| Probable cause affidavit: |
SUBMITTED BY: CRUZ, ABNER 0517 (AR12-531) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). ON 033112, I RESPONDED AS BACKUP TO DEPUTY NORTON TO THE WALGREENâS STORE AT 310 NORTHEAST HIGHWAY 19 IN REFERENCE TO A POSSIBLE RETAIL THEFT IN PROGRESS. AT THAT TIME DEPUTY PATTERSON AND DEPUTY RICHEY ALSO RESPONDED TO THE SCENE. WHILE DEPUTY PATTERSON AND DEPUTY RICHEY CONDUCTED AN INVESTIGATION ON THE POSSIBLE RETAIL THEFT, I MADE CONTACT WITH MR KENT HAMILTON, WHO WAS STANDING OUTSIDE THE STORE, IN THE PARKING LOT. I ASKED HIM IF HE HAD ANYTHING ILLEGAL ON HIS PERSON, TO WHICH HE IMMEDIATELY RESPONDED, âI HAVE A JOINT FOR MY PERSONAL USEâ, AND REACHED IN HIS LEFT SHIRT POCKET AND RETRIEVED A CIGARETTE BOX AND HANDED IT TO ME. I LOOKED INSIDE AND OBSERVED A CLEAR PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE, WHICH, DUE TO MY TRAINING AND EXPERIENCE, I RECOGNIZED AS CANNABIS. I ASKED MR HAMILTON IF HE HAD ANYTHING ELSE ILLEGAL ON HIS PERSON, TO WHICH HE STATED, NO. I ASKED HIM IF HE MINDED IF I SEARCHED HIM, TO WHICH HE STATED, âGO RIGHT AHEADâ. THE SEARCHED YIELDED NEGATIVE RESULTS. I THEN ASKED MR HAMILTON IF HE WOULD MIND IF I SEARCHED HIS VEHICLE, TO WHICH HE STATED, âGO AHEADâ. I WAS ALSO AWARE THAT MR HAMILTON HAD PREVIOUSLY GIVEN CONSENT TO DEPUTY PATTERSON WHO WAS NOW INSIDE THE STORE, TO SEARCH HIS VEHICLE. UPON SEARCHING THE VEHICLE; A 1986 DODGE PICKUP TRUCK, WHITE IN COLOR, I DID LOCATE IN THE BED OF THE TRUCK IN PLAIN VIEW, TWO HYPODERMIC NEEDLES AND A PACK OF ROLLING PAPERS. UPON FURTHER SEARCH I DISCOVERED, ON THE FLOORBOARD OF THE PASSENGER SIDE, A SPOON CONTAINING A WHITE SUBSTANCE AND, WHAT APPEARED TO BE A CIGARETTE FILTER ON IT. THE SUBSTANCE ON THE SPOON WAS LATER TESTED AND YIELDED POSITIVE FOR COCAINE. ALSO, IN THE TOOL BOX OF THE PICKUP TRUCK, WAS LOCATED A GLASS PIPE CONTAINING MARIJUANA RESIDUE. AN ELECTRIC RAZOR WAS ALSO LOCATED, WHICH WAS CONSISTENT WITH THE INVESTIGATION WHICH DEPUTY PATTERSON WAS CONDUCTING REFERENCE THE STOLEN ELECTRIC RAZOR FROM WALGREENâS. AT THAT TIME THE DEFENDANT, MR KENT V HAMILTON, JR., WAS PLACED UNDER ARREST FOR POSSESSION OF CANNABIS UNDER 20 GRAMS. HE WAS HANDCUFFED, DOUBLE LOCKED AND PLACED IN THE REAR SEAT OF DEPUTY RICHEYâS PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT ALSO SIGNED A CONSENT TO SEARCH OF THE VEHICLE. ALL EVIDENCE WAS TURNED IN AT THE EVIDENCE LOCKER AT THE EMERGENCY OPERATIONâS CENTER. THE DEFENDANTâS BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. |
