WARNINGS TO STEP BACK WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY BEHNEN, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT DID PULL AWAY FROM DEPUTY BEHNEN AND RESIST HIM AFTER THE DEFENDANT WAS TOLD SHE WAS BEING PLACED UNDER ARREST AND DEPUTY BEHNEN WAS ATTEMPTING TO HANDCUFF HER WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 012416, I WAS TRAVELING BEHIND DEPUTY BEHNEN WHEN I OBSERVED A VEHICLE TRAVELING IN THE OPPOSITE DIRECTION WITH AN INOPERABLE HEADLIGHT. I OBSERVED DEPUTY BEHNEN MAKE A U-TURN AND GET BEHIND THE VEHICLE AND ACTIVATE HIS EMERGENCY LIGHTS AND SIGNALS. I ALSO TURNED ON MY EMERGENCY LIGHTS AND SIGNALS RESPONDING TO DEPUTY BEHNEN'S TRAFFIC STOP AS BACKUP. DEPUTY BEHNEN MADE CONTACT WITH THE DRIVER, SYDNEY MORGAN, AND OBTAINED HER FLORIDA LEARNER'S LICENSE. DEPUTY BEHNEN BEGAN CHECKING SYDNEY THROUGH FCIC/NCIC WHILE I STOOD AT DEPUTY BEHNEN'S PATROL VEHICLE DRIVER DOOR. DEPUTY BEHNEN INFORMED ME THAT SYDNEY'S LEARNER'S LICENSE WAS SUSPENDED ON 120215 DUE TO NONCOMPLIANCE WITH SCHOOL ATTENDANCE. DEPUTY BEHNEN BEGAN WRITING SYDNEY A WRITTEN WARNING FOR THE HEADLIGHT WHILE I ASKED SYDNEY TO STEP OUT OF THE VEHICLE AND COME BACK TO THE FRONT OF DEPUTY BEHNEN'S PATROL VEHICLE TO SPEAK WITH ME, IN WHICH SHE DID SO. I ASKED SYDNEY WHY HER LEARNER'S LICENSE WAS SUSPENDED AND SHE STATED BECAUSE OF DOCTOR APPOINTMENTS SHE HAD MISSED A FEW DAYS OF SCHOOL, HOWEVER SHE DID NOT KNOW HER LEARNER'S LICENSE WAS SUSPENDED. AT THAT TIME I WALKED TO THE PASSENGER SIDE OF THE VEHICLE AND SPOKE WITH THE PASSENGER, MR DAKOTA JEANTET FEULNER. I ASKED MR JEANTET FEULNER IF HE MINDED PROVIDING ME SOME IDENTIFICATION, IN WHICH HE PROVIDED ME A FLORIDA DRIVER'S LICENSE. I THEN WALKED BACK TO DEPUTY BEHNEN'S PATROL VEHICLE AND I ASKED SYDNEY IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE, AND IF SHE MINDED IF WE SEARCHED IT. SYDNEY STATED THAT WAS OKAY AND THAT THERE WAS NOTHING ILLEGAL IN THE VEHICLE. AT THAT TIME I ASKED MR JEANTET FEULNER TO STEP OUT OF THE VEHICLE AND STAND IN FRONT OF DEPUTY BEHNEN'S PATROL VEHICLE WHILE I CONDUCTED A SEARCH. BEFORE BEGINNING MY SEARCH SYDNEY, WHO HAD BEEN ON THE TELEPHONE SINCE THE BEGINNING OF THE TRAFFIC STOP WITH HER MOTHER, SAID SHE WAS WITHDRAWING HER CONSENT AND SHE DID NOT CONSENT TO A VEHICLE SEARCH. AT THAT TIME I WALKED BACK TO DEPUTY BEHNEN'S PATROL VEHICLE AND TOOK OVER