| Probable cause affidavit: |
SUBMITTED BY: BLAIR, EDWARD 0469 (AR10118014) 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: CANNABIS, COMMO0NLY REFERRED TO AS MARIJUANA, SAID OBJECT BEING A METALLIC PIPE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1) ON 112010 AT APPROXIMATELY 0018 HOURS, A TRAFFIC STOP WAS CONDUCTED ON A MAROON GMC VAN AT THE INTERSECTION OF STATE ROAD 44 AND SOUTH LEONA STREET IN LECANTO. THE REASON FOR THE STOP WAS THAT DEPUTY HOLLOWAY OBSERVED A LIT CIGARETTE BEING THROWN FROM THE VEHICLE AS WELL AS THE VEHICLE SWERVING ACROSS THE FOG LINE A MINIMUM OF FOUR TIMES WHILE TRAVELING ON STATE ROAD 44. AS DEPUTY HOLLOWAY APPROACHED THE DRIVER SIDE OF THE VEHICLE, THIS DETECTIVE APPROACHED THE PASSENGER SIDE. THROUGH A WINDOW I OBSERVED THE DEFENDANT, MR KIP KELLOGG, TO BE HOLDING A BLUE METALLIC "BOWL" WITH RESIDUE WHICH, BASED ON MY TRAINING AND EXPERIENCE, WAS USED FOR SMOKING ILLEGAL NARCOTICS. WHILE STILL SEATED IN THE REAR PASSENGER SEAT DURING THIS TRAFFIC STOP, THE DEFENDANT HANDED ME SAID "BOWL" THROUGH THE OPEN REAR PASSENGER DOOR. THROUGHOUT THE COURSE OF THIS ROADSIDE INVESTIGATION PERTAINING TO AN UNRELATED CHARGE, THE DEFENDANT EXITED THE VEHICLE. WHILE OUTSIDE OF THE VEHICLE, I ADVISED THE DEFENDANT OF HIS MIRANDA WARNINGS VIA A PRE-PRINTED CARD, TO WHICH HE STATED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH THIS DETECTIVE. THE DEFENDANT ADMITTED TO POSSESSION OF THE PARAPHERNALIA BY STATING HE HAD RECEIVED THE ITEM FROM A FRIEND A FEW MONTHS AGO. THE DEFENDANT FURTHER ADMITTED TO USING THE "BOWL" TO SMOKE MARIJUANA APPROXIMATELY TWO DAYS AGO. THE DEFENDANT WAS LATER ADVISED HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF DRUG PARAPHERNALIA, AT WHICH TIME HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR SEAT OF DEPUTY TEWELL'S PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAl, the defendant was processed, booked and held on a bond of $500.00, in accordance with the bond schedule. the paraphernalia was collected by deputy phillips, packaged and later turned to the ccso evidence locker. "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* |
