| Probable cause affidavit: |
SUBMITTED BY: HINDERHOFER, EDWARD 0667 (AR12-3045) THE DEFENDANT DID UNLAWFULLY AND KNOWINGLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT UNDER TWENTY GRAMS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B) AND THE DEFENDANT DID, KNOWING HER 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). ON 100612 AT APPROXIMATELY 0200 HOURS, CANINE DEPUTY VIGGIANO AND I WERE CONDUCTING TRAFFIC ENFORCEMENT ON SOUTH SUNCOAST BOULEVARD WHEN CANINE DEPUTY VIGGIANO OBSERVED A MAROON FORD FOUR DOOR VEHICLE BEARING FLORIDA TAG 9938JG TRAVELING SOUTHBOUND IN THE AREA OF WEST CHASSAHOWITZKA STREET. CANINE DEPUTY VIGGIANO ADVISED THAT THE VEHICLE DID NOT HAVE A FUNCTIONING TAG LIGHT. CANINE DEPUTY VIGGIANO AND I CONDUCTED A TRAFFIC STOP ON THE VEHICLE AT THE INTERSECTION OF WEST CHASSAHOWITZKA STREET AND WEST MARY ELLEN TERRACE IN HOMOSASSA. CANINE DEPUTY VIGGIANO MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS DEFENDANT ONE, MS KIM KASLAUSKAS. CANINE DEPUTY VIGGIANO REQUESTED DEFENDANT KASLAUSKASâS DRIVERâS LICENSE, THE VEHICLE REGISTRATION AND PROOF OF VEHICLE INSURANCE, TO WHICH SHE ADVISED THAT SHE DID NOT HAVE HER DRIVERâS LICENSE because IT WAS SUSPENDED. CANINE DEPUTY VIGGIANO AND CANINE CONAN CONDUCTED AN EXTERIOR SNIFF OF THE VEHICLE. CANINE DEPUTY VIGGIANO ADVISED THAT CANINE CONAN ALERTED. SEE CANINE DEPUTY VIGGIANOâS SUPPLEMENT FOR FURTHER INFORMATION. I MADE CONTACT WITH THE FRONT SEAT PASSENGER, LATER IDENTIFIED AS DEFENDANT TWO, MR JASON HALL, AND REQUESTED THAT HE STEP OUT OF THE VEHICLE. I ASKED HIM IF HE HAD ANYTHING ILLEGAL ON HIS PERSON, TO WHICH HE REPLIED HE DID NOT. I ASKED HIM TO PUT HIS HANDS ON THE VEHICLE WHILE I CONDUCTED A SEARCH OF HIS PERSON, AT WHICH TIME HE PLACED HIS HANDS INSIDE HIS PANTS POCKETS AND STATED âHOLD ON, LET ME JUST CHECK.â DEFENDANT HALL APPEARED TO CRUMPLE SOMETHING UP IN HIS HAND, THEN HE PLACED HIS HANDS BACK ON THE VEHICLE. I REQUESTED THAT HE OPEN HIS HAND AND I OBSERVED A SMALL PLASTIC BAGGIE WHICH CONTAINED A PILL AND WHAT APPEARED TO BE PILL RESIDUE. DEFENDANT HALL STATED HE DID NOT KNOW WHAT IT WAS AND THAT HE DID NOT KNOW IT WAS IN HIS PANTS. DEFENDANT HALL WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. CONTACT WAS MADE WITH POISON CONTROL WHO WAS ADVISED THAT THE PILL WAS WHITE IN COLOR, ROUND AND IMPRINTED WITH THE NUMBER 59 ON ONE SIDE AND THE LETTER âRâ ON THE REVERSE SIDE. POISON CONTROL ADVISED THAT THE PILL WAS LORAZEPAM, ONE MILLIGRAM, A SCHEDULE IV CONTROLLED SUBSTANCE. DEPUTY MATOS, WHO WAS ALSO ON SCENE, HAD SEARCHED DEFENDANT KASLAUSKAS AND LOCATED, IN HER LEFT FRONT SHORTS POCKET, A CIGARETTE WRAPPER WHICH CONTAINED A GREEN LEAFY SUBSTANCE WHICH, THROUGH MY TRAINING AND EXPERIENCE, I BELIEVED TO BE MARIJUANA. I ASKED DEFENDANT KASLAUSKAS WHERE SHE HAD BOUGHT THE MARIJUANA, TO WHICH SHE STATED SHE GOT IT FROM A FRIEND AND USED IT TO RELAX. DEFENDANT KASLAUSKAS WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND ALSO SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. IT WAS DETERMINED THAT DEFENDANT KASLAUSKASâS DRIVERâS LICENSE WAS IN FACT SUSPENDED AND THAT SHE DID HAVE ONE PREVIOUS CONVICTION FOR DRIVING WHILE LICENSE SUSPENDED (DWLS,) KNOWINGLY. DEFENDANT KASLAUSKAS WAS ADVISED SHE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF CANNABIS IN AN AMOUNT UNDER TWENTY GRAMS AS WELL AS DRIVING WHILE LICENSE SUSPENDED, KNOWINGLY. IT WAS DETERMINED THAT DEFENDANT HALL WAS ON FELONY