| Probable cause affidavit: |
SUBMITTED BY: INDORATO, THOMAS 0712 (AR15-17551) did unlawfully and knowingly obtain, use or endeavor to obtain or use the property of VICTIM to-wit: IN POSSESSION OF A 2003 FORD EXCURSION LISTED AS STOLEN OUT OF NEW HAMPSHIRE, by exercising control over said property with the intent to either temporarily or permanently deprive THE OWNER OF THE PROPERTY of a right to the property or a benefit thereof, or did appropriate the property to HIS own use or the use of any person not entitled thereto, and knew or should have known that said property was stolen, in violation of Florida Statutes 812.014(1) and 812.014(2)(c). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO-WIT: THREE CLEAR PLASTIC BAGGIES CONTAINING A TOTAL WEIGHT OF 7.2 GRAMS OF METHAMPHETAMINE ALONG WITH MULTIPLE PLASTIC BAGGIES IN DIFFERENT SIZES AND MULTIPLE DENOMINATIONS OF CURRENCY, WITH THE INTENT TO SELL THE SAID SUBSTANCE TO ANOTHER PERSON, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(1). DID HAVING BEEN CONVICTED OF A FELONY, UNLAWFULLY OWN OR HAVE IN HIS CARE, CUSTODY, POSSESSION OR CONTROL AMMUNITION, TO-WIT: TWO LIVE ROUNDS OF .22 CALIBER AMMUNITION IN VIOLATION OF FLORIDA STATUTE 790.23(1)(A); DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: THREE CLEAR PLASTIC BAGGIES CONTAINING A TOTAL WEIGHT OF 7.7 GRAMS OF CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). 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: THREE CUT STRAWS AND A SMALL PLASTIC CONTAINER WITH RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). IT IS UNLAWFUL FOR A PERSON WHO HAS BEEN ARRESTED OR LAWFULLY DETAINED BY A LAW ENFORCEMENT OFFICER TO GIVE A FALSE NAME, OR OTHERWISE FALSELY IDENTIFY HIMSELF OR HERSELF IN ANY WAY, TO THE LAW ENFORCEMENT OFFICER OR ANY COUNTY JAIL PERSONNEL, TO WIT: PROVIDED THIS DEPUTY WITH A FLORIDA DRIVER'S LICENSE with THE NAME OF DONALD E WILBUR IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 901.36(1). ON 120915, AT APPROXIMATELY 2038 HOURS, WHILE CONDUCTING TRAFFIC ENFORCEMENT IN BEVERLY HILLS, I OBSERVED A 2003 BLACK FORD EXCURSION BEARING NEW HAMPSHIRE LICENSE PLATE NUMBER 3881421 HEADING WESTBOUND ON BEVERLY HILLS BOULEVARD. UPON the VEHICLE PASSING MY LOCATION, I OBSERVED THE TAG LIGHT TO BE INOPERABLE AND THE TAG TO BE COMPLETELY DARK. I THEN POSITIONED MY MARKED PATROL VEHICLE BEHIND SAID VEHICLE AND ACTIVATED MY OVERHEAD EMERGENCY EQUIPMENT TO INITIATE A TRAFFIC STOP. THE VEHICLE CAME TO A FINAL STOP ON NORTH LECANTO BOULEVARD JUST NORTH OF THE INTERSECTION OF BEVERLY HILLS BOULEVARD. SHORTLY LATER, DEPUTY MILLER (1337) ARRIVED ON SCENE. I THEN MADE CONTACT WITH THE DRIVER/DEFENDANT, MR KEVIN ALLEN, AND THE FRONT SEAT PASSENGER/WITNESS, MS