| Probable cause affidavit: |
SUBMITTED BY: GRANGE, ROBERT 1397 (AR15-17442) 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(3)(A); AND DID OPERATE A MOTOR VEHICLE ON THE ROADWAYS OR HIGHWAYS OF THE STATE OF FLORIDA WITH WILLFUL AND WANTON DISREGARD FOR THE SAFETY OF PERSONS OR PROPERTY; TO WIT: FAILING TO MAINTAIN TRACTION OF VEHICLE ON ROADWAYS IN VIOLATION OF FLORIDA STATE STATUE 316.192(1)(A); AND 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: A MARIJUANA SMOKING PIPE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 113015, I RESPONDED TO THE AREA OF NORTH CITRUS AVENUE AND EDWARD STREET IN REFERENCE TO AN UNRELATED VEHICLE BURGLARY. AIR TWO WAS ON SCENE AND ADVISED THEY WERE ABLE TO SEE A PICKUP TRUCK PARKED NEAR THE LOCATION OF THAT INCIDENT. DURING THE CANVASS OF the AREA AND WHILE DRIVING NORTHBOUND ON NORTH CITRUS AVENUE, A DARK COLORED PICKUP TRUCK PASSED ME TRAVELING SOUTHBOUND. AS THE VEHICLE PASSED MY PATROL VEHICLE I HEARD AN EXTREMELY LOUD NOISE EMIT FROM the TRUCK WHICH SOUNDED LIKE AN AIR HORN. I IMMEDIATELY TURNED MY PATROL VEHICLE AROUND AND WITNESSED the VEHICLE TURN EAST ON DUNKLIN STREET AT A HIGH RATE OF SPEED. WHILE ATTEMPTING TO CATCH UP TO THE VEHICLE, I WITNESSED THE VEHICLE VEER INTO THE WESTBOUND LANE OF TRAFFIC AND AGGRESSIVELY TURN THE VEHICLE RIGHT ON NORTH FERNANDINA AVENUE. THIS ACTION CAUSED THE FRONT OF THE VEHICLE TO DIP AND THE REAR TIRES LOSE TRACTION SENDING THE VEHICLE IN AN UNCONTROLLED SKID. the VEHICLE REGAINED CONTROL AND CONTINUED SOUTHBOUND ON NORTH FERNANDINA AVENUE. the VEHICLE WAS APPROXIMATELY ONE-QUARTER MILE AHEAD OF ME AT THE TIME I TURNED ON NORTH FERNANDINA AVENUE. AS the CREST OF MY HEADLIGHT ILLUMINATED THE REAR OF THE VEHICLE, I WITNESSED THE VEHICLE QUICKLY JERK RIGHT ON RAYBURN AVENUE IN WHAT APPEARED TO BE AN ATTEMPT TO AVOID DETECTION. IT WAS AT THAT POINT, JUST SOUTH OF NEWCASTLE STREET, THAT I ACTIVATED MY LIGHTS AND SIRENS. THE VEHICLE INSTANTLY INCREASED SPEED AND RAN A FOUR-WAY STOP SIGN INTERSECTION LOCATED AT NORTH FERNANDINA AVENUE AND WEST COPENHAGEN STREET. I THEN ALERTED DISPATCH A VEHICLE WAS ATTEMPTING TO FLEE AND ELUDE AND AFTER APPROXIMATELY A ONE-HALF MILE PURSUIT, THE VEHICLE CAME TO A STOP ON the WEST SHOULDER OF NORTH FERNANDINA AVENUE (IT SHOULD BE NOTED SPEEDS REACHED APPROXIMATELY 50 MILES PER HOUR IN A POSTED 30 MILE PER HOUR ZONE). AT THAT POINT, K-9 DEPUTY LABORDA (0735) AND HIS CANINE PARTNER, GUNNY, ARRIVED ON SCENE. THE DRIVER WAS REMOVED FROM the VEHICLE UTILIZING A FELONY TAKEDOWN TECHNIQUE WITHOUT INCIDENT. K-9 DEPUTY LABORDA THEN HANDCUFFED AND SEARCHED THE DEFENDANT, WHICH YIELDED ONE MARIJUANA SMOKING PIPE LOCATED IN THE DEFENDANT'S RIGHT FRONT POCKET. THE CONTENTS WITHIN THE MARIJUANA SMOKING PIPE TESTED PRESUMPTIVE POSITIVE FOR THE PRESENCE OF THC UTILIZING A FIELD TEST KIT. K-9 DEPUTY LABORDA ADVISED THIS DEPUTY THAT HIS CANINE PARTNER GUNNY ALERTED ON the VEHICLE. SEE K-9 DEPUTY LABORDA'S SUPPLEMENT. WHILE CONDUCTING A BACKGROUND CHECK OF THE DEFENDANT VIA TELETYPE AND WHILE SIMULTANEOUSLY K-9 DEPUTY LABORDA WAS SEARCHING THE DEFENDANT'S VEHICLE, the DEFENDANT SPONTANEOUSLY UTTERED, "THEY AREN'T GOING TO FIND ANYTHING IN THERE. I ALREADY SMOKED IT." THE DEFENDANT WAS PLACED IN THE REAR OF MY PATROL VEHICLE WHERE I ADVISED HIM OF HIS MIRANDA RIGHTS VIA AGENCY PREPRINTED MIRANDA CARD. THE DEFENDANT ACKNOWLEDGED HE UNDERSTOOD HIS RIGHTS AND DECLINED TO ANSWER ANY QUESTIONS. WHILE ON SCENE, K-9 DEPUTY LABORDA AND OTHER RESPONDING DEPUTIES CONDUCTED A WALKING CANVASS OF THE PURSUIT PATH and DISCOVERED AN AIR HORN ON the EAST SHOULDER OF NORTH FERNANDINA AVENUE, WHICH WAS COLD TO THE TOUCH INDICATING IT HAD RECENTLY BEEN DISCHARGED. WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT MADE THE following UNSOLICITED STATEMENT, "I ONLY RAN FROM YOU BECAUSE I DIDN'T WANT TO GET IN TROUBLE FOR USING THE HORN." THE DEFENDANT WAS THEN ISSUED A CITATION FOR FLEEING AND ELUDING, NUMBER 0628GQG9; RECKLESS DRIVING, NUMBER 0629GQGX; FAILING TO STOP AT A STOP SIGN, NUMBER 0630GQG3; POSSESSION OF DRUG PARAPHERNALIA, NUMBER 0631GQG4 AND UNLAWFUL USE OF A HORN, NUMBER 0632GQG5. BOND WAS SET AT A TOTAL $3,500.00 PER THE BOND SCHEDULE. A TOW SHEET WAS COMPLETED AND THE VEHICLE WAS TOWED BY KNIGHTLY TOWING TO THEIR STORAGE YARD. |