RUNNING MR JEANTET FEULNER AND SYDNEY THROUGH FCIC/NCIC WHILE DEPUTY BEHNEN CONDUCTED A CANINE WALK WITH HIS CANINE JERRY LEE AROUND THE VEHICLE. DEPUTY BEHNEN ADVISED ME HIS CANINE JERRY LEE DID ALERT ON THE VEHICLE. DEPUTY BEHNEN RESUMED WRITING A WARNING AND WAITING FOR MR JEANTET FEULNER'S INFORMATION TO COME BACK ON FCIC/NCIC WHILE I BEGAN A VEHICLE SEARCH. AS I BEGAN MY VEHICLE SEARCH I STARTED ON THE DRIVER FRONT COMPARTMENT. WHILE LOOKING UNDER THE DRIVER SEAT I WAS ON MY KNEES, ON THE SIDE OF THE ROAD, WITH THE DRIVER DOOR OF SYDNEY'S VEHICLE OPEN. AT THAT TIME I HEARD AN ENGINE RACING, TIRES SQUEALING, AND A HORN OF A VEHICLE BEING BLOWN. I LOOKED UP AND OBSERVED A WHITE FORD SUPER-DUTY TRUCK TRAVELING IN MY DIRECTION, DIRECTLY AT ME, AT A HIGH RATE OF SPEED. APPEARING THAT THE VEHICLE WAS GOING TO RUN MYSELF OVER, I ATTEMPTED TO CLIMB INSIDE OF SYDNEY'S VEHICLE, HOWEVER DID NOT MAKE IT DUE TO HER SEAT BEING SO FAR FORWARD. THE WHITE FORD SUPER-DUTY CAME TO A STOP, JUST SHY OF WHERE I WAS STANDING AND THE DEFENDANT, MS KELLIE MORGAN, JUMPED OUT OF THE DRIVER SEAT AND BEGAN RUNNING AROUND THE VEHICLE, IN MY DIRECTION. MR DALLAS MORGAN ALSO JUMPED OUT OF THE PASSENGER SEAT AND BEGAN WALKING QUICKLY IN MY DIRECTION. BOTH MR MORGAN AND THE DEFENDANT BEGAN YELLING TO STOP THE VEHICLE SEARCH AND THAT WE WERE CONDUCTING AN ILLEGAL SEARCH, AND THAT WE NEEDED A SEARCH WARRANT TO SEARCH A VEHICLE. I STEPPED BACK WITH MY BACK AGAINST SYDNEY'S VEHICLE, HAVING NO OTHER PLACE TO GO, AND YELLED AT THE DEFENDANT TO STOP RUNNING IN MY DIRECTION. BOTH MR MORGAN AND THE DEFENDANT CROWDED AROUND ME SCREAMING OBSCENITIES AND YELLING TO GET AWAY FROM SYDNEY'S VEHICLE. I TOLD THE DEFENDANT TO STEP BACK DUE TO HER BEING CLOSE TO ME AND COMING TOWARD ME IN AN AGGRESSIVE MANNER. THE DEFENDANT CONTINUED TO PROCEED, AT WHICH TIME I TOLD HER IF SHE DID NOT STOP SHE WOULD BE PLACED UNDER ARREST FOR RESISTING. THE DEFENDANT DID NOT STOP AND CONTINUED TO COME IN MY DIRECTION WHILE YELLING AGGRESIVLEY. AT THAT TIME DEPUTY BEHNEN EXITED HIS VEHICLE AND RAN TOWARDS ME AFTER SEEING AND HEARING WHAT WAS GOING ON. HE TOLD THE DEFENDANT THAT SHE WAS UNDER ARREST AND TO PLACE HER HANDS BEHIND HER BACK. THE DEFENDANT POINTED HER FINGER TOWARDS DEPUTY BEHNEN'S CHEST AND TOLD HIM "FUCK YOU", AT WHICH TIME I TOLD THE DEFENDANT TO PLACE HER HANDS BEHIND HER BACK THAT SHE WAS UNDER