MILIDANTRI, ON A PASSENGER SIDE APPROACH. I THEN REQUESTED THE DEFENDANT'S IDENTIFICATION TO WHICH HE PROVIDED A FLORIDA DRIVER'S LICENSE BEARING THE NAME, DONALD WILBUR, ALONG with THE VEHICLE REGISTRATION AND PROOF OF INSURANCE. THE DEFENDANT STATED THAT HE KNEW THE CORNER OF HIS DRIVER'S LICENSE WAS CUT AND HIS OTHER ONE WAS AT HOME. IDENTIFICATION WAS ALSO OBTAINED FROM MS MILIDANTRI ALONG WITH the VEHICLE REGISTRATION. I ADVISED the DEFENDANT THE REASON FOR THE TRAFFIC STOP, WHICH HE ADVISED THAT IT WAS NOT HIS VEHICLE AND HE DID NOT KNOW THAT THE LIGHT WAS NOT WORKING. I THEN ASKED BOTH OCCUPANTS IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE AND ASKED THE DEFENDANT IF HE WOULD GIVE CONSENT TO SEARCH. THE DEFENDANT BEGAN TO TALK VERY FAST AND ADVISED THAT HE COULD NOT GIVE CONSENT DUE TO THE FACT THAT THE VEHICLE WAS NOT HIS. I THEN ADVISED the DEFENDANT THAT I WOULD BE CONDUCTING AN EXTERIOR VEHICLE SNIFF UTILIZING MY CANINE PARTNER AT WHICH TIME THE DEFENDANT STATED MULTIPLE TIMES I COULD NOT WALK MY CANINE AND I DID NOT HAVE PROBABLE CAUSE IN ORDER TO DO SO. I THEN RETURNED BACK TO MY PATROL VEHICLE TO RUN A WANT AND WARRANTS AND DRIVER'S LICENSE STATUS. DEPUTY MILLER STOOD ON the DRIVER SIDE OF THE VEHICLE OBSERVING BOTH OCCUPANTS. WHILE WAITING FOR THE RESULTS TO COME BACK FROM TELETYPE, I CONDUCTED A 360 DEGREE SNIFF OF THE FREE PUBLIC AIR SPACE SURROUNDING A BLACK IN COLOR 2003 FORD EXCURSION BEARING NEW HAMPSHIRE LICENSE PLATE 3881421. CANINE REPO ALERTED TO THE PRESENCE OF A CONTROLLED SUBSTANCE ODOR ON the PASSENGER SIDE FRONT DOOR SEAM. CANINE REPO WAS THEN RE-SECURED. THE DEFENDANT WAS THEN ASKED TO STEP OUT OF THE VEHICLE WHERE HE WAS THEN PATTED DOWN FOR WEAPONS, WHICH MET WITH NEGATIVE RESULTS. MS MILIDANTRI WAS ALSO ASKED TO STEP OUT OF THE VEHICLE. SHE WAS VISUALLY OBSERVED FOR WEAPONS, WHICH MET WITH NEGATIVE RESULTS. I THEN ADVISED THE DEFENDANT THAT THE CANINE HAD ALERTED TO THE VEHICLE AT WHICH TIME THE DEFENDANT LEANED UP AGAINST THE FRONT BUMPER OF THE PATROL VEHICLE AND DROPPED HIS HEAD. DEPUTY MILLER THEN STOOD BY WHILE I CONDUCTED A HAND SEARCH OF THE INTERIOR OF THE VEHICLE. WHILE SEARCHING THE PASSENGER SIDE OF THE VEHICLE, DEPUTY MILLER ADVISED THAT THE DEFENDANT PROVIDED HIM WITH HIS REAL NAME OF KEVIN ALLEN AND DATE OF BIRTH. THE DEFENDANT TOLD DEPUTY MILLER THAT HE DID NOT WANT THE PASSENGER TO GET IN TROUBLE AND THAT OF THE ITEMS WERE HERS. HE STATED HE HAD AN OUT OF COUNTY WARRANT. TELETYPE WAS PROVIDED THE DEFENDANT'S REAL NAME, which CONFIRMED THAT the DEFENDANT HAD MULTIPLE OUT OF COUNTY WARRANTS. TELETYPE ALSO ADVISED THAT THE DEFENDANT'S DRIVER'S LICENSE WAS SUSPENDED ON 032515, FOR FAILURE TO PAY TRAFFIC FINE. DEPUTY MILLER THEN BEGAN TO