| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR11123228) 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). 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 STATUTE 893.147(1). ON 101911 AT APPROXIMATELY 2313 HOURS, I WAS PATROLLING THE COUNTY PARK LOCATED AT 614 PARK LAKE TERRACE IN INVERNESS WHEN I NOTICED TWO WHITE MALES SITTING ON TOP OF A PICNIC TABLE. HAVING BEEN FAMILIAR WITH THIS PARK, I KNEW THAT IT CLOSES AT 2100 HOURS. I THEN MADE CONTACT WITH THE TWO WHITE MALES, LATER IDENTIFIED AS DEFENDANT KYLE NELSON AND DEFENDANT ANTHONY RUTLEDGE. DEFENDANT RUTLEDGE WAS SITTING ON THE RIGHT HAND SIDE OF THE PICNIC TABLE AND DEFENDANT NELSON ON THE LEFT. I THEN NOTICED IN BETWEEN THEM WAS A SMALL PILE OF TOBACCO, A CIGAR WRAPPER, AND A SMALL CIGAR TYPE CIGARETTE, LATER IDENTIFIED AS A CANNABIS ROACH, WHICH WEIGHED .1 GRAM. DIRECTLY ON THE GROUND BETWEEN THE TWO OF THEM, I NOTICED A CLEAR SANDWICH TYPE BAGGIE THAT HAD THE CORNER TORN FROM IT. I THEN ASKED THE TWO DEFENDANTS IF THEY HAD ANY IDENTIFICATION, AT WHICH TIME, THEY PROVIDED IT. I THEN ASKED THEM WHAT THEY WERE DOING AND WHY THERE WAS TOBACCO ON THE PICNIC TABLE AND THE EMPTY BAGGIE ON THE GROUND. DEFENDANT RUTLEDGE ADVISED HE KNEW NOTHING ABOUT THIS. AT THAT TIME, DEFENDANT NELSON ADVISED HE WAS GOING TO BE HONEST AND STATED HE HAD A MARIJUANA PIPE IN HIS RIGHT FRONT PANT'S POCKET, AT WHICH TIME, HE GAVE IT TO ME. I THEN ASKED HIM IF HE HAD ANY OTHER DRUGS OR PARAPHERNALIA ON HIM, AT WHICH TIME, HE STATED HE HAD A SMALL AMOUNT OF MARIJUANA IN HIS SOCK. AT THAT TIME, HIS LEFT SHOE WAS TAKEN OFF WHERE I LOCATED A SMALL CORNER OF THE CLEAR PLASTIC BAGGIE CONTAINING .5 GRAMS OF MARIJUANA. I THEN ASKED DEFENDANT NELSON WHAT WAS IN THE CIGAR TYPE CIGARETTE THAT I HAD LOCATED AND HE STATED THAT IT WAS A BLUNT THAT WAS PREVIOUSLY ROLLED AFTER EMPTYING THE TOBACCO OUT OF IT BY BOTH THE DEFENDANTS AND SMOKED BY BOTH DEFENDANTS. AT THAT TIME, DEFENDANT NELSON WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. WHILE HANDCUFFING DEFENDANT NELSON, HE ADVISED ME THAT HE WAS CURRENTLY ON PROBATION AND THAT HE RECENTLY HAD A URINALYSIS IN WHICH HE THINKS HE FAILED. A LATER CHECK OF OUR LOCAL RECORDS MANAGEMENT SYSTEM DID ADVISE THAT DEFENDANT NELSON WAS CURRENTLY ON PROBATION FOR POSSESSION OF MARIJUANA LESS THAN 20 GRAMS. IT WAS FOUND THAT UPON THE COMMENCEMENT OF HIS PROBATION HE WAS TO SERVE 30 DAYS HOUSE ARREST FOLLOWED BY 1800 HOURS CURFEW AND ATTENDANCE IN SCHOOL. HE DID ADVISE ME THAT HE IS NOT ENROLLED IN SCHOOL, HOWEVER, HE HAD SERVED HIS 30 DAYS HOUSE ARREST AND KNEW THAT HE HAD AN 1800 HOURS CURFEW. I THEN SPOKE WITH DEFENDANT RUTLEDGE WHO CONTINUED TO DENY ANY INVOLVEMENT IN THIS, HOWEVER, WHEN I HAD ARRIVED, HE WAS SITTING APPROXIMATELY TWO INCHES AWAY FROM THE MARIJUANA ROACH. AT THAT TIME, HE WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. BOTH DEFENDANTS WERE SECURED IN MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL AT THE DETENTION FACILITY, DEFENDANT NELSON WAS CHARGED WITH ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA AND ONE COUNT OF POSSESSION OF MARIJUANA LESS THAN 20 GRAMS WITH A TOTAL BOND OF $1,000.00 PER 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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
