| Probable cause affidavit: |
SUBMITTED BY: ALEXANDER, DAWN 0561 (AR11123036) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A) (AND) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CRACK COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A) (AND) DID HAVING BEEN CONVICTED OF A FELONY, UNLAWFULLY OWN OR HAVE IN HIS CARE, CUSTODY, POSSESSION OR CONTROL AMMUNITION, TO-WIT: A TAURUS MAGAZINE WITH SEVEN, NINE MILLIMETER ROUNDS IN IT, IN VIOLATION OF FLORIDA STATUTE 790.23(1)(A) (AND) 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) (AND) DID, KNOWING HIS DRIVER'S 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) (AND) DID, KNOWING HIS DRIVER'S LICENSE WAS SUSPENDED, THE DEFENDANT DID NOT TURN HIS DRIVER'S LICENSE IN at the TIME OF THE SUSPENSION ON 081111, AND THEREFORE IS IN VIOLATION OF FLORIDA STATE STATUTE 322.212(1)(B) ON 100511, I WAS SITTING ON CRYSTAL STREET IN CRYSTAL RIVER, RUNNING STATIONARY RADAR IN THE SCHOOL ZONE. I OBSERVED A WHITE CHEVROLET IMPALA TRAVELING EASTBOUND ON CRYSTAL STREET, TRAVELING AT A HIGH RATE OF SPEED. THIS IS A POSTED 20 MILE PER HOUR SCHOOL ZONE. I VISUALLY ESTIMATED THE VEHICLE TO BE TRAVELING AT APPROXIMATELY 35 MILES PER HOUR. I ACTIVATED MY RADAR UNIT WHICH INDICATED A SPEED OF 34 MILES PER HOUR. I THEN WENT TO STOP THE DEFENDANT AND PULLED OUT AND HAD TO GO AROUND ANOTHER VEHICLE TO INITIATE A TRAFFIC STOP. I APPROACHED THE VEHICLE AND ASKED THE DRIVER FOR HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. HE PRODUCED A FLORIDA DRIVER'S LICENSE WITH THE NAME OF KHARESS CHARLES HARRISON ON IT, WITH A DATE OF BIRTH OF 060678. MR HARRISON WAS ABLE TO PROVIDE A REGISTRATION FOR THE VEHICLE, BUT COULD NOT FIND A VALID INSURANCE CARD. MR HARRISON KNEW HE WAS BEING STOPPED FOR SPEEDING IN A SCHOOL ZONE, BUT STATED HE THOUGHT HE HAD SLOWED DOWN QUICK ENOUGH. I THEN WENT BACK TO MY PATROL VEHICLE AND RAN A WANTS AND WARRANTS CHECK AND FLORIDA DRIVER'S LICENSE CHECK ON MR HARRISON. I WAS ADVISED HIS LICENSE WAS SUSPENDED AS OF 081111, AND HE HAD RECEIVED NOTICE ON 072211. HIS LICENSE WAS SUSPENDED FOR 12 POINTS WITHIN 12 MONTHS. I THEN CALLED FOR A BACKUP OFFICER AND DEPUTY DERA DID ARRIVE. I THEN WALKED UP TO MR HARRISON AND ASKED HIM TO EXIT THE VEHICLE. I HAD HIM PLACE HIS HANDS BEHIND HIS BACK AND PLACED HIM UNDER ARREST FOR DRIVING ON A SUSPENDED DRIVER'S LICENSE. UPON DEPUTY DERA CONDUCTING A PAT DOWN SEARCH OF MR HARRISON, HE LOCATED A TAURUS MAGAZINE CLIP WITH SEVEN, NINE MILLIMETER BULLETS IN THE MAGAZINE. THE DEFENDANT STATED THAT THE MAGAZINE AND BULLETS WERE NOT HIS, HE HAD JUST PANICKED AND PUT THEM IN HIS POCKET. DEPUTY