CONDUCT A SEARCH INCIDENT TO ARREST OF THE DEFENDANT'S PERSON. DEPUTY MILLER LOCATED IN THE DEFENDANT'S LEFT FRONT POCKET TWO CLEAR PLASTIC BAGGIES, ONE WITH A NIKE CHECK ON the OUTSIDE AND THE other WITH CLOVES ON the OUTSIDE CONTAINING A CRYSTAL-LIKE SUBSTANCE. UPON OBSERVING THE CRYSTAL-LIKE SUBSTANCE, I RECOGNIZED THE CRYSTAL-LIKE SUBSTANCE THROUGH MY TRAINING AND EXPERIENCE TO POSSIBLY BE THE PRESENCE OF METHAMPHETAMINE. IN THE SAME POCKET, DEPUTY MILLER LOCATED FIVE $10.00 BILLS WITH A TOTAL AMOUNT OF CURRENCY OF $50.00. THE DEFENDANT WAS THEN PLACED IN THE REAR OF DEPUTY MILLER'S PATROL VEHICLE. I THEN CONTINUED TO SEARCH THE INTERIOR OF THE VEHICLE WHERE I LOCATED A BLACK ZIPPERED EYEGLASS CASE IN THE PASSENGER SIDE FRONT DOOR POCKET. UPON OPENING THE ZIPPERED CASE, I LOCATED A METAL SPOON, COTTON, ALCOHOL SWABS AND THREE HYPODERMIC NEEDLES. WHILE SEARCHING THE CONSOLE AREA, TWO LIVE .22 CALIBER ROUNDS WERE LOCATED INSIDE OF THE OPEN ASHTRAY IN PLAIN VIEW. CONTACT WAS LATER MADE WITH WARRANTS, WHICH CONFIRMED THE DEFENDANT WAS A CONVICTED FELON IN the STATE OF FLORIDA. UPON SEARCHING BEHIND THE DRIVER SIDE FRONT SEAT, I LOCATED A METAL BOX TO BE LYING ON THE DRIVER SIDE FLOORBOARD. UPON OPENING THE CONTAINER, I LOCATED MULTIPLE CLEAR PLASTIC BAGGIES WITH THE DESIGN OF A CLOVE AND NIKE CHECK WHICH WERE IDENTICAL TO THE TWO PLASTIC BAGGIES FOUND ON the DEFENDANT'S PERSON THAT CONTAINED METHAMPHETAMINE. ANOTHER PLASTIC BAGGIE WITH the DESIGN OF A CLOVE WAS FOUND INSIDE THE CONTAINER CONTAINING A CRYSTAL-LIKE SUBSTANCE WHICH THROUGH MY TRAINING AND EXPERIENCE I RECOGNIZED TO POSSIBLY BE METHAMPHETAMINE. TWO MORE PLASTIC BAGGIES WITH the DESIGN OF CLOVES WERE LOCATED CONTAINING A GREEN LEAFY SUBSTANCE WHICH THROUGH MY TRAINING AND EXPERIENCE I IDENTIFIED TO BE CANNABIS. ANOTHER CLEAR PLASTIC BAGGIE WITH THE DESIGN OF SKULLS WAS ALSO LOCATED WITH THE GREEN LEAFY SUBSTANCE. TWO CUT BLUE PLASTIC STRAWS, A CUT WHITE STRAW AND A SMALL PLASTIC CONTAINER WITH A WHITE LID WERE LOCATED IN THE METAL BOX WITH RESIDUE. UPON OBSERVING THE BOTTOM OF THE METAL CONTAINER, MULTIPLE FOLDED DENOMINATIONS OF CURRENCY WAS LOCATED. TWENTY EIGHT OF THE FOLDED CURRENCY TOTALED IN AN AMOUNT OF $100.00 EACH. A SINGLE $100.00 BILL AND A SEPARATE FOLDED AMOUNT OF CURRENCY TOTALING $80.00 WAS ALSO LOCATED IN THE CONTAINER. SERGEANT MARSHALL (0453) WAS PRESENT FOR THE COUNTING OF THE CURRENCY TOTALING THE AMOUNT OF $3030.00 INCLUDING THE AMOUNT OF $50.00 FOUND ON the DEFENDANT'S PERSON. DUE TO THE WAY THE CURRENCY WAS FOLDED AND THE MULTIPLE PLASTIC BAGGIES, IT WAS CONSISTENT WITH the SELLING OF NARCOTICS. CONTACT WAS MADE WITH MS MILIDANTRI WHERE SHE WAS ASKED ABOUT THE BLACK ZIPPERED POUCH that WAS FOUND IN CLOSE