PROBATION FOR POSSESSION OF METHAMPHETAMINE. HE WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF A CONTROLLED SUBSTANCE AS WELL AS VIOLATION OF PROBATION FOR THE NEW LAW VIOLATION. BOTH DEFENDANTS WERE THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, I PLACED DEFENDANT HALL IN AN EMPTY INTAKE ROOM AND REQUESTED THAT HE BE STRIP-SEARCHED. AFTER BEING SEARCHED BY DETENTION FACILITY ASSISTANT SHIFT SUPERVISOR ROBERT TRAUTMAN, HE LOCATED A SMALL PLASTIC CONTAINER IN THE AREA OF DEFENDANT HALLâS CROTCH, HOWEVER, THE CONTAINER WAS EMPTY. I REQUESTED SUPERVISOR TRAUTMAN CHECK THE INTAKE ROOM WHERE DEFENDANT HALL WAS PLACED. INSIDE THE ROOM, SUPERVISOR TRAUTMAN LOCATED A SMALL RED STRAW AND A SMALL CLEAR PLASTIC BAGGIE WHICH CONTAINED A WHITE CRYSTAL-LIKE SUBSTANCE WHICH WEIGHED APPROXIMATELY .1 GRAMS. THE SUBSTANCE WAS FIELD TESTED AND YIELDED A POSITIVE RESULT FOR METHAMPHETAMINE. SUPERVISOR TRAUTMAN ADVISED THAT HE CHECKED THE ROOM PRIOR TO DEFENDANT HALL ENTERING AND THAT IT WAS ALL CLEAR. UPON REVIEWING THE VIDEO SURVEILLANCE, I WAS ABLE TO SEE DEFENDANT HALL WALK INTO THE CORNER of the ROOM, SHAKE HIS LEG AND KICK SOMETHING UNDERNEATH THE BENCH SEAT. CANINE DEPUTY VIGGIANO AND I AGAIN MADE CONTACT WITH DEFENDANT HALL WHO WAS READ HIS MIRANDA WARNINGS FROM A PREPRINTED AGENCY CARD, TO WHICH HE ADVISED HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH US. I ADVISED HIM HE NEEDED TO BE HONEST ABOUT THE METHAMPHETAMINE AND THE CONTRABAND THAT WAS FOUND IN THE INTAKE ROOM WHERE HE WAS BEING HELD. I ADVISED HIM THERE WAS VIDEO SURVEILLANCE IN THE INTAKE ROOM AND THAT THE INTAKE ROOM HAD BEEN SEARCHED PRIOR TO HIM BEING PUT IN THE INTAKE ROOM. DEFENDANT HALL ADVISED HE DID RECOGNIZE THE STRAW BUT STATED HE COULD NOT TAKE THE METHAMPHETAMINE CHARGE. I ADVISED DEFENDANT HALL THAT I HAD PERSONALLY REVIEWED THE VIDEO AND THAT I COULD CLEARLY SEE HIM SHAKE SOMETHING LOOSE FROM HIS PANT AND KICK IT UNDERNEATH THE BENCH SEAT. DEFENDANT HALL ADVISED TO JUST CHARGE HIM WITH IT. HE STATED âIF YOU SAW ME DO IT, THEN I DID IT BUT I HAVE SHORT-TERM MEMORY LOSS AND DONâT REMEMBER DOING IT.â DEFENDANT HALLâS BOND WAS SET AT $10,000.00, REFERENCE TWO CHARGES OF POSSESSION OF CONTROLLED SUBSTANCES. DEFENDANT HALL WAS ADDITIONALLY CHARGED WITH INTRODUCTION OF A CONTRABAND INTO A DETENTION FACILITY, WITH A BOND OF $2,000.00, AND POSSESSION OF DRUG PARAPHERNALIA, WITH A BOND OF $500.00. HOWEVER, DUE TO THE NEW LAW VIOLATIONS, HIS BOND WAS SET AT ON THE CHARGE OF VIOLATION OF PROBATION. DEFENDANT KASLAUSKASâS BOND WAS SET A TOTAL OF $1,000.00, IN ACCORDANCE WITH THE BOND SCHEDULE. DEFENDANT KASLAUSKAS WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 0285-GQG6, FOR DWLS, KNOWINGLY. SHE WAS ALSO ISSUED WRITTEN WARNING NUMBER 357589B, FOR FAULTY EQUIPMENT, INOPERABLE TAG LIGHT. ALL CONTRABAND WAS LATER PACKAGED AND TURNED IN TO EVIDENCE ALONG WITH A PROPERTY RECEIPT. A WRITTEN STATEMENT WAS OBTAINED FROM SUPERVISOR TRAUTMAN AND LATER TURNED IN TO RECORDS ALONG WITH A SEARCH LOG WHICH INDICATED THE INTAKE ROOM HAD BEEN SEARCHED AT 0125 HOURS ON 100612. SUPERVISOR TRAUTMAN ALSO ADVISED THAT THE VIDEO SYSTEM RUNS FOR 24 HOURS AND SHOWED THAT NO ONE HAD ENTERED THAT INTAKE ROOM FROM THE TIME IT WAS SEARCHED AT 0125 HOURS UNTIL DEFENDANT HALL WAS PLACED IN THERE AT APPROXIMATELY 0238 HOURS. SUPERVISOR TRAUTMAN ADVISED HE WOULD CONTACT THIS AGENCY WHEN A COPY OF THE VIDEO SURVEILLANCE FOOTAGE WAS AVAILABLE TO BE PICKED UP. |