PAYNE AND I SEARCHED THE DEFENDANT'S VEHICLE, WHICH MET WITH NEGATIVE RESULTS ON FINDING A FIREARM. DEPUTY PAYNE PULLED THE DEFENDANT OUT OF THE MY PATROL VEHICLE AND SEARCHED THE DEFENDANT THOROUGHLY, AND AS HE WAS SHAKING THE DEFENDANT'S SHORTS, A CLEAR PLASTIC BAGGIE OF A WHITE SUBSTANCE FELL OUT, ALONG WITH A SMALL EXCEDRIN PM BOTTLE WITH, WHAT APPEARED TO BE, CRACK COCAINE IN IT, AND ANOTHER clear PLASTIC BAGGIE WITH A GREEN LEAFY SUBSTANCE IN IT AND ALSO ANOTHER SMALL BAG WITH A WHITE POWDERY SUBSTANCE IN IT. ALL THESE ITEMS FELL OUT OF THE DEFENDANT'S PRIVATE AREA, IN THE AREA OF HIS PENIS. DEPUTY PAYNE PICKED UP THE ITEMS AND HANDED THEM TO ME AND I DID FIELD TEST THE POWDERY SUBSTANCE AND THE CRACK COCAINE THAT WAS IN THE EXCEDRIN PM BOTTLE, WHICH TESTED POSITIVE FOR COCAINE. UPON ARRIVAL AT THE DETENTION FACILITY, THE CRACK COCAINE IN THE EXCEDRIN PM BOTTLE WEIGHED APPROXIMATELY 4 GRAMS, THE PLASTIC BAGGIE WITH THE POWDERY COCAINE WEIGHED APPROXIMATELY 5.5 GRAMS, AND THE MARIJUANA WEIGHED APPROXIMATELY ONE GRAM AND THE SMALL BAGGIE WITH COCAINE INSIDE THE MARIJUANA BAGGIE WEIGHED LESS THAN ONE GRAM. ALL ITEMS ABOVE WERE PACKAGED AND TURNED OVER TO EVIDENCE. A CRIMINAL HISTORY WAS RUN ON THE DEFENDANT AND SHOWED THAT HE IS A CONVICTED FELON FOR SEVERAL DIFFERENT CHARGES, INCLUDING AGGRAVATED BATTERY ON A LAW ENFORCEMENT OFFICER. THE DEFENDANT KNEW HE COULD NOT BE IN POSSESSION OF A WEAPON OR ANY AMMUNITION AND ASKED ME NOT TO CHARGE HIM WITH THE MAGAZINE OR THE BULLETS. THE DEFENDANT WAS READ HIS MIRANDA WARNING FROM A PREPRINTED CARD AND STATED THAT HE KNEW HIS DRIVER'S LICENSE WAS SUSPENDED AND THAT HE FORGOT TO BRING THE PAPERWORK DOWN TO HAVE HIS LICENSE REINSTATED, EVEN THOUGH HE PAID THE FINES. HE STATED THAT THE DRUGS THAT HE HAD ON HIM WERE FOR HIS PERSONAL USE AND THAT HE DOES NOT SELL THEM. THIS CONVERSATION WAS RECORDED ON MY IN-CAR VIDEO CAMERA, AND A COPY OF IT WAS BURNED AND TURNED OVER TO EVIDENCE. THE DEFENDANT WAS ISSUED CITATION 3562-G2F-8 FOR VIOLATION OF TRAFFIC CONTROL DEVICE FOR THE SPEEDING IN A SCHOOL ZONE. HE WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION 3563-GQF-9 FOR DRIVING ON A SUSPENDED DRIVER'S LICENSE, AND CITATION NUMBER 3564-GQF-X FOR BEING IN POSSESSION OF A SUSPENDED DRIVER'S LICENSE. HE WAS ALSO ISSUED FLORIDA UNIFORM CITATION 3565-GQF-X FOR BEING IN POSSESSION OF A CONTROLLED SUBSTANCE, TO WIT: DRUGS, WHILE OPERATING A MOTOR VEHICLE. THE MANDATORY COURT DATES FOR THE CITATIONS WILL BE 102011 AT 1300 HOURS. THE DEFENDANT'S VEHICLE WAS TURNED OVER TO A FRIEND AT HIS REQUEST. THE DEFENDANT'S BOND WAS SET AT $21,150.00. *NOT-EXEMPT* |
