| Probable cause affidavit: |
SUBMITTED BY: HUGHES, JAMES 0500 (AR-1272) did then and there unlawfully have in HIS actual or constructive possession OF a certain habit-forming, toxic, harmful, new or legend drug subject to Section 499.003, Florida Statutes, to-wit: BUPRENORPHINE, without having obtained said drug by a valid prescription, in violation of Florida Statute 499.03(1). ON 052212, AT APPROXIMATELY 1900 HOURS, DETECTIVE CONLEY AND MYSELF WERE IN THE AREA OF 17 SALVIA COURT. WHILE ATTEMPTING TO GATHER INFORMATION ON AN UNRELATED INCIDENT, I WAS APPROACHED BY NUMEROUS NEIGHBORS AROUND THAT ADDRESS AND WAS ADVISED THAT THE RESIDENTS LIVING THERE WERE POSSIBLY SELLING PRESCRIPTION MEDICATION. I WAS ADVISED THAT DURING THE LATE NIGHT HOURS THERE IS A LOT OF TRAFFIC IN AND OUT OF THE RESIDENCE AND THAT THEY KNOW THAT THE INDIVIDUALS LIVING THERE ARE ON PAIN MEDICATION AND THEY BELIEVE THAT DUE to the TRAFFIC, THEY BELIEVE MEDICATIONS ARE BEING SOLD. THE NEIGHBORS ADVISED THAT THE INDIVIDUALS LIVING THERE DRIVE A WHITE CHEVY TRUCK THAT IS EXTREMELY LOUD. WE ATTEMPTED TO MAKE CONTACT AT 17 SALVIA COURT, WHICH MET WITH NEGATIVE RESULTS. AS DETECTIVE CONLEY LEFT THE AREA, A SHORT TIME AFTERWARDS, DETECTIVE CONLEY ADVISED THAT HE HAD INITIATED A TRAFFIC STOP ON THAT VEHICLE AT BIRCH TREE STREET AND ASTERS COURT. AT WHICH TIME, I RESPONDED TO HIS LOCATION. UPON MY ARRIVAL, I MADE CONTACT WITH THE PASSENGER OF THE VEHICLE, MS NANCY NIHART, IN REFERENCE TO A POSSIBLE WARRANT OUT OF HERNANDO COUNTY WHILE DETECTIVE CONLEY SPOKE with DRIVER/DEFENDANT, MR LAWRENCE KOHUT. AT THAT TIME, K-9 DEPUTY HRYC, ARRIVED AS BACK-UP. I ASKED MS NIHART TO PLEASE EXIT THE VEHICLE DUE TO TELETYPE ATTEMPTING TO CONFIRM HER WARRANT. K-9 DEPUTY HRYC, WALKED HIS K-9 AROUND THE VEHICLE HE ADVISED THAT THE DOG THEN MADE PHYSICAL ALERT ON THE VEHICLE. AT THAT TIME, DETECTIVE CONLEY HAD BROUGHT THE DEFENDANT TO THE FRONT OF HIS PATROL VEHICLE WHERE I WAS CURRENTLY STANDING AND HE ASKED THE DEFENDANT IF HE HAD ANYTHING IN HIS POCKETS, AT WHICH TIME, LOCATED IN HIS RIGHT UPPER/SMALLER PANTS POCKET WHERE LOCATED TEN SMALL OVAL PILLS. WHEN THE DEFENDANT WAS ASKED WHAT THEY WERE HE ADVISED THAT THEY WERE A PAIN PILL WHICH HE WAS PRESCRIBED. HE ADVISED THAT HE JUST GRABBED A HANDFUL OF THEM FROM HIS RESIDENCE WHEN HE WAS WALKING OUT THE DOOR. HE ADVISED THAT HE DID NOT BELIEVE HE NEEDED HIS BOTTLE AND that HE WAS JUST GONG OVER TO SEE A FRIEND. HE ADVISED THAT HE KNOWS THAT IT LOOKED LIKE HE WAS ATTEMPTING TO SELL THEM, BUT HE WAS NOT. AT THAT TIME, THE DEFENDANT WAS PLACED IN HANDCUFFS (DOUBLE LOCKED) IN THE REAR. THE DEFENDANT THEN ADVISED THAT HIS PRESCRIPTION GETS FILLED OUT OF TAMPA AND THAT THE PHARMACY WAS CLOSED. AT THAT TIME, I WAS UNABLE TO CONFIRM THE VALIDATION OF HIS PRESCRIPTION. I ADVISED HIM THAT HE WAS BEING PLACED UNDER ARREST FOR HAVING POSSESSION OF MEDICAL DRUG WITHOUT A PRESCRIPTION. HE WAS THEN PLACED IN THE REAR OF MY PATROL VEHICLE. MS NIHARTâS WARRANT WAS CONFIRMED THROUGH TELETYPE, AND SHE WAS ALSO PLACED IN THE REAR OF MY PATROL VEHICLE. BOTH SUBJECTS WERE TRANSPORTED TO CITRUS COUNTY DETENTION FACITLL8Y FOR BOOKING AND PROCESSING. THE DEFENDANT THE DEFENDANTâS BOND WAS SET AT 250.00, PER THE BOND SCHEDULE. THE VEHICLE WAS TOWED BY ADAMS TOWING. THE DEFENDANT MEDICATION WAS TURNED OVER TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION. |