ARREST. DEPUTY BEHNEN GRABBED THE DEFENDANT'S ARM ATTEMPTING TO PLACE HER IN HANDCUFFS AND SHE BEGAN PULLING AWAY, TRYING TO GET BACK INTO THE WHITE FORD TRUCK. DEPUTY BEHNEN WAS ABLE TO GAIN CONTROL OF THE DEFENDANT AND PLACE HER IN HANDCUFFS BEHIND HER BACK. DEPUTY BEHNEN WALKED THE DEFENDANT TO THE REAR OF MY PATROL VEHICLE AND SEATED HER IN IT. AT THAT TIME I TURNED AND ADDRESSED MR MORGAN, WHO WAS STILL STANDING AND YELLING NEAR ME, AND INFORMED HIM IF HE DID NOT STEP BACK HE WOULD ALSO BE ARRESTED FOR RESISTING. MR MORGAN GOT INTO THE WHITE FORD PICKUP TRUCK AND WENT AND PARKED IT IN A PARKING SPOT. FROM THE PARKING SPOT MR MORGAN CONTINUED TO YELL AND SCREAM ACROSS THE PARKING LOT AND ALSO TO TELL PEOPLE WALKING OUT OF THE STORE THAT THE SHERIFF'S OFFICE WAS VIOLATING PEOPLE'S RIGHTS AND WRONGFULLY ARRESTING PEOPLE. AT THAT TIME BACKUP UNITS ARRIVED FOR SCENE SECURITY. I THEN CONTINUED TO SEARCH SYDNEY'S VEHICLE. INSIDE SYDNEY'S CENTER CONSOLE WAS A SILVER MIRROR WITH COCAINE RESIDUE ON IT. THE MIRROR WAS TESTED USING AN AGENCY ISSUED FIELD TEST KIT. ALSO IN THE TRUNK WAS A PURSE, WHICH WAS BELIEVED TO BE THE DEFENDANT'S DUE TO HER HAVING SEVERAL CARDS IN THERE WITH HER NAME ON IT. IN THE PURSE I FOUND A WHITE SANDWICH BAG CONTAINING COCAINE RESIDUE WHICH WAS ALSO TESTED USING A FIELD TEST KIT YIELDING A POSITIVE RESULT FOR COCAINE. DUE TO THE POSSESSION BEING CONSTRUCTIVE, AND ONE OF THE PIECES OF PARAPHERNALIA BEING FOUND IN A PURSE WHICH WAS NOT SYDNEY'S, SYDNEY AND MR JEANTET FEULNER WERE RELEASED ON SCENE. SYDNEY WAS GIVEN A WARNING FOR HER LICENSE, AS WELL AS A WARNING FOR THE INOPERABLE HEADLIGHT OF THE VEHICLE BY DEPUTY BEHNEN. I COLLECTED THE MIRROR AND SANDWICH BAGGIE WITH COCAINE RESIDUE WHICH WAS TURNED IN TO EVIDENCE FOR DESTRUCTION. I THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS CHARGED WITH TWO COUNTS OF RESIST OFFICER WITHOUT VIOLENCE. THE REASON THE DEFENDANT WAS CHARGED WITH TWO COUNTS WAS BECAUSE THE DEFENDANT RESISTED THIS DEPUTY AND OBSTRUCTING THE TRAFFIC STOP AFTER REPEATED VERBAL WARNINGS FROM THIS DEPUTY AND AFTER BEING TOLD SHE WAS BEING PLACED UNDER ARREST, RESISTED DEPUTY BEHNEN AS WELL BY PULLING AWAY FROM HIM. SEE DEPUTY BEHNEN'S SUPPLEMENT FOR FURTHER INFORMATION REGARDING THIS CASE. THE DEFENDANT'S BOND WAS SET AT $2,000.00, PER THE BOND SCHEDULE FOR TWO COUNTS OF RESISTING AN OFFICER WITH VIOLENCE. |
