| Probable cause affidavit: |
SUBMITTED BY: WARD, KELLIE 0725 (AR11119477) THE DEFENDANT, MR KINCHEN BLACK, 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); THE DEFENDANT 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: A GLASS PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ON 022211 AT APPROXIMATELY 1445 HOURS, WHILE CONDUCTING A TRAFFIC STOP AT THE AREA OF BASSWOOD AVENUE AND FLAXEN DRIVE, IN CRYSTAL RIVER, WHEN I OBSERVED A MAROON CHEVROLET TAHOE DRIVE BY WITH THE DRIVER/DEFENDANT NOT WEARING HIS SEAT BELT. K9 DEPUTY VIGGIANO WAS A BACK UP DEPUTY ON MY TRAFFIC STOP WHO ALSO OBSERVED THE CHEVROLET TAHOE DRIVE BY WITH THE DRIVER/DEFENDANT NOT WEARING HIS SEATBELT. AT THAT TIME DEPUTY VIGGIANO LEFT THE SCENE AT MY TRAFFIC STOP AND CONDUCTED A TRAFFIC STOP ON THE MAROON CHEVROLET TAHOE IN THE AREA OF BASSWOOD AVENUE AND RIVERWOOD DRIVE. I THEN COMPLETED MY TRAFFIC STOP AT BASSWOOD AVENUE AND FLAXEN DRIVE AND RESPONDED TO DEPUTY VIGGIANO'S LOCATION. UPON ARRIVAL TO DEPUTY VIGGIANO'S TRAFFIC STOP HE ADVISED ME THAT HE APPROACHED THE DRIVER'S SIDE OF THE VEHICLE. THE DRIVER/DEFENDANT HANDED HIM A MULTI COLORED GLASS PIPE USED FOR SMOKING MARIJUANA WHICH CONTAINED MARIJUANA RESIDUE. DEPUTY VIGGIANO THEN ASKED THE DRIVER/DEFENDANT IF HE HAD ANY OTHER PARAPHERNALIA OR ILLEGAL DRUGS IN THE VEHICLE THAT WOULD CAUSE HIS K9 TO ALERT. AT THAT TIME THE DEFENDANT HANDED DEPUTY VIGGIANO A SMALL PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE IDENTIFIED AS MARIJUANA. DEPUTY VIGGIANO THEN DEPLOYED K9 CONAN AND CONDUCTED AN EXTERIOR SNIFF OF THE VEHICLE. K9 CONAN ALERTED TO THE PRESENCE OF NARCOTICS EMITTING FROM THE VEHICLE. AT THAT TIME THE DEFENDANT AND THE PASSENGER, MS STACY MORIC, WAS ASKED TO EXIT THE VEHICLE. DEPUTY VIGGIANO THEN CONDUCTED AN INTERIOR SEARCH OF THE VEHICLE. WHILE SEARCHING THE VEHICLE DEPUTY VIGGIANO FOUND A SMALL METAL PIPE INSIDE OF THE DEFENDANT'S WALLET. DEPUTY VIGGIANO PULLED THE PIPE OUT OF THE DEFENDANT'S WALLET IN FRONT OF HIM. THE DEFENDANT STATED HE USES THE METAL PIPE TO SNORT PILLS. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR POSSESSION OF MARIJUANA LESS THAN 20 GRAMS AND POSSESSION OF DRUG PARAPHERNALIA. THE MARIJUANA WAS FIELD TESTED ON SCENE WHICH YIELDED A POSITIVE RESULT ALONG WITH THE RESIDUE IN THE GLASS PIPE WHICH ALSO YIELDED A POSITIVE RESULT FOR MARIJUANA. THE TOTAL WEIGHT OF THE MARIJUANA WAS TWO GRAMS. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) IN BACK, SECURED IN THE BACK SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT WAS ISSUED A WARNING, NUMBER 318375B, FOR NOT WEARING HIS SEATBELT. THE DEFENDANT'S BOND WAS SET AT $1,000.00 ACCORDING TO THE BOND SCHEDULE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
