Probable cause affidavit: |
SUBMITTED BY: TULLY, JAMES 1342 (AR17-22699) DId knowingly, willfully and feloniously be in the actual or constructive possession of a controlled substance, to-wit: METHAMPHETAMINE, in violation of Florida Statutes 893.13(6)(A). DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, (THIRD CONVICTION) DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE, 322.34(2)(C). ON 021817, AT APPROXIMATELY 1000 HOURS, I WAS CONDUCTING TRAFFIC ENFORCEMENT IN THE BEVERLY HILLS AREA. AT THAT TIME, I WAS TRAVELING BEHIND A WHITE IN COLOR TOYOTA CAMRY BEARING FLORIDA TAG, GUBE98. AS THE VEHICLE CAME TO STOP AT THE INTERSECTION OF SOUTH WADSWORTH AVENUE AND BEVERLY HILLS BOULEVARD, THE VEHICLE FAILED TO COME TO A COMPLETE STOP BEHIND THE STOP BAR LOCATED AT THAT INTERSECTION. AS THE VEHICLE TURNED WESTBOUND ONTO BEVERLY HILLS BOULEVARD, DEPUTY TITUS (1243) WAS SITTING IN THE MEDIAN. AS THE VEHICLE PASSED BY DEPUTY TITUS, I REQUESTED THAT HE CONDUCT A TRAFFIC STOP ON SAID VEHICLE. THE VEHICLE WAS SUBSEQUENTLY STOPPED AT NORTH LECANTO HIGHWAY AND BEVERLY HILLS BOULEVARD. I MADE CONTACT WITH THE DRIVER, IDENTIFIED AS MR LOWELL HALL/DEFENDANT ONE, AND INFORMED HIM OF THE REASON FOR THE TRAFFIC STOP BEING HIS FAILURE TO STOP AT THE DESIGNATED STOP BAR. WHILE SPEAKING WITH DEFENDANT ONE, I REQUESTED HIS DRIVERâS LICENSE, PROOF OF INSURANCE AND REGISTRATION. DEFENDANT ONE COULD ONLY PROVIDE THIS DEPUTY WITH THE REGISTRATION INFORMATION FOR THE VEHICLE, AND ADVISED HE DID NOT HAVE HIS DRIVERâS LICENSE. WHEN ASKED IF HE MEANT HE DID NOT HAVE THE DRIVERâS LICENSE WITH HIM OR IF IT WAS SUSPENDED/REVOKED, HE ADVISED IT WAS SUSPENDED. I OBSERVED ONE OTHER OCCUPANT INSIDE THE VEHICLE, LATER IDENTIFIED AS MS DEANA ATCHISON/DEFENDANT TWO. DEFENDANT ATCHISON ADVISED THAT THE VEHICLE BELONGED TO HER AND PROVIDED ME WITH HER FLORIDA DRIVERâS LICENSE. I THEN ASKED BOTH OCCUPANTS IF THEY WOULD CONSENT TO A SEARCH OF THE VEHICLE, TO WHICH THEY BOTH AGREED. BOTH DEFENDANTS WERE REMOVED FROM THE VEHICLE, AND UPON PATTING BOTH DEFENDANTâS DOWN, NOTHING ILLEGAL WAS LOCATED AT THAT TIME. UPON RUNNING DEFENDANT ONEâS INFORMATION THROUGH THE CITRUS COUNTY TELETYPE, I WAS INFORMED THAT HE HAD MULTIPLE WARRANTS FOR HIS ARREST. I WAS ALSO INFORMED THAT HIS DRIVING PRIVILEGE HAD BEEN SUSPENDED WITH TWO PRIOR DRIVING WHILE LICENSE SUSPENDED, CANCELLED OR REVOKED (THREE CONVICTIONS). I AGAIN MADE CONTACT WITH DEFENDANT ONE, MR LOWELL HALL. i ADVISED HIM THAT HE WAS BEING DETAINED, at which time he WAS HANDCUFFED (double locked) behind his back. DEPUTY TITUS, WHO WAS conducting a SEARch of the interior of the vehicle informed ME THAT he located a purse on the passenger seat where the passenger/DEFENDANT two was sitting. he advised that inside the purse, he LOCATED A METAL CAN CONTAINING APProximately THREE (3) PLASTIC BAGGIES containing A WHITE, CRYSTAL LIKE Substance. THRough MY tRaINing AND EXPERIENCE, i was able to identify the SUBSTANCE as METHamphetamine. ALSO located INSIDE THE METAL CAN WAS A ROuND BLUE in COLOR PILL WITH THE IMPRINT OF ââK9ââ ON IT. this was IDentified BY DRUGS.COM AS a 30 milligram oxycodone pill (a schedule two controlled substance). I THEN inspected THE PURSE that Deputy TITus INFOrmed ME HE had LOCated THE PILL, AND was ABLE TO POSITIVELY IDentify THE PURSE AS BELonging TO DEFendant TWO. this was DUE TO DEFENDANT two HAVING PULLED HER WALLET OUT OF HER PURSE to provide her florida driverâs license. DEFENDANT TWO was THEN handCUFFED (DOUBLE LOCKED) behind her back, searched and secured in the rear of my patrol vehicle. i THEN SEARCHED DEfendant ONE, AND UPON REMOVING HIS HAT, A LIGHT BLUE PLASTIC BAGGIE FELL OUT FROM UNDERNEATH HIS HAT ONTO THE GROUND. the plastic baggie CONtained A CRYSTAL LIKE SUBstance, that Through my Training AND EXperience, i was able to identify as METHamphetamine. HE WAS THEN SECURED IN THE REAR OF MY PATROL