| Probable cause affidavit: |
SUBMITTED By: CALLAHAN, CRAIG 0643 (AR08106968) DID UNLAWFULLY AND KNOWINGLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF TWENTY GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B) AND 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: CANNABIS COMMONLY REFERRED TO AS MARIJUANA, SAID OBJECT BEING A GLASS MARIJUANA PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1). ON 010109 AT APPROXIMATELY 0020 HOURS, I WAS TRAVELING NORTHBOUND ON NORTH EAST 8TH AVENUE APPROACHING THE INTERSECTION OF NORTH EAST CRYSTAL STREET, IN CRYSTAL RIVER. AT THAT TIME I OBSERVED A WHITE FORD VAN which WAS TRAVELING EASTBOUND ON NORTH EAST CRYSTAL STREET, APPROACHING THE INTERSECTION OF NORTH EAST 8TH AVENUE. UPON the VAN APPROACHING THE INTERSECTION, I OBSERVED IT FAIL TO COME TO A COMPLETE STOP AT THE STOP SIGN. THE VAN THEN CONTINUED THROUGH THE INTERSECTION IN AN EASTERLY direction. AT THAT TIME I GOT BEHIND SAID VEHICLE AND ACTIVATED MY EMERGENCY EQUIPMENT AND ATTEMPTED TO INITIATE A TRAFFIC STOP IN THE AREA OF STATE ROAD 44 AND NORTH EAST 12TH AVENUE. WHILE FOLLOWING BEHIND THE VEHICLE, I ACTIVATED MY SIREN IN AN EFFORT TO STOP THE VEHICLE, WHICH FINALLY CAME TO A STOP APPROXIMATELY ONE QUARTER OF A MILE EAST OF TURKEY OAK DRIVE. IT SHOULD BE NOTED THAT WHILE TRAVELING BEHIND SAID VEHICLE, I OBSERVED A FEMALE PASSENGER WHO WAS LATER IDENTIFIED AS THE DEFENDANT, MS MELISSA MACARTHER, MOVING AROUND INSIDE THE VEHICLE IN SUCH A MANNER THAT IT APPEARED SHE WAS PLACING AN UNKNOWN OBJECT IN THE CENTER COUNSEL AREA. UPON MAKING CONTACT with THE DRIVER OF THE VEHICLE, I ADVISED HIM OF THE REASON FOR THE STOP and REQUESTED HIS DRIVER'S LICENSE AND VEHICLE REGISTRATION. WHILE SPEAKING WITH the DRIVER, I OBSERVED the FRONT WINDSHIELD TO BE EXTREMELY CRACKED OVER THE DRIVER'S SIDE AREA which would CLEARLY HINDER HIS ABILITY TO LOOK THROUGH THE WINDSHIELD. I THEN ASKED THE DRIVER WHY IT TOOK SO LONG FOR HIM TO STOP HIS VEHICLE, TO WHICH HE STATED, HE WAS JUST LOOKING FOR A GOOD PLACE TO PULL OVER. I THEN ASKED THE DEFENDANT WHY SHE WAS MOVING AROUND SO MUCH INSIDE THE VEHICLE, TO WHICH she STATED THAT SHE HAD DROPPED HER PURSE. A SHORT TIME LATER CANINE DEPUTY DAVIS AND CANINE MITO ARRIVED ON SCENE and WAS ADVISED THE REASON FOR THE TRAFFIC STOP. THEY THEN CONDUCTED AN EXTERIOR SNIFF OF THE VEHICLE. DEPUTY DAVIS THEN ADVISED THAT CANINE MITO GAVE A POSITIVE ALERT ON THE VEHICLE TO THE PRESENCE OF AN ILLEGAL NARCOTIC. MYSELF and DEPUTY BERGEN WHO WAS ALSO ON SCENE, AGAIN MADE CONTACT WITH THE DRIVER AND DEFENDANT. UPON DOING SO, BOTH WERE ADVISED OF THE POSITIVE ALERT ON THE VEHICLE BY THE CANINE, TO THE PRESENCE OF AN ILLEGAL NARCOTIC. AT THAT TIME DEPUTY BERGEN ASKED BOTH OCCUPANTS IF THEY HAD ANY ILLEGAL OBJECTS IN the VEHICLE, AT which TIME THE DEFENDANT HANDED DEPUTY BERGEN A GLASS PIPE COMMONLY USED TO SMOKE MARIJUANA. IT should BE NOTED THAT MARIJUANA RESIDUE ALONG WITH A SMALL PIECE OF MARIJUANA WAS FOUND INSIDE the PIPE. UPON FURTHER RESEARCH OF THE VEHICLE, DEPUTY DAVIS ADVISED ME THAT HE HAD LOCATED A CLEAR PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE KNOWN TO HIM THROUGH HIS TRAINING EXPERIENCE AS MARIJUANA. THE MARIJUANA WAS LATER WEIGHED, AND WEIGHED APPROXIMATELY THREE GRAMS. the DEFENDANT ADVISED THAT IT BELONGED TO HER AND SHE HAD THROWN IT DOWN IN THE CENTER CONSOLE WHEN she NOTICED THE PATROL VEHICLE BEHIND THEM. AT THAT TIME THE DEFENDANT WAS HANDCUFFED (DOUBLE-LOCKED) BEHIND HER BACK AND SECURED IN the REAR SEAT OF MY PATROL VEHICLE. WHILE EN ROUTE TO THE DETENTION FACILITY, THE DEFENDANT WAS READ MIRANDA VIA PREPRINTED CARD, AT WHICH TIME she WAIVED HER RIGHTS AND WISHED TO SPEAK TO this DEPUTY. THE DEFENDANT ADVISED THAT THE MARIJUANA DID BELONG TO HER, AND THAT IT WAS FOR PERSONAL USE AND SHE DOES NOT SELL MARIJUANA. SHE FURTHER STATED THAT THE MARIJUANA WAS LOCATED INSIDE her PURSE PRIOR TO ME STOPPING HER VEHICLE. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS RELEASED ON HER OWN RECOGNIZANCE DUE TO HER COOPERATION. BOTH THE MARIJUANA AND PARAPHERNALIA WAS LATER TURNED IN TO the CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. *NOT-EXEMPT* |
