| Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0652 (AR13-7874) (13-150708) 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 HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: 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). ON 110213 AT 1539 HOURS, WHILE CONDUCTING TRAFFIC ENFORCEMENT ON WEST DUNNELLON ROAD NEAR NORTH ANGUS HILLS TERRACE, I OBSERVED A RED GMC PICKUP TRUCK, BEARING FLORIDA TAG 5765BE, TO BE TRAVELING EASTBOUND ON WEST DUNNELLON ROAD. I VISUALLY ESTIMATED the VEHICLEâS SPEED BETWEEN 55 AND 60 MILES PER HOUR (MPH). AT THAT TIME I ACTIVATED MY AGENCY ISSUED AND CALIBRATED PYTHON III RADAR UNIT AND WAS GIVEN A READING OF 56 MPH IN A 50 MPH ZONE. AS THE VEHICLE PASSED ME I OBSERVED that THE VEHICLEâS WINDOW FILM WAS VERY DARK, DARK ENOUGH THAT I COULD NOT SEE THE DRIVER. I U-TURNED AND PROCEEDED TO CATCH UP TO THE VEHICLE. I THEN INITIATED A TRAFFIC STOP AT WEST DUNNELLON ROAD and NORTH ELKCAM BOULEVARD. THE DRIVER TURNED DOWN NORTH ELKCAM BOULEVARD AND SUSPICIOUSLY KEPT GOING AT A SLOW SPEED. DUE TO THE DARK TINT I COULD NOT SEE ANY MOVEMENT THAT THE DRIVER WAS DOING. THE VEHICLE FINALLY STOPPED AND I APPROACHED. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR LONNIE HURST, AND ASKED HIM FOR HIS LICENSE, REGISTRATION AND PROOF OF INSURANCE. THE DEFENDANT THEN PROVIDED THOSE DOCUMENTS AND WHILE SPEAKING WITH HIM, I COULD SMELL A VERY STRONG ODOR OF CANNABIS COMING FROM INSIDE THE VEHICLE. WHILE I WAS SPEAKING WITH THE DEFENDANT, I ASKED HIM TO ROLL UP HIS DRIVER SIDE WINDOW APPROXIMATELY HALF WAY SO I COULD TEST THE WINDOW FILM. I THEN TESTED the WINDOW WITH MY AGENCY ISSUED TM-100 TINT METER AND RECEIVED A READING OF 13 PERCENT WHEN 28 PERCENT IS APPLICABLE FOR the DRIVER SIDE WINDOW. I THEN QUESTIONED THE DEFENDANT ABOUT THAT AND HE ADVISED HE BOUGHT THE TRUCK THAT WAY. I THEN TOOK THE DEFENDANTâS INFORMATION AND RETURNED BACK TO MY PATROL VEHICLE. AT THAT TIME, DEPUTY NEAL (0676) AND DEPUTY J WEST (1286) ARRIVED ON MY TRAFFIC STOP AND THEY WERE INFORMED OF MY INVESTIGATION. I THEN ASKED the DEFENDANT TO EXIT THE VEHICLE AND UPON doing SO HE WAS ASKED ABOUT THE SMELL OF CANNABIS INSIDE OF HIS VEHICLE. HE ADVISED HE WAS SMOKING A BLUNT WHILE HE WAS DRIVING AND WHEN HE SAW THIS DEPUTY TURN BEHIND HIM HE THREW IT OUT THE WINDOW. THE DEFENDANT THEN BECAME VERY NERVOUS AND HIS BODY LANGUAGE WAS TELLING ME THAT HE WAS SCARED. THE DEFENDANT WAS THEN ASKED IF THERE WAS ANYMORE CANNABIS INSIDE THE VEHICLE AND HE STATED YES THERE WAS. THE DEFENDANT WAS THEN DETAINED IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK AND SAT ON the TAILGATE OF HIS TRUCK UNTIL A SEARCH OF HIS VEHICLE COULD BE CONDUCTED. DEPUTY NEAL AND DEPUTY J WEST THEN SEARCHED the VEHICLE AS I STAYED WITH the DEFENDANT. I WAS NOTIFIED BY DEPUTY NEAL THAT NARCOTICS HAD BEEN LOCATED, AT WHICH TIME I READ THE DEFENDANT HIS MIRANDA WARNINGS VIA PREPRINTED CARD. THE DEFENDANT ADVISED HE DID UNDERSTOOD HIS RIGHTS AND DID WISH TO SPEAK WITH ME. I ASKED the DEFENDANT IF THERE WAS ANYTHING BESIDES CANNABIS INSIDE THE VEHICLE and HE SAID YES THAT HE PUTS COCAINE ON HIS âWEEDâ WHEN HE SMOKES IT. DEPUTY NEAL ADVISED THAT HE HAD LOCATED THREE INDIVIDUAL BAGGIES OF CANNABIS, ONE CANNABIS BLUNT, ONE PRESCRIPTION BOTTLE CONTAINING A PIECE OF CRACK COCAINE, LATER WEIGHED AT .2 GRAMS, A BLUE BAGGIE CONTAINING A WHITE POWDER that LATER TESTED POSITIVE FOR COCAINE AND WEIGHED .4 GRAMS, AND A YELLOW BAGGIE WITH COCAINE RESIDUE. SEE DEPUTY NEALâS SUPPLEMENT. DEPUTY NEAL ASKED the DEFENDANT IF HE WAS A CONVICTED FELON, TO WHICH HE STATED YES. DEPUTY NEAL ADVISED HE HAD LOCATED A WINCHESTER 30-30 ROUND OF AMMUNITION IN THE DEFENDANTâS VEHICLE. THE DEFENDANT ADVISED THAT HE HAS HAD HIS RIGHTS RESTORED AND IS ALLOWED TO BE IN POSSESSION OF AMMUNITION. THIS DEPUTY WILL CONTACT the CLEMENCY BOARD AT A LATER DATE TO CONFIRM. THE DEFENDANT WAS THEN PLACED UNDER ARREST, SECURED IN the BACK OF MY PATROL VEHICLE AND TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. HIS VEHICLE WAS PICKED UP UPON HIS REQUEST BY MR ERNEST JONES, WHO WAS GIVEN THE KEYS AND TOOK POSSESSION OF THE VEHICLE. THE DEFENDANT WAS ISSUED WARNING CITATION NUMBER 361701B FOR SPEEDING AND ISSUED WARNING CITATION NUMBER 361702B FOR HIS ILLEGAL WINDOW TINT. ALL EVIDENCE COLLECTED WAS PACKAGED AND TURNED INTO EVIDENCE. the DEFENDANTâS BOND WAS SET AT A TOTAL OF $10,500.00, PER THE BOND SCHEDULE. |
