| Probable cause affidavit: |
SUBMITTED BY: AGUILERA, EMANUEL 1238 (AR 14-12335) (14-139580) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: 57 GRAMS OF CANNABIS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: .2 GRAMS OF CRYSTAL METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). 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: ONE GLASS SMOKING PIPE COMMONLY USED TO SMOKE CANNABIS AND ONE GLASS SMOKING PIPE COMMONLY USED TO SMOKE CRYSTAL METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ON 101014 I WAS IN MY MARKED PATROL VEHICLE TRAVELING EAST ON WEST HOLIDAY STREET IN the AREA OF NORTH SLASH PINE WHEN I OBSERVED A SILVER FOUR DOOR VEHICLE TRAVELING WEST ON WEST HOLIDAY STREET TRAVAILING IN MY DIRECTION. AS THE VEHICLE APPROACHED ME I OBSERVED THE WINDSHIELD TO BE CRACKED ACROSS THE DRIVER SIDE OF THE VEHICLE AFFECTING THE DRIVER'S VIEW. I THEN EXECUTED A U-TURN, GOT BEHIND SAID VEHICLE, A 2001 NISSAN BEARING KENTUCKY LICENSE PLATE 278PNK WHERE I OBSERVED THE LICENSE PLATE TO BE EXPIRED. I ACTIVATED MY OVERHEAD EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP ON SAID VEHICLE IN THE AREA OF WEST HOLIDAY STREET AND SOUTH SKYLARK TERRACE AT WHICH TIME I MADE CONTACT WITH THE DRIVER, MR MATTHEW CLARKSON AND ADVISED HIM OF THE REASON FOR THE TRAFFIC STOP. HE ADVISED HE WAS WORKING ON GETTING HIS VEHICLE REGISTERED AS WELL AS GETTING THE WINDSHIELD FIXED. I REQUESTED MR CLARKSON'S DRIVER'S LICENSE, REGISTRATION, AND PROOF OF INSURANCE OF WHICH HE WAS NOT ABLE TO PROVIDE ME WITH ANY OF THESE DOCUMENTS. THE DRIVER DID PROVIDE HIS NAME AND DATE OF BIRTH ON A SHEET OF PAPER. AS I WAS SPEAKING TO THE DRIVER, I OBSERVED FOUR OTHER OCCUPANTS IN THE VEHICLE. THE FRONT PASSENGER SEAT OCCUPANT WAS IDENTIFIED AS MR THOMAS HALE, THE REAR PASSENGER SEAT OCCUPANT WAS IDENTIFIED AS THE DEFENDANT, MR KYLE ROSS, THE CENTER REAR SEAT OCCUPANT WAS IDENTIFIED AS MS AMANDA PROVOST, AND THE REAR DRIVER SIDE SEAT OCCUPANT WAS IDENTIFIED AS MR COREY ROSS. I ASKED ALL OF THE INDIVIDUALS FOR THEIR IDENTIFICATION TO WHICH THEY PROVIDED THIS DEPUTY. WHILE SPEAKING with THE DRIVER OF THE VEHICLE, I NOTICED HIM TO BE VERY NERVOUS AND FIDGETY. I ASKED THE DRIVER IF THERE WAS ANYTHING ILLEGAL IN the VEHICLE TO WHICH HE ADVISED THERE WAS NOT. I REQUESTED CANINE DEPUTY HRYC TO RESPOND TO MY LOCATION WHERE HE ARRIVED ON SCENE AND DEPLOYED HIS CANINE PARTNER. SEE HIS CANINE SUPPLEMENT. DEPUTY HRYC ADVISED HIS CANINE DID ALERT TO the VEHICLE. ALL OCCUPANTS WERE ASKED TO EXIT THE VEHICLE AND WERE SUBSEQUENTLY SEARCHED FOR WEAPONS AND NARCOTICS. DEPUTY HRYC LOCATED A BLACK BACKPACK IN THE RIGHT REAR PASSENGER SEAT THAT BELONGED TO THE DEFENDANT. I ASKED THE DEFENDANT IF THERE WAS ANYTHING ILLEGAL IN THE BACK PACK TO WHICH HE ADVISED THERE WAS NOT. DEPUTY HRYC SEARCHED THE DEFENDANT'S BACK PACK WHERE HE LOCATED A CLEAR PLASTIC BAGGIE WITH APPROXIMATELY 29 GRAMS OF MARIJUANA AS WELL AS ANOTHER CLEAR PLASTIC BAGGIE with APPROXIMATELY 28 GRAMS OF MARIJUANA, AS WELL AS A SMALL BLACK SAFE. THE DEFENDANT PROVIDED DEPUTY HRYC THE KEY TO THE SAFE WHICH CONTAINED ONE GLASS MARIJUANA PIPE, ONE GLASS METHAMPHETAMINE PIPE, AND .2 GRAMS OF CRYSTAL METHAMPHETAMINE. I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF CONTROLLED SUBSTANCE (METHAMPHETAMINE), POSSESSION OF MARIJUANA OVER 20 GRAMS, AND TWO COUNTS OF POSSESSION OF PARAPHERNALIA . THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. THEN READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD. I ASKED THE DEFENDANT IF THE MARIJUANA WAS HIS TO WHICH HE ADVISED YES. I ASKED THE DEFENDANT ABOUT HE GLASS SMOKING PIPES AND HE ADVISED THEY WERE HIS. I ALSO ASKED THE DEFENDANT ABOUT THE CRYSTAL METHAMPHETAMINE TO WHICH HE ADVISED IT WAS HIS. HE ADVISED THE DRUGS WERE FOR HIS PERSONAL USE; HOWEVER HE ADVISED HE SOMETIMES SELLS THE DRUGS TO MAKE A LITTLE MONEY. THE DEFENDANT WAS PLACED IN THE REAR OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DEPUTY HRYC TESTED THE MARIJUANA, METHAMPHETAMINE, AND THE GLASS SMOKING PIPES UTILIZING AN AGENCY ISSUED FIELD TEST KIT WHERE THEY TESTED POSITIVE FOR THE PRESENCE OF NARCOTICS. THE DEFENDANTâS BOND WAS SET AT $2,000.00 FOR TWO COUNTS OF POSSESSION OF DRUG PARAPHERNALIA, $2,000.00 FOR POSSESSION OF A CONTROLLED SUBSTANCE (METHAMPHETAMINE), AND $2,000.00 FOR POSSESSION OF A CONTROLLED SUBSTANCE (MORE THAN 20 GRAMS OF MARIJUANA) FOR A TOTAL BOND OF $6,000.00 PER THE BOND SCHEDULE. |
