| Probable cause affidavit: |
SUBMITTED BY: CAREY, SAMUEL 0753 (AR12124697) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: TWO TABLETS OF HYDROCODONE/ACETAMINOPHEN AND ONE TABLET OF MORPHINE IMMEDIATE RELEASE 15 MILLIGRAM, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). did then and there unlawfully have in HIS actual or constructive possession OF a certain habit-forming, toxic, harmful, new or legend drug subject to Section 499.003, Florida STATE Statutes, to wit: TWO TABLETS OF HYDROCODONE/ACETAMINOPHEN AND ONE TABLET OF MORPHINE IMMEDIATE RELEASE 15 MILLIGRAM, AND TWO LIDODERM PATCHES, without having obtained said drug by a valid prescription, in violation of Florida STATE Statute 499.03(1). ON 020612 WHILE ON ROUTINE PATROL OF NORTH SUNCOAST BOULEVARD, I RESPONDED TO K-9 DEPUTY COX WHO WAS REQUESTING BACK-UP BEFORE CONDUCTING A TRAFFIC STOP. UPON POSITIONING MY PATROL VEHICLE BEHIND DEPUTY COX, WE PROCEEDED NORTH BOUND ON SUNCOAST BOULEVARD. DEPUTY COX INITIATED THE TRAFFIC STOP OF A VEHICLE BEARING FLORIDA TAG 781YZW. THE VEHICLE STOPPED AT 727 NORTH SUNCOAST BOULEVARD IN CRYSTAL RIVER WHICH IS A CLOSED BUSINESS OF THE DAIRY QUEEN. THE VEHICLE STOPPED BLOCKING THE ENTRANCE OF THE DAIRY QUEEN. UPON MAKING CONTACT, DEPUTY COX REQUESTED THE DRIVER'S LICENSE AND REGISTRATION OF THE DRIVER AS I APPROACHED ON THE PASSENGER SIDE of the VEHICLE. I OBSERVED LYING ON THE PASSENGER SEAT TWO SEALED PACKAGES OF LIDODERM PATCHES FROM MY KNOWLEDGE AND EXPERIENCE I IMMEDIATELY RECOGNIZED THEM TO BE A PRESCRIPTION MEDICATION. AT THIS TIME, I TOOK PRIMARY CONTROL OVER THE TRAFFIC STOP. DEPUTY COX TOLD ME THAT HE OBSERVED THE DEFENDANT, MR MARC DICK, DRIVING NORTH BOUND ON SOUTH SUNCOAST BOULEVARD WITH A CROSS STREET OF WEST GROVER CLEVELAND BOULEVARD IN HOMOSASSA TRAVELING AT THE UNLAWFUL SPEED OF 55 MILES PER HOUR (MPH) AT A POSTED 45 MPH ZONE. AT THIS TIME, I BEGAN WRITING A FLORIDA UNIFORM TRAFFIC CITATION (UTC), NUMBER 5825-GQF-9, AS DEPUTY COX RETRIEVED HIS TINT METER GAUGE TO CHECK THE TINT OF THE WINDOWS. DEPUTY COX THEN INFORMED ME THAT THE TINT GAUGE METER READ A 20 PERCENT TINT ON THE DRIVER'S SIDE FRONT WINDOW. AT THIS TIME, I ALSO WROTE A UTC NUMBER OF 5824-GQF-8. AT THIS TIME, DEPUTY COX WALKED K-9 PRIEST AROUND THE DEFENDANT'S VEHICLE. DEPUTY COX ADVISED ME THAT K-9 PRIEST HAD ALERTED TO THE VEHICLE. AS I WAS CURRENTLY WRITING MY FLORIDA UTC, DEPUTY DERA (0688) ARRIVED ON SCENE AND DEPUTY COX REMOVED THE DEFENDANT FROM THE VEHICLE. DEPUTY DERA THEN ASKED THE DEFENDANT TO REMOVE THE CONTENTS FROM HIS POCKETS, AT WHICH TIME, THE DEFENDANT PULLED FROM HIS RIGHT FRONT PANT POCKET A CLEAR BAGGIE CONTAINING THREE TABLETS TWO OF WHICH WERE WHITE IN COLOR OBLONG SHAPED BEARING IMPRINT OF "WATSON-349" AND THE OTHER TABLET BEING A SMALL ROUND TABLET WHITE IN COLOR BEARING IMPRINT "54733". DEPUTY DERA ADVISED ME THAT HE ASKED THE DEFENDANT WHAT THE PILLS WERE WHICH THE DEFENDANT ANSWERED THAT THEY WERE JUST TYLENOL 3 AND THEY WERE GIVEN TO HIM BY HIS FRIEND MARY. AT THIS TIME, DEPUTY COX AND DEPUTY DERA BEGAN SEARCHING THE VEHICLE. AT THE CONCLUSION OF WRITING MY FLORIDA UTCS, I CONTACTED POISON CONTROL AND SPOKE TO A REPRESENTATIVE THERE WHO ADVISED THAT THE TWO TABLETS WITH THE WATSON IMPRINT WERE HYDROCODONE-ACETAMINOPHEN 5/500 MILLIGRAMS THAT IT IS A SCHEDULE THREE CONTROLLED SUBSTANCE. THE POISON CONTROL REPRESENTATIVE ALSO ADVISED THAT THE OTHER TABLET BEARING "54733" WAS A MORPHINE IMMEDIATE RELEASE 15 MILLIGRAM AND WAS A CLASS TWO CONTROLLED SUBSTANCE. I THEN INQUIRED ABOUT THE LIDODERM PATCHES. THE REPRESENTATIVE STATED THAT THEY ARE A PRESCRIPTION ONLY MEDICATION BUT IS NOT A CONTROLLED SUBSTANCE. AT THIS TIME, I OBSERVED the DEFENDANT TO HAVE AN OPENED PATCH ON HIS RIGHT FOOT AFFIXED TO HIS ANKLE. AT THIS TIME, I PLACED THE DEFENDANT UNDER ARREST FOR POSSESSION OF A CONTROLLED SUBSTANCE AND POSSESSION OF MEDICAL DRUG WITHOUT A PRESCRIPTION. I HANDCUFFED THE DEFENDANT (DOUBLE LOCKED) AND PLACED HIM IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HIS BOND WAS SET AT $5,000.00 FOR THE POSSESSION OF THE CONTROLLED SUBSTANCE AND $250.00 FOR THE POSSESSION OF THE PRESCRIPTION DRUG WITHOUT A PRESCRIPTION. DEPUTY DERA REMAINED ON SCENE and WAITED FOR THE TOW TRUCK TO ARRIVE TO REMOVE THE VEHICLE FROM BLOCKING THE BUSINESS. "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 YOUR ARE HEARING OR VOICE IMPAIRED, CALL 711.” *NOT-EXEMPT* |
