| Probable cause affidavit: |
SUBMITTED BY: WARD, JOHN 0603 (AR08106567) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CRACK COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); AND 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 STATE STATUTE 893.13(6)(B); AND DID OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT HE HAD BEEN DIRECTED TO STOP SUCH VEHICLE BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER, DID WILLFULLY REFUSE OR FAIL TO STOP SUCH VEHICLE IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(1); AND did, knowing HIS driver's license or driving privilege had been cancelled, suspended or revoked, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.34(2)(a). AT APPROXIMATELY 0219 HOURS ON 120508, I WAS CONDUCTING STATIONARY RADAR TRAFFIC ENFORCEMENT ON HIGHWAY 41 IN A 45 MILE AN HOUR ZONE WHEN THE DEFENDANT'S VEHICLE WAS OBSERVED HEADING NORTHBOUND ON 41. I ESTIMATED THE VEHICLE TO BE TRAVELING AT 58 MILES PER HOUR. I INITIATED MY RADAR, TO which IT GAVE A TARGET SPEED READING OF 62 MILES PER HOUR. I THEN PULLED IN BEHIND THE DEFENDANT'S VEHICLE, INITIATED MY EMERGENCY LIGHTS, THE DEFENDANT THEN PULLED HIS VEHICLE OVER JUST NORTH OF EAST GOBBLER DRIVE ON 41. I APPROACHED THE VEHICLE WAITING FOR THE DRIVER TO ROLL DOWN HIS WINDOW. THE DEFENDANT THEN LOOKED AT ME AND THE STARTED TALKING WITH THE PASSENGER. THE PASSENGER THEN GOT OUT OF THE VEHICLE AND ASKED WHY I PULLED THEM OVER. I THEN STATED THE DRIVER WAS SPEEDING AND THAT I WOULD TALK TO HIM ABOUT THAT. I THEN ASKED THE DEFENDANT TO ROLL DOWN THE DRIVER SIDE WINDOW. AT which TIME, HE LOOKED AT THE PASSENGER AGAIN AND TOLD HER TO MOVE. THE DEFENDANT THEN PUT THE VEHICLE IN DRIVE, MADE A U-TURN HEADING SOUTHBOUND ON 41. I THEN RAN BACK TO MY PATROL VEHICLE, TURNED AROUND, AND FOLLOWED THE DEFENDANT'S VEHICLE. THE DEFENDANT THEN TURNED LEFT ONTO EAST GOBBLER DRIVE. WHILE TRYING TO CATCH UP TO THE DEFENDANT VEHICLE ON EAST GOBBLER DRIVE I HAD SLOWED DOWN BECAUSE OF THE HARD RIGHT TURN ON EAST GOBBLER DRIVE. I BRIEFLY LOST SIGHT OF THE DEFENDANT'S VEHICLE AND THEN AS I WAS GOING THROUGH THE TURN THE DEFENDANT'S VEHICLE HAD APPARENTLY LOST TRACTION AND SLID OFF THE ROADWAY CAUSING THE VEHICLE TO GET STUCK. I THEN GOT OUT OF MY PATROL VEHICLE, DREW MY TASER, AND ORDERED THE REAR PASSENGER AND DRIVER TO THE GROUND, TO WHICH THEY COMPLIED. I THEN HANDCUFFED BOTH THE DEFENDANT AND THE PASSENGER. BACK UP DEPUTY T BEAGAN AND DEPUTY C PHILLIPS ARRIVED SHORTLY AFTER. THE DEFENDANT WAS THEN PLACED IN THE REAR OF MY PATROL VEHICLE. I THEN DID A BRIEF LOOK INSIDE OF THE DEFENDANT'S VEHICLE AND DID OBSERVE THE DRIVERS SIDE DOOR AJAR. DEPUTY BEGAN AND DEPUTY PHILLIPS SEARCHED INCIDENT TO ARREST THE VEHICLE, BUT DID NOT FIND ANYTHING INSIDE OF THE VEHICLE. THEY ADVISED ME THAT THE DRIVERS SIDE DOOR WAS SLIGHTLY OPENED, BUT COULD NOT SEARCH THE DRIVERS SIDE OF THE VEHICLE DUE TO HEAVY BRUSH. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE AT THE DETENTION FACILITY DEPUTY BEGAN HAD CALLED ME VIA TELEPHONE AND INFORMED ME THAT AFTER THE VEHICLE WAS MOVED HE HAD SEARCHED THE AREA OF WHERE THE VEHICLE WAS AND LOCATED A SMALL CLEAR PLASTIC BAG OF WHAT APPEARED TO BE CRACK COCAINE AND A SMALL PLASTIC BAG OF WHAT APPEARED TO BE MARIJUANA. DEPUTY PHILLIPS FIELD TESTED THE CONTINENTS IN BOTH PLASTIC BAGS with A POSITIVE RESULTS FOR BOTH COCAINE AND MARIJUANA. THEY ADVISED ME THE VEHICLE WAS RELEASED TO THE ORIGINAL RENTER. THE DEFENDANT WAS ISSUED A UNIFORM TRAFFIC CITATION NUMBER 1175-FIR, FOR SPEEDING AND ORDERED TO PAY $206.00 WITHIN THIRTY DAYS, CRIMINAL CITATION FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED NUMBER 7802-FYK, WITH A BOND AMOUNT OF $500.00, AND CRIMINAL CITATION FOR FLEEING AND ATTEMPTING TO ELUDE A POLICE OFFICER, AND CITATION NUMBER 7801-FYK, WITH A BOND AMOUNT OF $5000.00 FOR THE POSSESSION OF CANNABIS. A BOND AMOUNT WAS ISSUED FOR $500.00 FOR THE POSSESSION OF THE COCAINE AND A BOND AMOUNT WAS ISSUED FOR $2,000.00 FOR THE POSSESSION OF A CONTROLLED SUBSTANCE. THE DEFENDANT'S TOTAL BOND WAS SET AT $8,000.00. THE DEFENDANT'S CRIMINAL COURT DATE WAS SET FOR 010809 AT 1300 HOURS. DEPUTY PHILLIPS THEN RESPONDED OUT TO THE DETENTION FACILITY AND TURNED OVER THE EVIDENCE TO ME, WHICH WILL BE PLACED INTO THE EVIDENCE ROOM. *NOT-EXEMPT* |
