| Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0652 (AR16-19734) THE DEFENDANT WAS ISSUED A NOTICE TO APPEAR, CITATION NUMBER 22602, FOR POSSESSION OF DRUG PARAPHERNALIA, WITH A MANDATORY COURT DATE OF 062316 AT 1300 HOURS. ON 060316, AT APPROXIMATELY 1759 HOURS, I OBSERVED A WHITE FORD PICKUP TRUCK, BEARING FLORIDA LICENSE PLATE 2759TP, TRAVELING NORTHBOUND ON SOUTHEAST HIGHWAY 19 NEAR THE FORT ISLAND TRAIL INTERSECTION. AS THE VEHICLE PASSED MY LOCATION, I OBSERVED THAT THE PASSENGER, LATER IDENTIFIED AS MR JAMES BAILEY, WAS NOT WEARING HIS SEATBELT FASTENED AS REQUIRED. I OBSERVED THE SEATBELT TO BE OVER HIS SHOULDER AND THE BUCKLE TO THE SEATBELT TO BE IN THE CENTER OF HIS CHEST. I THEN PULLED OUT BEHIND THE VEHICLE AND OBSERVED THAT THE REGISTRATION STICKER ON THE FLORIDA LICENSE PLATE HAD EXPIRED IN FEBRUARY 2016. THE VEHICLE THEN PULLED IN TO THE RACE TRAC GAS STATION LOCATED AT 1030 SOUTHEAST HIGHWAY 19, AT WHICH TIME I ACTIVATED MY EMERGENCY LIGHTS AND SIREN AND THE VEHICLE STOPPED IN THE SIDE PARKING LOT. I THEN MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR KIRK COOPER, AND ASKED FOR HIS DRIVER'S LICENSE, VEHICLE REGISTRATION, AND PROOF OF INSURANCE, TO WHICH HE PROVIDED. DURING THIS CONVERSATION, I OBSERVED THE DEFENDANT TO LOOK VERY NERVOUS BY THE WAY HE WAS SHAKING AS HE WAS HANDING ME THE PAPERWORK. THE DEFENDANT WAS ASKED IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE. AFTER A VERY HESITATED ANSWER OF ''I DON'T THINK SO,'' I ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE AND SPEAK WITH ME. DEPUTY SEFFERN (0623) THEN ARRIVED ON SCENE AND BEGAN SPEAKING WITH MR BAILEY. WHILE I WAS SPEAKING WITH THE DEFENDANT, I ASKED HIM IF I COULD PAT HIM DOWN FOR WEAPONS. THE DEFENDANT THEN LIFTED UP HIS SHIRT AND STATED ''I CAN EMPTY MY POCKETS FOR YOU, IF YOU WANT.'' I ADVISED THE DEFENDANT SURE, AT WHICH TIME HE REACHED INTO HIS POCKETS AND BEGAN PULLING OUT THE CONTENTS. I THEN OBSERVED THE DEFENDANT TO QUICKLY SHOVE SOMETHING BACK INTO HIS RIGHT FRONT POCKET, WHICH I ASKED WHAT IT WAS. THE DEFENDANT THEN PULLED OUT A GLASS SMOKING PIPE THAT HAD A WHITE RESIDUE IN IT. HE ADVISED THAT HE FORGOT THE PIPE WAS IN HIS POCKET AND HANDED IT TO ME. I ASKED THE DEFENDANT IF THERE WAS ANY OTHER CONTRABAND OR NARCOTICS IN THE VEHICLE, TO WHICH HE STATED ''NO, YOU CAN SEARCH IF YOU WANT.'' DURING THIS TIME, DEPUTY SEFFERN HAD ASKED MR BAILEY TO EXIT THE VEHICLE. MR BAILEY WAS ASKED TO EMPTY HIS POCKETS, TO WHICH HE DID AND LAID THE CONTENTS ON THE HOOD OF MY PATROL VEHICLE. DEPUTY SEFFERN BEGAN TO SEARCH THE PASSENGER SIDE COMPARTMENT OF THE VEHICLE. A SHORT TIME LATER, DEPUTY SEFFERN ADVISED ME THAT HE FOUND A GLASS SMOKING PIPE LOCATED BEHIND THE PASSENGER SEAT, WHICH WAS IN MR BAILEY'S REACH. SERGEANT MARSHALL THEN ARRIVED ON SCENE. DEPUTY SEFFERN THEN ASKED MR BAILEY AND THE DEFENDANT IF HE COULD PAT THEM DOWN FOR WEAPONS. THE DEFENDANT AND MR BAILEY STATED YES AND PUT THEIR HANDS UP. DEPUTY SEFFERN BEGAN TO PAT MR BAILEY DOWN. I WAS THEN ADVISED THAT MR BAILEY WAS TENSING UP HIS THIGHS AND BUTTOCKS WHILE DEPUTY SEFFERN WAS CONDUCTING THE PAT DOWN. DEPUTY SEFFERN ADVISED THAT HE THOUGHT MR BAILEY WAS CONCEALING SOMETHING IN HIS BUTTOCKS. MR BAILEY WAS THEN PLACED UNDER ARREST FOR POSSESSION OF DRUG PARAPHERNALIA. MR BAILEY WAS PLACED IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK. WHILE MR BAILEY WAS BEING ESCORTED TO MY PATROL VEHICLE, HE ADVISED THAT HE HAD A PACKAGE OF METHAMPHETAMINE CONCEALED BETWEEN HIS BUTTOCKS CHEEKS AND WOULD VOLUNTARILY REMOVE IT. WHILE STILL HANDCUFFED, MR BAILEY REMOVED A BLUE ZIPPER BAGGIE WHICH CONTAINED A CRYSTAL LIKE SUBSTANCE. THE CRYSTAL LIKE SUBSTANCE WAS LATER FIELD TESTED AND TESTED POSITIVE FOR METHAMPHETAMINE. MR BAILEY WAS THEN SECURED IN THE REAR OF MY PATROL VEHICLE. I COMPLETED A NOTICE TO APPEAR CITATION FOR THE DEFENDANT, FOR POSSESSION OF DRUG PARAPHERNALIA (CITATION NUMBER 22602) WITH A MANDATORY COURT DATE ON 062316 AT 1300 HOURS. THE DEFENDANT WAS ISSUED WRITTEN WARNING, WARNING NUMBER 361720B, FOR THE EXPIRED REGISTRATION ON THE VEHICLE. ALL OF THE EVIDENCE WAS COLLECTED AND LATER TURNED IN TO EVIDENCE. MR BAILEY WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. MR BAILEY'S BOND WAS SET AT $2,000.00 FOR POSSESSION OF A CONTROLLED SUBSTANCE AND $1,000.00 FOR POSSESSION OF DRUG PARAPHERNALIA. MR BAILEY'S TOTAL BOND WAS SET AT $3,000.00 PER THE BOND SCHEDULE. MR BAILEY WAS ISSUED WRITTEN WARNING, WARNING NUMBER 361721B, FOR HIS VIOLATION OF NOT WEARING A SEATBELT. |
