Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0652 (AR 15-14237) (15-33106) ON 031215, AT APPROXIMATELY 1923 HOURS, WHILE PATROLLING THE AREA OF TURNER CAMP ROAD AND NORTH TWIN LAKES DRIVE IN INVERNESS, I OBSERVED A RED FOUR DOOR MITSUBISHI, BEARING FLORIDA LICENSE PLATE BDHS75, APPROACH THE INTERSECTION OF WHITE BOULEVARD AND NORTH TWIN LAKES DRIVE FAIL TO COME TO A COMPLETE STOP AT THE STOP SIGN. THE VEHICLE THEN BEGAN HEADING TOWARDS TURNER CAMP ROAD. I MADE A U-TURN BEHIND THE VEHICLE. THE VEHICLE APPROACHED THE INTERSECTION OF NORTH TWIN LAKES DRIVE AND TURNER CAMP ROAD AND ONCE AGAIN FAILED TO COME TO A COMPLETE STOP AT THE INTERSECTION. I ACTIVATED MY EMERGENCY LIGHTS AND SIREN, STOPPING THE VEHICLE NEAR QUAIL ROOST DRIVE. I APPROACHED THE VEHICLE ON A PASSENGER SIDE APPROACH AND ASKED THE DRIVER, MS MEGAN PECK, AND THE PASSENGER, LATER IDENTIFIED AS THE DEFENDANT, MR KEVIN PECK, FOR THEIR IDENTIFICATION, REGISTRATION, AND INSURANCE, WHICH THEY PROVIDED. WHILE SPEAKING WITH THE OCCUPANTS, I COULD SMELL A STRONG ODOR OF WHAT I BELIEVED, THROUGH MY TRAINING AND EXPERIENCE, WAS CANNABIS. I ASKED MS PECK FOR CONSENT TO SEARCH the VEHICLE. SHE STATED ''YES, THAT would BE FINE.'' I RETURNED TO MY VEHICLE AND CONDUCTED AN FCIC/NCIC CHECK ON BOTH PARTIES. I RETURNED TO THE VEHICLE AT WHICH TIME MS PECK HAD ALREADY EXITED the VEHICLE AND WAS SPEAKING WITH ANOTHER DEPUTY. I ASKED WHY HER CAR SMELLS LIKE MARIJUANA. SHE STATED ''I DON'T HAVE ANYTHING ON ME.'' I MADE CONTACT WITH THE DEFENDANT AND ASKED HIM TO STEP OUT OF THE VEHICLE. WHEN HE EXITED, THE SMELL OF CANNABIS GOT STRONGER. I DETAINED THE DEFENDANT IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK WHILE I CONTINUED MY INVESTIGATION. I BEGAN SEARCHING THE PASSENGER SEAT AREA WHERE THE DEFENDANT HAD BEEN SITTING. I LOCATED A LARGE ''BUD'' OF CANNABIS NEXT TO THE SEATBELT LATCH AND SHOVED DOWN FURTHER WAS A ZIP STYLE BAGGIE IT CAME IN. I READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE DID WISH TO CONTINUE SPEAKING WITH ME. DURING THE INTERVIEW, THE DEFENDANT ADMITTED TO THE CANNABIS BEING HIS AND HE HAD JUST PURCHASED IT. HE ADVISED THAT WHEN THEY WERE GETTING PULLED OVER, HE GOT SCARED AND TRIED TO HIDE THE CANNABIS. ON 031215 AT 2003 HOURS THE DEFENDANT WAS ISSUED NOTICE TO APPEAR CITATION NUMBER 19091, FOR POSSESSION OF CANNABIS LESS THAN TWENTY GRAMS, WITH A MANDATORY COURT DATE OF 040215 AT 1300 HOURS. THE DEFENDANT WAS THEN RELEASED ON HIS OWN RECOGNIZANCE. THE CANNABIS WAS COLLECTED, PACKAGED and TURNED IN TO EVIDENCE. \t |