| Probable cause affidavit: |
SUBMITTED BY: AGUILERA, EMANUEL 1238 (AR16-18259) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO-WIT: 10.52 POUNDS OF CANNABIS, WITH THE INTENT TO SELL THE SAID SUBSTANCE TO ANOTHER PERSON, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(2). ON 021316, AT APPROXIMATELY 1838 HOURS, I OBSERVED A BLUE FOUR DOOR VEHICLE EXIT THE RACE TRAC LOCATED AT SOUTH SUNCOAST BOULEVARD AND WEST HOMOSASSA TRAIL, IN HOMOSASSA. UPON OBSERVING THE VEHICLE EXIT THE PARKING LOT, THE VEHICLE FAILED TO STOP AT THE CLEARLY MARKED STOP BAR/STOP SIGN AND STOPPED TWO FEET BEYOND THE STOP BAR/STOP SIGN. THE VEHICLE CONTINUED TO TRAVEL NORTHBOUND ON SOUTH SUNCOAST BOULEVARD, AT WHICH TIME I GOT BEHIND THE VEHICLE, BEARING FLORIDA LICENSE PLATE PF170G, ACTIVATED MY OVERHEAD EMERGENCY LIGHTS AND SIRENS, AND CONDUCTED A TRAFFIC STOP IN THE AREA OF 3029 SOUTH SUNCOAST BOULEVARD. UPON MAKING CONTACT WITH THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR LANELL BARNES, I ASKED HIM FOR HIS DRIVER'S LICENSE, VEHICLE REGISTRATION, AND PROOF OF INSURANCE. THE DEFENDANT PROVIDED ME WITH ALL THREE DOCUMENTS. I ADVISED THE DEFENDANT THE REASON FOR THE TRAFFIC STOP WAS HIM FAILING TO STOP AT THE CLEARLY MARKED STOP BAR/STOP SIGN AS HE EXITED THE RACE TRAC PARKING LOT, TO WHICH HE AGREED. WHILE SPEAKING WITH THE DEFENDANT, I ASKED HIM IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE, TO WHICH HE ADVISED THERE WAS NOT; HOWEVER, THE DEFENDANT DENIED CONSENT FOR THIS DEPUTY TO SEARCH THE VEHICLE. I RETURNED TO MY PATROL VEHICLE AND BEGAN TO WRITE THE DEFENDANT A WRITTEN WARNING FOR THE STOP BAR/STOP SIGN VIOLATION. WHILE I WAS COMPLETING THE WRITTEN WARNING, K-9 DEPUTY HRYC AND K-9 DEPUTY LABORDA ARRIVED ON SCENE. K-9 DEPUTY HRYC ADVISED THIS DEPUTY THAT HE WOULD BE DEPLOYING HIS K-9 PARTNER, K-9 ARES, FOR AN EXTERIOR SNIFF OF THE VEHICLE. A SHORT TIME LATER, K-9 DEPUTY HRYC ADVISED THAT K-9 ARES ALERTED TO THE DEFENDANT'S VEHICLE; SEE K-9 DEPUTY HRYC'S SUPPLEMENT FOR FURTHER. K-9 DEPUTY LABORDA THEN ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE AND EXPLAINED THAT K-9 ARES ALERTED TO HIS VEHICLE. K-9 DEPUTY LABORDA REQUESTED THE DEFENDANT TO STAND AT THE FRONT OF MY PATROL VEHICLE WITH K-9 DEPUTY HRYC. WHILE THE DEFENDANT STOOD BY WITH K-9 DEPUTY HRYC, K-9 DEPUTY LABORDA AND I CONDUCTED A HAND SEARCH OF THE INTERIOR OF THE DEFENDANT'S VEHICLE. INSIDE THE TRUNK OF THE DEFENDANT'S VEHICLE WE LOCATED A BLACK DUFFLE BAG. UPON OPENING THE BLACK DUFFLE BAG, WE LOCATED TEN INDIVIDUAL VACUUM SEALED BAGGIES, which CONTAINED A GREEN LEAFY SUBSTANCE THAT THROUGH OUR TRAINING AND EXPERIENCE WE BELIEVED TO BE CANNABIS. AT THAT TIME, I ASKED THE DEFENDANT WHAT WAS LOCATED INSIDE THE DUFFLE BAG. THE DEFENDANT ADVISED ME IT WAS APPROXIMATELY TEN POUNDS OF CANNABIS. K-9 DEPUTY HRYC THEN READ THE DEFENDANT HIS MIRANDA RIGHTS, VIA AN AGENCY ISSUED PREPRINTED MIRANDA CARD. K-9 DEPUTY HRYC FIELD TESTED THE GREEN LEAFY SUBSTANCE, WHICH TESTED POSITIVE FOR CANNABIS. I ASKED THE DEFENDANT IF THE CANNABIS BELONGED TO HIM, TO WHICH HE ADVISED IT DID. I ASKED HIM WHAT HE WAS DOING WITH THE LARGE QUANTITY OF CANNABIS AND HE ADVISED HE WAS MAKING A TRIP TO MARIANNA, FLORIDA, TO SELL THE CANNABIS. I ASKED HIM HOW MUCH HE SOLD EACH BAGGIE FOR, TO WHICH HE ADVISED $1,050.00. I ASKED HIM HOW MUCH HE PAID FOR EACH BAGGIE AND HE ADVISED $850.00, GIVING HIM A $200.00 PROFIT. I THEN ASKED THE DEFENDANT HOW LONG HE HAD BEEN SELLING CANNABIS AND HE ADVISED FOR APPROXIMATELY TEN YEARS. I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF CANNABIS WITH THE INTENT TO SELL. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED), SEARCHED, SECURED IN THE REAR OF MY PATROL VEHICLE, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT'S VEHICLE WAS TOWED BY DAVE'S BODY SHOP. K-9 DEPUTY HRYC WEIGHED THE TEN BAGGIES OF CANNABIS, WITH A TOTAL WEIGHT OF 10.52 POUNDS. THE CANNABIS WAS LATER TURNED IN TO EVIDENCE. I ISSUED THE DEFENDANT WRITTEN WARNING, WARNING NUMBER 400288B, FOR THE STOP BAR/STOP SIGN VIOLATION. THE DEFENDANT'S BOND WAS SET AT $10,000.00, PER THE BOND SCHEDULE. |
