| Probable cause affidavit: |
SUBMITTED BY: MARSHALL, AIDAN 0453 (AR08103897) 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). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY MARSHALL, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 062508 AT APPROXIMATELY 2144 HOURS, I WAS DISPATCHED TO THE AREA OF HIGHWAY 44 AND 486 IN CRYSTAL RIVER IN REFERENCE TO A POSSIBLE DRUNK DRIVER. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT AT THE ADVANCED AUTO PARTS STORE LOCATED AT 6850 WEST GULF TO LAKE HIGHWAY. UPON MAKING CONTACT WITH THE COMPLAINANT, HE ADVISED ME THAT HE HAD OBSERVED A GREEN FOUR DOOR SHORT BED F-150 TRAVELING EAST BOUND IN THE WEST BOUND LANE OF TRAFFIC ON HIGHWAY 44 ON TWO SEPARATE OCCASIONS. THE COMPLAINANT FURTHER ADVISED THE VEHICLE WAS NOW LOCATED ACROSS THE STREET FROM OUR LOCATION AT THE BOATHOUSE RESTAURANT LOCATED AT 6875 WEST GULF TO LAKE HIGHWAY. AFTER THE COMPLAINANT LEFT THE AREA, I OBSERVED THE POSSIBLE OWNER OF THE VEHICLE EXIT THE RESTAURANT AND BEGIN LEANING ON THE HOOD OF THE VEHICLE WHILE TALKING ON A CELLULAR TELEPHONE. AT THIS TIME IN ORDER TO VERIFY THE INDIVIDUAL WAS NOT UNDER THE INFLUENCE OF ALCOHOL OR NARCOTICS, I RESPONDED TO THE AREA WHERE THE INDIVIDUAL WAS LEANING ON THE HOOD OF HIS VEHICLE. AT THIS TIME, I EXITED MY PATROL VEHICLE, APPROACHED THE SUBJECT, WHO WAS LATER IDENTIFIED AS THE DEFENDANT MR MATTHEW RAY MULLINS. I ASKED MR MULLINS IF I COULD SPEAK WITH HIM TO WHICH HE SAID YES AND WALKED TOWARD MY LOCATION IN FRONT OF MY PATROL VEHICLE. AT THIS TIME, I ASKED MR MULLINS IF HE HAD BEEN DRIVING ON HIGHWAY 44 TO WHICH HE STATED NO THAT HIS GIRLFRIEND HAD BEEN DRIVING THE VEHICLE. I EXPLAINED TO MR MULLINS THAT THE VEHICLE HAD BEEN SEEN TRAVELING IN THE WRONG LANE OF TRAFFIC, AT WHICH TIME, HE AGAIN STATED HE WAS NOT DRIVING THE VEHICLE. WHILE SPEAKING WITH MR MULLINS, THROUGHOUT THE ENTIRE CONVERSATION, I DETECTED A STRONG ODOR OF MARIJUANA EMITTING FROM HIS PERSON AS WELL AS HIS BREATH. I ADVISED MR MULLINS THAT I DETECTED A STRONG ODOR OF MARIJUANA EMITTING FROM HIS PERSON AND ASKED HIM IF HE HAD ANY MARIJUANA ON HIS PERSON. MR MULLINS STATED YES AND RETRIEVED A CLEAR PLASTIC BAGGIE FROM HIS RIGHT FRONT SHORTS' POCKET WHICH CONTAINED A GREEN LEAFY SUBSTANCE KNOWN TO ME AS CANNABIS. I ADVISED MR MULLINS HE WAS NOT FREE TO LEAVE AND ASKED HIM IF HE HAD ANY WEAPONS, CONTRABAND, OR OTHER NARCOTICS ON HIS PERSON TO WHICH HE STATED NO. I ASKED MR MULLINS IF HE MINDED EMPTYING HIS POCKETS ON TO THE HOOD OF MY PATROL VEHICLE, AT WHICH TIME, HE REACHED INTO HIS POCKET SIMULATING THAT HE WAS COMPLYING WITH MY REQUEST. HOWEVER, HE IMMEDIATELY TURNED AWAY FROM ME AND BEGAN RUNNING THROUGH THE PARKING LOT AND ALONG THE EXTERIOR WALL OF THE RESTAURANT. I PURSUED MR MULLINS ON FOOT WHERE HE WAS GIVEN COMMANDS TO STOP THAT HE WAS UNDER ARREST, AT WHICH TIME, I DREW MY AGENCY ISSUED TASER AND DEPLOYED THE TASER WITH ONE PRONG STRIKING THE MIDDLE OF MR MULLINS' BACK AND THE OTHER PRONG MISSING HIS BODY. MR MULLINS FELL TO THE GROUND AND WAS GIVEN SEVERAL COMMANDS TO PLACE HIS HANDS BEHIND HIS BACK TO WHICH HE COMPLIED. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND ASSISTED BACK TO MY PATROL VEHICLE. WHILE AT THE VEHICLE, I REMOVED ONE PRONG FROM HIS BACK AND ASKED MR MULLINS IF HE REQUIRED ANY EMERGENCY MEDICAL SERVICES (EMS) TO WHICH HE REFUSED. MR MULLINS WAS PLACED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. IT SHOULD BE NOTED AFTER DEPLOYING MY TASER I NOTIFIED DISPATCH AND SERGEANT GLAZE ARRIVED ON SCENE AS A SUPERVISOR. THE MARIJUANA WAS FIELD TESTED POSITIVE, WEIGHED AT APPROXIMATELY FOUR GRAMS, PACKAGED, AND LATER TURNED INTO THE SHERIFF'S OFFICE EVIDENCE DIVISION. IT SHOULD ALSO BE NOTED THAT IT WAS CONFIRMED THAT MR MULLINS WAS IN FACT THE DRIVER OF THE VEHICLE THROUGH THE WITNESS WHO WAS PRESENT WHILE I WAS SPEAKING WITH MR MULLINS. MR MULLINS' BOND WAS SET AT $1,000 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
