| Probable cause affidavit: |
SUBMITTED BY: PATTERSON, DEREK 0560 (AR10113882) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: AN OBITUATE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). 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). ON 031910, WHILE TRAVELLING WESTBOUND IN the 8800 BLOCK OF US HIGHWAY 41 NORTH, I OBSERVED A RED CHEVROLET TRAVELLING in the SAME DIRECTION in the INSIDE LANE. WHILE FOLLOWING THE VEHICLE I OBSERVED IT DRIFT OVER THE LEFT FOG LINE AND THE CENTER DIVIDE LINE NUMEROUS TIMES. I CONTINUED TO FOLLOW HE VEHICLE UNTIL WE REACHED STATE ROAD 44 AND THE INVERNESS CITY LIMITS, DURING which TIME THE VEHICLE CONTINUED TO DRIFT BETWEEN AND OVER BOTH LINES. AT THAT TIME I CONDUCTED A TRAFFIC STOP ON THE VEHICLE. CONTACT WAS THEN MADE WITH THE DRIVER/DEFENDANT. WHILE I WAS SPEAKING WITH THE DEFENDANT I NOTED HIS EYES TO BE BLOODSHOT AND HIS SPEECH TO BE SLOWER THAN THE AVERAGE INDIVIDUAL. I THEN ASKED THE DEFENDANT TO EXIT HIS VEHICLE, BELIEVING THAT THE DEFENDANT WAS OPERATING THE VEHICLE WHILE UNDER THE INFLUENCE OF SOME TYPE CONTROLLED SUBSTANCE. WHILE SPEAKING WITH THE DEFENDANT I SMELLED AN ODOR EMANATING FROM HIS PERSON, THAT I RECOGNIZED TO BE MARIJUANA, BASED UPON MY TRAINING AND EXPERIENCE. I THEN MADE CONTACT with THE PASSENGER, WHO STATED THAT, HE AND THE DEFENDANT SMOKED MARIJUANA APPROXIMATELY ONE HOUR PRIOR, WHILE AT A FRIEND'S RESIDENCE, BUT THAT ALL THE MARIJUANA HAD BEEN SMOKED. THE VEHICLE WAS THEN SEARCHED, AT WHICH TIME I LOCATED A SMALL BLACK BOX IN THE CENTER CONSOLE THAT CONTAINED A SMALL CIRCULAR TYLENOL CONTAINER. INSIDE THE CONTAINER WERE SEVERAL TYLENOL PILLS ALONG WITH SEVERAL SMALL PIECES OF SMALL WHITE CHUNKS, WHICH APPEARED TO BE PIECES OF A CRUSHED PILL. THE WHITE CHUNKS SUBSEQUENTLY FIELD TESTED POSITIVE FOR AN OBITUATE. I ALSO LOCATED A KEY RING BETWEEN THE CENTER CONSOLE AND SEAT AREAS THAT CONTAINED A BLACK CONTAINER. INSIDE THE CONTAINER WAS A GREEN LEAFY SUBSTANCE THAT I RECOGNIZED TO BE MARIJUANA. I THEN ONCE AGAIN, MADE CONTACT WITH THE DEFENDANT AND READ HIM HIS MIRANDA WARNINGS VIA CARD, WHICH HE STATED HE UNDERSTOOD AND WISHED TO SPEAK TO ME IN REGARDS TO THIS CASE. THE DEFENDANT THEN STATED THE WHITE CHUNKS WERE PIECES OF EITHER PERCOCET OR VICODIN THAT HE HAD BROUGHT WITH HIM FROM NEW YORK, HOWEVER HE STATED HE DID NOT HAVE A PRESCRIPTION FOR EITHER. HE CONTINUED THAT THE BLACK BOX, TYLENOL BOTTLE, AND PIECES OF the CRUSHED PILL WERE HIS. HE ADDITIONALLY STATED THAT THE MARIJUANA FOUND in the BLACK CONTAINER WAS HIS, ALONG WITH THE KEYS THAT THE CONTAINER WAS ATTACHED TO. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR POSSESSION OF A CONTROLLED SUBSTANCE AND POSSESSION OF CANNABIS UNDER 20 GRAMS. THE DEFENDANT'S BOND WAS SET AT $5,500 PER the BOND SCHEDULE. THE DEFENDANT'S VEHICLE WAS MOVED IN THE PARKING LOT OF SKI BEACH AND WAS LEFT ON SCENE AT HIS REQUEST. THE MARIJUANA WAS SUBSEQUENTLY WEIGHED AND SUBMITTED TO THE EVIDENCE DIVISION ALONG WITH THE WHITE PILLS. *NOT-EXEMPT* |
