| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR10114029) DID UNLAWFULLY AND KNOWINGLY HAVE IN HER 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'S STATE STATUTE 893.13(6)(B). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY RICHEY, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT REMOVED HER RIGHT ARM FROM MY HANDCUFFING POSSESSION, REACHED WITHIN HER BLACK PURSE, GRABBED WHAT WAS BELIEVED TO BE MARIJUANA AND THREW IT IN FRONT OF HER VEHICLE, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA'S STATE STATUTE 843.02. ON 032910 AT APPROXIMATELY 0314 HOURS, I WAS DRIVING SOUTHBOUND ON HIGHWAY 491 IN THE AREA OF CARDINAL LANE, WHEN I NOTICED A SUV FOLLOWING AT A CLOSE DISTANCE. I THEN EXITED TO THE RIGHT SHOULDER, WHERE THE VEHICLE EXITED AS WELL. A WHITE FEMALE EXITED THE DRIVER'S SEAT OF THE RED JEEP CHEROKEE WHERE I IMMEDIATELY IDENTIFIED HER AS A PASSENGER OF A VEHICLE FROM A TRAFFIC STOP FROM THE NIGHT BEFORE. DURING THAT TRAFFIC STOP, ONE OF HER ACQUAINTANCES WAS FOUND TO HAVE A WRIT OF BODILY ATTACHMENT. AT THAT TIME, SHE ADVISED ME THAT SHE WAS HEADING TO THE CITRUS COUNTY DETENTION FACILITY TO BAIL HER ACQUAINTANCE OUT. I IMMEDIATELY SMELLED THE ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HER PERSON. SHE ADVISED ME THAT SHE WAS LOST AND AT THAT TIME I ASKED HER IF SHE HAD ANYTHING TO DRINK, SHE STATED SIX BEERS. I THEN ASKED HER WHAT TIME FRAME SHE DRANK THE SIX BEERS IN, SHE COULD NOT ADVISE ME. I THEN ASKED HER TO PERFORM A FIELD SOBRIETY TEST FOR ME, SHE AGREED. I CONDUCTED HORIZONTAL GAZE NYSTAGMUS, ON THE DEFENDANT, AT WHICH TIME SHE PERFORMED POORLY. I THEN ADVISED THE DEFENDANT THAT SHE NEEDED TO FIND A RIDE HOME, SHE COULD NOT DRIVE. THE DEFENDANT WAS HAVING DIFFICULTY CALLING FOR A RIDE, SO I OFFERED TO TRANSPORT HER BACK TO FLORAL CITY. SHE ADVISED THAT WOULD BE FINE. WHILE I WAS STANDING NEXT TO THE RED JEEP, I DID NOTICE AN OPEN CONTAINER OF BEER IN THE PASSENGER'S SEAT THAT APPEARED TO BE EMPTY. SHE THEN GATHERED HER THINGS, INCLUDING HER BLACK PURSE AND SECURED HER VEHICLE ON THE SIDE OF THE ROADWAY. WHILE THE DEFENDANT AND I WERE STANDING AT THE FRONT OF HER VEHICLE, I ASKED FOR CONSENT TO SEARCH HER BLACK PURSE, DUE TO THE FACT THAT SHE WOULD BE RIDING IN MY PATROL CAR. SHE GRANTED PERMISSION. WHILE CONDUCTING A SEARCH OF HER BLACK PURSE, I LOCATED A CLEAR BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE, WHICH FROM MY TRAINING AND EXPERIENCE, I BELIEVED TO BE MARIJUANA. AT THAT TIME, I ATTEMPTED TO PLACE THE DEFENDANT UNDER ARREST BY PLACING HER HANDS BEHIND HER BACK AND PLACING THE HANDCUFF ON HER LEFT HAD, HOWEVER, SHE REMOVED HER RIGHT HAND FROM MY RIGHT HAND, GRABBED THE CLEAR BAGGIE CONTAINING THE GREEN LEAFY SUBSTANCE AND THREW IT TOWARDS THE FRONT OF HER VEHICLE, CAUSING IT TO LAND IN THE GRASSY AREA. I WAS THEN ABLE TO SECURE THE HANDCUFF ON HER RIGHT HAND. SHE ADVISED SHE WANTED TO LEAVE HER VEHICLE SECURE ON THE SIDE OF THE ROADWAY. SHE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, I WEIGHED THE GREEN LEAFY SUBSTANCE THOUGHT TO BE MARIJUANA, WHICH WEIGHED 7.8 GRAMS. I FIELD TESTED THE GREEN LEAFY SUBSTANCE WHICH TESTED POSITIVE FOR CANNABIS. AT THAT TIME, THE DEFENDANT WAS CHARGED WITH POSSESSION OF CANNABIS LESS THAN 20 GRAMS WITH A BOND OF $500 AND OBSTRUCTING AN OFFICER WITHOUT VIOLENCE WITH A BOND OF $500. THE CLEAR PLASTIC BAGGIE CONTAINING THE GREEN LEAFY SUBSTANCE WAS TURNED IN TO EVIDENCE. *NOT-EXEMPT* |
