| Probable cause affidavit: |
SUBMITTED BY: POLLARD, RANDALL 0677 (AR10116691) 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 090510 WHILE ON ROUTINE PATROL IN THE AREA OF US HIGHWAY 19 AND TURKEY OAK DRIVE I OBSERVED A GRAY CHEVY HHR TRAVELING NORTHBOUND ON US HIGHWAY 19. THAT VEHICLE DID MATCH A DESCRIPTION OF A LIGHT COLORED BOX LIKE VEHICLE, WHICH HAD BEEN INVOLVED IN A ROBBERY ON THE EAST SIDE OF CITRUS COUNTY. THE DESCRIPTION ALSO INCLUDED THAT THERE WERE TWO SUSPECTS IN THE VEHICLE AND ONE WAS WEARING A WHITE SHIRT. AT THAT TIME I OBSERVED TWO WHITE MALES IN THE DRIVER AND PASSENGER SEATS OF THAT VEHICLE AND THE DRIVER WAS WEARING A WHITE SHIRT. DISPATCH DID ADVISE THE WEST SIDE PATROL UNITS THAT THE VEHICLE WAS LAST SEEN HEADING WEST ON NORVELL BRYANT HIGHWAY AND WAS BELIEVED TO BE HEADING TO THE CRYSTAL RIVER AREA. AT THAT TIME I CONDUCTED A TRAFFIC STOP ON THAT GRAY CHEVY HHR, WHERE I MADE CONTACT WITH THE DEFENDANT. I ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE AND REGISTRATION, ALONG WITH THE PASSENGER'S. I THEN TOLD BOTH SUBJECTS TO PLACE THEIR HANDS ON THE DASHBOARD OF THE VEHICLE AND NOT TO MOVE THEM UNTIL DIRECTED. I THEN RETURNED TO MY VEHICLE AND INFORMED DISPATCH OF THE DESCRIPTION OF THE SUBJECTS THAT WAS IN THE VEHICLE. I THEN RAN BOTH SUBJECTS FOR A VALID DRIVER'S LICENSE, WANTS AND WARRANTS, AT WHICH TIME I LEARNED THE DEFENDANT, MR LUIS VELASQUEZ-AYALA, HAD NO VALID DRIVER'S LICENSE AND IT WAS SUSPENDED DUE TO FAILURE TO PAY FINANCIAL OBLIGATIONS. I ALSO LEARNED THAT HE DEFENDANT HAD A WARRANT OUT OF OUR COUNTY FOR VIOLATION OF PROBATION, WITH AN ORIGINAL CHARGE OF BATTERY. I THEN RETURNED TO THE VEHICLE AND ASKED THE DRIVER TO STEP OUT, AT WHICH TIME I INFORMED HIM I WOULD BE PLACING HIM UNDER ARREST FOR AN ACTIVE CITRUS COUNTY WARRANT. I THEN ASKED THE DEFENDANT IF THERE WAS ANYTHING IN THE VEHICLE, SUCH AS WEAPONS OR ILLEGAL CONTRABAND THAT I NEEDED TO BE AWARE OF, TO WHICH HE STATED "NO, YOU CAN LOOK". AT THAT TIME I ASKED THE PASSENGER OF THE VEHICLE TO STEP OUT. I THEN READ THE DEFENDANT HIS MIRANDA VIA PRE-PRINTED CARD. I THEN WALKED AROUND TO THE PASSENGER SIDE OF THE VEHICLE AND LOOKED INSIDE THE VEHICLE DUE TO THE FACT THAT THE PASSENGER DOOR WAS OPEN AND I COULD SEE IN WITHOUT ACTUALLY ENTERING. I DID SEE IN THE FLOORBOARD OF THE VEHICLE WHAT I BELIEVED TO BE MARIJUANA STEMS AND SEEDS, BASED ON MY TRAINING AND EXPERIENCE. AT THAT TIME I ENTERED THAT VEHICLE WHERE I FOUND A PIECE OF PAPER FOLDED THAT HAD MARIJUANA INSIDE OF IT. BESIDE THE PAPER CONTAINING THE MARIJUANA, WAS A BAG OF GOOD TIMES FLAT WRAP AND A CLEAR PLASTIC BAGGIE. I THEN READ THE PASSENGER HIS MIRANDA RIGHTS VIA PRE PRINTED CARD, TO WHICH HE STATED HE HAD NO IDEA THAT WAS IN THE VEHICLE AND THE MARIJUANA WAS NOT HIS. AT THAT TIME I ASKED THE DEFENDANT, WHO WAS STILL UNDER MIRANDA, IF THE MARIJUANA WAS HIS, TO WHICH HE STATED IT WAS. HE ALSO STATED THAT HE SMOKES MARIJUANA FREQUENTLY AND HE SAID THAT EARLIER IN THE DAY HE MOVED THE MARIJUANA FROM HIS GLOVE BOX TO THE PASSENGER SIDE DOOR PANEL. THE MARIJUANA WAS THEN SEIZED AND THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. WHILE AT THE DETENTION FACILITY THE DEFENDANT WAS ISSUED A UNIFORM TRAFFIC CITATION, NUMBER 6607-FRY, FOR DRIVING WHILE LICENSE SUSPENDED, WITH A MANDATORY COURT DATE OF 092310 AT 1300 HOURS. THE MARIJUANA SEIZED WAS WEIGHED AT THE DETENTION FACILITY AND WEIGHED AN AMOUNT OF ONE GRAM, INCLUDING HE PLASTIC BAGGIE. THE MARIJUANA SEEDS WILL BE PLACED INTO EVIDENCE AT THE EMERGENCY OPERATIONS CENTER AND SUBMITTED WITH THE PROPER PAPERWORK. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
