| Probable cause affidavit: |
SUBMITTED BY: CRUZ, ABNER 0517 (AR10113783) 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'S STATE STATUTE 893.13(6)(B). 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: ROLLING PAPERS, IN VIOLATION OF FLORIDA'S STATE STATUTES 893.147(1)(B). ON 031310, DETECTIVE BLAIR CONDUCTED A TRAFFIC STOP ON A 1989 CHEVY PICKUP TRUCK IN REFERENCE TO THE VEHICLE DRIVING AT SPEEDS OVER 90 MPH AND WEAVING IN AND OUT OF TRAFFIC. AT THAT TIME, DEPUTY MARSHALL AND I RESPONDED TO THE SCENE. WE MADE CONTACT WITH THE DEFENDANT, MR LEE WOODRUFF, WHO STATED THAT HIS SPEEDOMETER WAS NOT WORKING SO HE DID NOT KNOW HOW FAST HE WAS GOING. THE DEFENDANT APPEARED TO BE UNDER THE INFLUENCE OF ALCOHOL DUE TO HIS SLURRED SPEECH, INABILITY TO KEEP HIS BALANCE AND THE ODOR OF ALCOHOL EMITTING FROM HIS BREATH. I THEN REQUESTED FROM HIM HIS REGISTRATION TO WHICH HE ADVISED IT WAS IN THE GLOVE BOX. I ASKED IF IT WAS OKAY TO RETRIEVE IT AS HE WAS OUTSIDE OF THE VEHICLE, TO WHICH HE AGREED. DEPUTY BERGEN HAD ALREADY RESPONDED TO THE SCENE, AT WHICH TIME HE PROCEEDED TO RETRIEVE THE REGISTRATION FROM THE GLOVE BOX. HE THEN OBSERVED IN PLAIN VIEW A CLEAR PLASTIC BAG CONTAINING WHAT APPEARED TO BE CANNABIS AND NEXT TO IT A PACKAGE OF ROLLING PAPERS. DEPUTY BERGEN RETRIEVED THE CLEAR PLASTIC BAG CONTAINING THE GREEN LEAFY SUBSTANCE. MR WOODRUFF IN A SPONTANEOUS STATEMENT ADVISED, OK YOU GUYS GOT ME, JUST A LITTLE BIT OF MARIJUANA, REFERRING TO THE BAG THAT DEPUTY BERGEN RETRIEVED FROM THE VEHICLE. AT THAT TIME, THE DEFENDANT PLACED UNDER ARREST FOR POSSESSION OF CANNABIS LESS THAN 20 GRAMS AND POSSESSION OF DRUG PARAPHERNALIA, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), AND SECURED IN THE REAR OF THE UNMARKED UNIT AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $1,000, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A UNIFORM TRAFFIC CITATION NUMBER 1532ESH3 FOR FAILURE TO USE DUE CARE. THE MARIJUANA WAS WEIGHED IN AT APPROXIMATELY 5 GRAMS AND IT AND THE ROLLING PAPERS WERE TURNED IN TO EVIDENCE. *NOT-EXEMPT* |