PROXIMITY OF WHERE SHE WAS SITTING. MS MILIDANTRI ADVISED THAT SHE JUST GOT INSIDE THE VEHICLE AND SHE HAD NO IDEA WHO THE BLACK ZIPPERED POUCH BELONGED TO. SERGEANT MARSHALL ATTEMPTED TO CONDUCT AN INTERVIEW with THE DEFENDANT. THE DEFENDANT ADVISED HE waNTED TO SPEAK with HIS LAWYER AND NO FURTHER questions WERE ASKED BY SERGEANT MARSHALL. UPON RUNNING THE NEW HAMPSHIRE LICENSE PLATE ON TELETYPE, TELETYPE RECEIVED A HIT THAT THE VEHICLE WAS LISTED AS STOLEN OUT OF NEW HAMPSHIRE, WHICH WAS LATER CONFIRMED. THE DEFENDANT'S BLACK KYOCERA CELLULAR TELEPHONE AND BLACK LG CELLULAR TELEPHONE WERE LOCATED BY THE DRIVER SEAT OF THE VEHICLE. DUE TO MY TRAINING AND EXPERIENCE, IT HAS BEEN ESTABLISHED THAT THE LINK BETWEEN NARCOTIC SALES AND POSSESSION AND CELLULAR TELEPHONES ARE COMMON. CELLULAR COMMUNICATION EITHER BY VOICE OR TEXT IS OFTEN USED TO FACILITATE DRUG TRANSACTIONS. IT WAS BELIEVED THAT the DEFENDANT'S CELLULAR TELEPHONE CONTAINED MESSAGES AND OTHER EVIDENCE THAT WAS PERTINENT TO THIS INVESTIGATION. DUE TO THE LOCATION OF THE CURRENCY BEING IN THE SAME CONTAINER AS THE DRUGS, THE AMOUNT OF $3030.00 WAS SEIZED AND A FORFEITURE NOTICE WAS FILLED OUT AND SIGNED BY the DEFENDANT. THE DEFENDANT WAS GIVEN A CITRUS COUNTY WRITTEN WARNING, NUMBER 401966B, FOR AN INOPERABLE FLORIDA LICENSE PLATE NUMBER LIGHT. THE DEFENDANT WAS ISSUED A CRIMINAL CITATION, NUMBER A1P28BP, FOR KNOWINGLY DRIVING WHILE LICENSE SUSPENDED WITH A MANDATORY COURT APPEARANCE OF 010716, AT 1300 HOURS. A ROTATION WRECKER WAS CONTACTED. SCALLY'S ARRIVED ON SCENE AND TOOK POSSESSION OF THE VEHICLE. THE VEHICLE INVENTORY AND TOW SHEET AND THE COPIES OF THE CITATIONS WERE LATER TURNED IN TO RECORDS. the CLEAR PLASTIC BAGGIE WITH THE CLOVER DESIGN ALONG WITH THE NIKE CHECK DESIGN PLASTIC BAGGIE CONTAINING the METHAMPHETAMINE WERE LATER WEIGHED WITH A TOTAL APPROXIMATE WEIGHT OF THREE GRAMS. THE CLEAR PLASTIC BAGGIE WITH THE CLOVER DESIGN THAT WAS FOUND INSIDE THE METAL CONTAINER WAS LATER WEIGHED WITH AN APPROXIMATE WEIGHT OF 4.2 GRAMS. THE THREE PLASTIC BAGGIES CONTAINING THE CANNABIS WAS LATER WEIGHTED WITH AN APPROXIMATE TOTAL WEIGHT OF 7.7 GRAMS. THE CRYSTAL-LIKE SUBSTANCE LOCATED IN the BAGGIES WERE FIELD TESTED UTILIZING A PREPACKAGED Q-TIP AND AN AGENCY FIELD TEST KIT, which YIELDED A POSITIVE RESULT FOR THE PRESENCE OF METHAMPHETAMINE. THE GREEN LEAFY SUBSTANCE WAS FIELD TESTED UTILIZING AN AGENCY ISSUED FIELD TEST KIT, which YIELDED A POSITIVE RESULT OF THE PRESENCE OF CANNABIS. ALL CONTRABAND WAS LATER TURNED IN TO EVIDENCE ALONG with THE FALSE IDENTIFICATION THAT the DEFENDANT PROVIDED THIS DEPUTY. DEPUTY MILLER TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. BOND was set at $25,500.00 per the bond schedule. |
