| Probable cause affidavit: |
SUBMITTED By: PAYNE, JONATHAN 0305 (AR09108196) did knowingly, willfully and feloniously be in the actual or constructive possession of a controlled substance, to-wit: 21 DARVOCET, in violation of Florida Statutes 893.13(6)(B) and 893.03(C)(D) 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 METAL PIPE CONTAINING MARIJUANA RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ON 031709 AT 1610 HOURS, WE RECEIVED A CALL IN REFERENCE TO A WHITE VAN BEARING FLORIDA TAG 779LYP, TRAVELING SOUTH ON HIGHWAY 19 RUNNING people OFF THE ROAD AND WEAVING. THE WITNESS FOLLOWED THE VEHICLE AND I WAS ADVISED THAT IT TURNED ON HIGHWAY 98. AS I TURNED ON HIGHWAY 98, UP IN THE DISTANCE I OBSERVED A WHITE CARGO STYLE VAN RUN OFF THE RIGHT SIDE OF THE ROAD AND CONTINUED AS I APPROACHED CLOSER. THE VEHICLE TURNED INTO THE LEFT LANE AND WENT OFF TO THE LEFT ON THE YELLOW LINE. I INITIATED A TRAFFIC STOP, WHERE THE VEHICLE STOPPED AT THE CITRUS COUNTY/HERNANDO COUNTY LINE. I MADE CONTACT WITH the DRIVER/DEFENDANT, MR MARCOS VAZQUEZ ORTIZ. UPON MAKING CONTACT I DID NOT SMELL ANY ALCOHOL; HOWEVER, THE DEFENDANT APPEARED TO BE SLIGHTLY LETHARGIC AND I BELIEVED THAT HE MAY BE UNDER THE INFLUENCE OF SOME TYPE OF NARCOTIC. WHILE I WAS RUNNING THE DEFENDANT AND writing A WARNING FOR THE CARELESS DRIVING, I OBSERVED CANINE DEPUTY TACKETT HAD ARRIVED ON SCENE. I ASKED HIM IF HE would WALK HIS CANINE AROUND THE VEHICLE, AT WHICH TIME HE CONDUCTED AN EXTERIOR SNIFF OF THE VEHICLE. AFTER DOING SO, DEPUTY TACKETT ADVISED ME THAT HIS CANINE DID ALERT TO THE VEHICLE. A SEARCH OF THE VEHICLE REVEALED A BLACK BAG CONTAINING A SMALL METAL PIPE WHICH APPEARED TO BE SOME TYPE OF RUBBER TUBE FITTING, AND ONE TIP HAD A BURNT RESIDUE OF MARIJUANA. ALSO IN the BAG WAS A BLUE PILL BOTTLE WITH THE PRESCRIPTION DRUG NAME "CARISOPORDOL" WHICH IS GENERIC FOR SOMA. THAT BOTTLE CONTAINED 21 DARVOCETS WHICH WAS CONFIRMED BY POISON CONTROL. I ALSO LOCATED INSIDE THE VEHICLE, AND NOT IN PILL BOTTLES, WAS SOMA, HYDRO CODONE, AND ONE OXY CONTIN. the PHARMACY ON the PILL BOTTLE WAS FROM "SUPERIOR PHARMACY", IN TAMPA. I CONTACTED THAT PHARMACY AND ASKED IF the DEFENDANT FILLED THESE PRESCRIPTIONS THERE, AND THEY CONFIRMED THAT THE HYDRO CODONE, SOMA, AND OXY CONTIN WHERE HIS THAT HE HAD A PRESCRIPTION FOR. HOWEVER, THEY HAD NO RECORD OF DARVOCET BEING PRESCRIBED TO THE DEFENDANT. THE DARVOCET WAS LOCATED IN the BLUE PRESCRIPTION BOTTLE WITH THAT PHARMACY NAME ON IT THAT WAS ORIGINALLY FILLED WITH SOMA. the DEFENDANT WAS PLACED UNDER ARREST FOR POSSESSION OF CONTROLLED SUBSTANCE and DRUG PARAPHERNALIA. THE DEFENDANT WAS HANDCUFFED (DOUBLED-LOCKED) BEHIND HIS BACK AND SECURED IN the REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY FOR BOOKING and PROCESSING. the DEFENDANT'S TOTAL BOND WAS SET AT $5,500.00, PER the BOND SCHEDULE. *NOT-EXEMPT* |
