| Probable cause affidavit: |
SUBMITTED BY: WEATHERFORD, DAVID 0710 (AR12-2990) did knowingly, willfully and feloniously be in the actual or constructive possession of a controlled substance, to-wit: CANNABIS UNDER 20 GRAMS, in violation of Florida Statutes 893.13(6)(B) ; 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: GLASS PIPE WITH MARIJUANA RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B); ON 100212, I RESPONDED AS BACK-UP TO DEPUTY VIGGIANOâS TRAFFIC STOP AT THE INTERSECTION OF WEST ROSEDALE DRIVE AND SOUTH WESTMORELAND DRIVE IN HOMOSASSA. UPON MY ARRIVAL, DEPUTY VIGGIANO ADVISED ME THAT HE OBSERVED A GRAY TWO DOOR VEHICLE HEADING EASTBOUND ON WEST ROSEDALE DRIVE IN HOMOSASSA WITH AN INOPERABLE TAG LIGHT. HE ADVISED THAT HE INITIATED A TRAFFIC STOP ON WEST ROSEDALE DRIVE AT THE INTERSECTION OF SOUTH WESTMORELAND DRIVE. UPON DEPUTY VIGGIANO MAKING CONTACT WITH THE DRIVER/DEFENDANT, MR MARTY KUCZENSKA, HE REQUESTED HIS FLORIDA DRIVER'S LICENSE AND VEHICLE REGISTRATION AND ADVISED HIM OF THE REASON FOR THE TRAFFIC STOP. DEPUTY VIGGIANO ADVISED WHEN HE ASKED IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE, THE FRONT SEAT PASSENGER/DEFENDANT, MR MATTHEW THOMAS, ADVISED HIM THAT HE HAD A SMALL AMOUNT OF MARIJUANA IN A CLEAR CELLOPHANE WRAPPER, AS WELL AS, ONE GLASS PIPE. DEPUTY VIGGIANO RETRIEVED THE ITEMS FROM DEFENDANT THOMAS, AT WHICH TIME, I ARRIVED ON SCENE. DEPUTY VIGGIANO DEPLOYED "K-9" CONAN TO CONDUCT AN EXTERIOR SNIFF OF THE VEHICLE AND ADVISED ME THAT "K-9" CONAN HAD ALERTED TO THE VEHICLE . I ASKED DEFENDANT KUCZENSKA TO STEP OUT OF THE VEHICLE. DEFENDANT KUCZENSKA ADVISED ME THAT THERE WAS A PARTIAL MARIJUANA CIGARETTE LOCATED IN THE ASHTRAY, WHICH BELONGED TO HIM, WHICH DEPUTY VIGGIANO RETRIEVED. I READ DEFENDANT KUCZENSKA HIS MIRANDA VIA PREPRINTED AGENCY APPROVED CARD AND HE STATED THAT HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH ME. I ASKED HIM WHOSE MARIJUANA CIGARETTE WAS IN THE ASH TRASH, WHICH HE AND THE CO-DEFENDANT THOMAS HAD BEEN SMOKING IT, BUT THAT THAT IT BELONGED TO HIM. I THEN SPOKE WITH DEFENDANT THOMAS AND READ HIM MIRANDA VIA PREPRINTED AGENCY APPROVED CARD AND HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS HIS RIGHTS AND WISHED TO SPEAK WITH ME. DEFENDANT THOMAS ADMITTED THAT THE MARIJUANA WHICH WAS APPROXIMATELY ONE GRAM AND GLASS PIPE BELONGED TO HIM. DEFENDANT MARTY KUCZENSKA WAS ISSUED A NOTICE TO APPEAR (NTA) CITATION NUMBER 19511 WITH A MANDATORY COURT DATE OF 101812 AT 1300 HOURS FOR POSSESSION OF CANNABIS UNDER 20 GRAMS. HE ALSO RECEIVED A WRITTEN WARNING FROM DEPUTY VIGGIANO FOR AN INOPERABLE TAG LIGHT. DEFENDANT MATTHEW THOMAS WAS ISSUED A NOTICE TO APPEAR (NTA) CITATION NUMBER 20155 FOR POSSESSION OF MARIJUANA UNDER 20 AND POSSESSION OF DRUG PARAPHERNALIA WITH A MANDATORY COURT DATE OF 101812 AT 1300 HOURS AT THE CITRUS COUNTY COURT HOUSE. BOTH DEFENDANTS WERE RELEASED ON SCENE ON THEIR OWN RECOGNIZANCE (ROR). ALL CONTRABAND WAS COLLECTED AND TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION. |
