| Probable cause affidavit: |
SUBMITTED BY: FERGUSON, ADAM 0505 (12-95739) THE DEFENDANT, MS KIMESHA TANICE WILLIAMS, DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS/HER 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). THE DEFENDANT, MS KIMESHA TANICE WILLIAMS, DID KNOWINGLY, WILLFULLY AND FELONIOUSLY BE IN THE ACTUAL OR CONSTRUCTIVE POSSESSION OF A CONTROLLED SUBSTANCE, TO-WIT: COCAINE (A), IN VIOLATION OF FLORIDA STATUTES 893.13(6)(A). ON 052412 AT APPROXIMATELY 2345 HOURS, WHILE CONDUCTING ROUTINE TRAFFIC CONTROL IN THE AREA OF NE 8TH AVENUE AND NE CRYSTAL STREET, I OBSERVED A SILVER JEEP CHEROKEE, BEARING TAG 3736JG, TURN ONTO NE 8TH AVENUE, OFF OF NE 9TH STREET. AS IT DID SO, IT FAILED TO STOP AT THE STOP SIGN. I CAUGHT UP TO THE VEHICLE, AND ACTIVATED MY OVERHEAD LIGHTS AT THE INTERSECTION OF NE 10TH STREET AND NE 7TH AVENUE. THE VEHICLE INITIALLY SLOWED AS THOUGH IT WAS ABOUT TO PULL OVER, HOWEVER, THEN ACCELERATED TO APPROXIMATELY 40 MILES PER HOUR (MPH), AS IT CONTINUED TO TRAVEL WEST ON NE 10TH STREET. I ACTIVATED MY SPOTLIGHT, AND OBSERVED THE DRIVER OF THE VEHICLE TO BE SITTING IN A RAISED POSITION, NEARLY STANDING, ON HIS SEAT, AND APPEARED AS THOUGH HE WAS ABOUT TO ATTEMPT TO JUMP OUT OF THE VEHICLE. AS THE DRIVER WAS DOING SO, IT APPEARED HE WAS ALSO CONCEALING SOMETHING IN OR AROUND HIS SEAT. THE VEHICLE FINALLY CAME TO A STOP AT THE INTERSECTION OF NORTH 10TH STREET AND NE 5TH AVENUE. AS THE VEHICLE STOPPED, I EXITED MY VEHICLE, AND REMOVED MY AGENCY ISSUED PISTOL FROM MY HOLSTER, AND POINTED IT AT THE VEHICLE, AS I ORDERED THE DRIVER TO SHOW ME HIS HANDS. THE DRIVER, ALONG WITH BOTH PASSENGERS, COMPLIED WITH MY INSTRUCTIONS. HOWEVER, DUE TO THE FACT THAT THE VEHICLE INITIALLY ATTEMPTED TO ELUDE THIS DEPUTY AND DID NOT STOP, AS WELL AS THE FACT THAT THE DRIVER DID APPEAR TO BE CONCEALING AN UNKNOWN ITEM, I HELD MY POSITION UNTIL BACKUP ARRIVED ON SCENE. UPON DEPUTY VIGGIANO’S ARRIVAL ON SCENE, I MADE CONTACT WITH THE DRIVER, MR ALONZO RUIZ, WHO INITIALLY STATED THAT HIS FOOT HAD GOTTEN STUCK UNDER THE BRAKE AND GAS PEDAL, WHICH IS WHY HE HAD NOT STOPPED INITIALLY. LOCATED IN THE FRONT PASSENGER’S SIDE SEAT WAS PASSENGER MS ALICIA BIANCA WATERBURY, AND IN THE REAR RIGHT PASSENGER’S SIDE SEAT WAS THE DEFENDANT, MS KIMESHA TANICE WILLIAMS. I ASKED THE DRIVER IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE, TO WHICH HE ADVISED THAT THERE WAS NOT. HOWEVER, THE DRIVER STATED THAT HE HAD SMOKED CANNABIS EARLIER IN THE VEHICLE TODAY. DEPUTY VIGGIANO THEN DEPLOYED K9 CONAN. AFTER HE DEPLOYED HIM ,DEPUTY VIGGIANO ADVISED ME THAT HE HAD ALERTED ON THE VEHICLE. ALL OCCUPANTS WERE ASKED TO EXIT, AT WHICH POINT DEPUTY VIGGIANO BEGAN SEARCHING THE VEHICLE. UPON SEARCHING THE VEHICLE, DEPUTY VIGGIANO LOCATED APPROXIMATELY ONE GRAM OF CANNABIS IN THE DEFENDANT’S PURSE. SHE WAS HANDCUFFED BEHIND HER BACK, DOUBLE LOCKED, AND READ HER MIRANDA WARNING. AFTER BEING REAR MIRANDA, THE DEFENDANT ADVISED THAT SHE DID UNDERSTAND HER RIGHTS AND WOULD TO SPEAK WITH ME AT THIS TIME. THE DEFENDANT ADVISED THAT THE CANNABIS IN HER PURSE WAS FOR PERSONAL USE AND NOT FOR SALE. A FURTHER SEARCH OF HER PURSE LOCATED THREE PIECES OF CRACK COCAINE, WHICH FIELD TESTED POSITIVE AS SUCH. WHEN THE DEFENDANT WAS ASKED ABOUT THE COCAINE, SHE STATED THAT IT WAS NOT IN HER PURSE AND THAT I WAS SETTING HER UP. THE DEFENDANT WAS SECURED IN THE REAR OF MY PATROL VEHICLE. FURTHER SEARCH OF THE VEHICLE WAS CONDUCTED, WHICH PRODUCED A PILL BOTTLE, WITH APPROXIMATELY 2 GRAMS OF CANNABIS INSIDE. DEFENDANT ADVISED THAT THIS CANNABIS DID NOT BELONG TO HER. I AGAIN MADE CONTACT WITH THE DRIVER, MR RUIZ. AFTER SPEAKING WITH HIM, HE ADVISED THAT HIS FOOT HAD NOT GOTTEN STUCK UNDER THE PEDAL AS HE INITIALLY CLAIMED, BUT THAT HE HAD NOT PULLED OVER INITIALLY BECAUSE HE WAS AFRAID. HE FURTHER ADVISED THAT THAT CANNABIS FOUND IN THE PILL BOTTLE DID NOT BELONG TO HIM, NOR HAD HE EVER SEEN THE PILL BOTTLE BEFORE. MR RUIZ WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, FOR FAILURE TO STOP AT A STOP SIGN. BOTH HE AND PASSENGER MS WATERBURY WERE ADVISED THAT THEY WERE FREE TO LEAVE. THE DEFENDANT WAS THEN TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, THE DEFENDANT WAS CHARGED WITH ONE COUNT OF POSSESSION OF COCAINE, AND ONE COUNT OF POSSESSION OF MARIJUANA. BOND WAS SET AT $5,500.00, PER THE BOND SCHEDULE. THE CONFISCATED DRUGS WERE TURNED INTO EVIDENCE. |