VEHICLE. UPON FURTHER SEARCH OF tHE VEHICLE, TWO SmALL, METAL CONtainers WERe LOCated IN DEFendant TWOâs PURSE CONtaining A WHITE, CRYSTAL LIKE RESIDUE. ALSo LOCATED IN THE PASSENGER SEAT OF THE VEHICLE WAS A SCALE containing A WHITE, CRYSTAL LIKE RESIDUE ON IT. ON THE Passenger SIDE FLOORBOARD OF THE VEHIcle A SMALL, GRAY IN COLOR CENTURY SAFE was found. A KEY to the safe WAS LOCATED on THE PASSenger SIDE OF THE VEHICLE. UPON OPENING THE SAFE, TWO CLEAR PLASTIC BAGGIES CONtaining A CLEAR, Crystal LiKE SUBstance were LOCATED, ALONG WITH SEVerAL BRAND NEW BAGGIES. ALSO ON THE FLOORBOARD BESIDE THE SAFE, a cLEAr Plastic BAggie CONtaining a GREEN LEAFY SUBstance was found. through my training and experience, i was able to identify the substance as CANNABIS. NO OTHER ILLEGAL NARcotics WERE LOCATED INside SIDE THE Vehicle AT THAT TIME. THE SCALE AND THE TWO METAL CONTAINERS WERE TESTED UTILIZING AN AGENCY ISSUED TEST KIT AND TESTED POSitive FOR METHAMPHETAMINE. THE TWO CLEAR PLASTIC BAGgies CONTaining THE WHITE Crystal LIKE SUbstance found INSIDE THE safe WERE also FIELD TESTED UTIlizing an agency FIELD TEST KIT. the substance TESTed POSITIVE FOR METHAMPHETAMINE. THE THREE BAGGIES containing METHamphetamine that were LOCated INside DEFendant TWOâs PURSe WERE TEsted Utilizing AN AGENCY FIELD TEST KIT, and tested POsitive FOR METHAMPHETAMINE. THE CANNabis LOCated ON THE PASSENGER SIDE FLOORBOaRD WAS FIELD TEStED UTILIZING AN AGENCY TEST KIT which TESTED POSitive FOR CANNABIS. THE METHamphetamine that FELL OUT OF DEFendant ONEâS HAT FIELD TESTED POSITIVE by utilizing an AGENCY FIELD TEST KIT. At THAT TIME, I MADE CONtact WITH DEfendant ONE and read his miranda warnings to him via agency pre-printed card. he advised that he understood and agreed to speak with me. when asked about who the methamphetamine and the safe located inside the VEHICLE BELONGED to, he stated he had no idea what i was talking about. i then advised him he was being placed under arrest for possession of a controlled substance and dRIVING WHILE LICENSE SUSPENDED, REVOKED OR CANCELLED (third conviction). I NEXT MADE CONtact WITH DEFENDANT NUMBER TWO and READ HER MIRANDa rights VIA PRE-PRINTED agency CARD. she then stated she understood and AGREED TO SPEAK with me. when asked about the illegal narcotics that were found in the vehicle, she stated she had no idea what i was talking about. I THEN INFORMEd DEFENDANT Two THAT DUE TO HER HAVING APProximately THREE (3) SEParate BAGGIES OF METHamphetamine INSIDE HER PURSE; A SCALE, TWO SILVER CONTainers with METHamphetamine RESIDUE in her IMMEDIATE AREA. ALSO FOUND WAS the safe containing several clear plastic baggies, TWO PLASTIC BAGGIES CONTAINING METHAMPHETAMINE, A CLEAR PLASTIC BAGGIE CONTAINING CANNABIS AND ALSO located on the FLOorboard IN HER IMMEDIATE AREA UNDER HER LEGS, she was being placed under arrest for the following: possession of a controlled substance with intent to sell; possession of a controlled substance due to the 30 milligram oxycodone pill found inside her purse, possession of cannabis under 20 grams; and possession of PARAPHERNALIA for the scale and two metal containers with methamphetamine residue. i collected all the illegal NARcotics on scene and the safe for submission to evidence. the VEHICLE was REMOVED BY ADVANCED TOWING. BOTH DEFendants were TRANsported to the citrus county detention facility. ] UPON ARRIVAL, THE DEFENDANTs Were TURNED OVER TO DETENTION STAFF. defendant oneâs bond was set at $2,000.00 for possession of a controlled substance and $5,000.00 for dRIVING WHILE LICENSE SUSPENDED, REVOKED OR CANCELLED (third conviction) for a total bond of $7,000.00. defendant one was issued traffic warning 400913n for traveling over stop bar. the DEFENDANT was also issued uniform traffic citation A29ZKFP for dRIVING WHILE LICENSE SUSPENDED, REVOKED OR CANCELLED (third conviction) with a court date to be determined. |