| Probable cause affidavit: |
SUBMITTED BY: PHILLIPS, CASEY 0482 (AR08105561) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: THE DEFENDANT HAD IN HIS POSSESSION COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); 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: TWO PIPES COMMONLY USED FOR SMOKING DRUGS, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B). ON 100309 AT APPROXIMATELY 1820 HOURS, THIS DEPUTY WAS DISPATCHED TO 2851 EAST GULF TO LAKE HIGHWAY, THE BEALL'S DEPARTMENT STORE, IN REFERENCE TO A DRUG DEAL THAT HAD TAKEN PLACE IN THE FRONT PARKING LOT THAT WAS VIEWED BY STORE SECURITY. THIS DEPUTY WAS ADVISED THAT AN OLDER BLACK BRONCO WITH A ROOF RACK AND A SPARE TIRE ON the ROOF HAD COMPLETED A DRUG TRANSACTION IN THE PARKING LOT. UPON ARRIVAL IN THE PARKING LOT, THIS DEPUTY WAS ABLE TO LOCATE THE BRONCO IN QUESTION. THIS DEPUTY FOLLOWED THE BRONCO, WHICH CIRCLED THE ENTIRE PARKING LOT AND LEFT TRAVELING ACROSS CROFT ONTO EAST THOMAS STREET. IT WAS AT thAT TIME THIS DEPUTY CONDUCTED A TRAFFIC STOP ON THE SUSPICIOUS VEHICLE. THIS DEPUTY MADE CONTACT WITH THE DRIVER AND ALSO THE DEFENDANT WHO WAS IN THE PASSENGER SEAT ADVISED THE REASON FOR THE STOP WAS DUE TO THE SUSPICIOUS ACTIVITY IN THE BEALL'S PARKING LOT. BOTH THE DRIVER AND THE DEFENDANT ADVISED THEY KNEW NOTHING. AT THAT TIME, THIS DEPUTY ASKED THE DRIVER (OWNER OF THE VEHICLE) AND THE PASSENGER IF THEY WOULD CONSENT TO A SEARCH OF THE VEHICLE AND THEIR PERSONS, TO which THEY BOTH ADVISED YES THIS DEPUTY COULD SEARCH THE VEHICLE AND EACH OF THEIR PERSONS. AT THAT TIME, THIS DEPUTY ASKED THE DEFENDANT (PASSENGER) TO STEP OUT OF THE VEHICLE, TO WHICH HE COMPLIED. AS THIS DEPUTY BEGAN SEARCHING THE POCKETS OF THE DEFENDANT HE BECAME INCREASINGLY NERVOUS. IT WAS AT THAT TIME, THIS DEPUTY NOTICED AN UNKNOWN OBJECT CLENCHED IN THE DEFENDANT'S HAND UNDERNEATH HIS CHICKEN SANDWICH. IT WAS AT THAT TIME, THE UNKNOWN OBJECT WAS IDENTIFIED AS TWO INDIVIDUAL PIPES COMMONLY USED FOR SMOKING ILLEGAL DRUGS (ONE USED FOR CRACK COCAINE, ONE USED FOR MARIJUANA). AT THAT TIME, A PORTION OF A CHORE BOY WAS ALSO LOCATED in the PALM OF THE DEFENDANTS HAND. A THAT TIME, THIS DEPUTY ASKED IF THERE WERE ANY OTHER ILLEGAL NARCOTICS WITHIN THE VEHICLE. THE DEFENDANT ADVISED HE WAS NOT SURE because IT FLEW EVERYWHERE IN the INTERIOR OF THE VEHICLE. AT THAT TIME, K-9 DEPUTY DAVIS ARRIVED ON SCENE. AS THIS DEPUTY SEARCHED THE VEHICLE, A PLASTIC CONTAINER CONTAINING AUTOMOTIVE FUSES WAS LOCATED NEXT TO THE PASSENGER SEAT WITH AN UNKNOWN POWDERY WHITE SUBSTANCE INSIDE. A PRESUMPTIVE TEST FOR COCAINE DONE ON SCENE TESTED POSITIVE FOR COCAINE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, AND SECURED IN the REAR SEAT OF THIS DEPUTY'S PATROL VEHICLE. HE WAS ADVISED HE WAS BEING PLACE UNDER ARREST FOR TWO COUNTS OF POSSESSION OF DRUG PARAPHERNALIA AND POSSESSION OF COCAINE. AT THAT TIME, THIS DEPUTY RESPONDED TO BEALL'S LOSS PREVENTION WHO PROVIDED THIS DEPUTY SIX (6) PHOTOGRAPHS OF THE TRANSACTION AND VEHICLES INVOLVED AS WELL AS A DVD SHOWING VIDEOS OF THE ENTIRE TRANSACTION AS WELL. LOSS PREVENTION PROVIDED WRITTEN STATEMENTS AS TO what THEY HAD OBSERVED. ALL EVIDENCE INCLUDING PHOTOGRAPHS DVD PARAPHERNALIA AND COCAINE WILL BE TURNED IN TO EVIDENCE. THE DEFENDANT WAS TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY WHERE HE WAS TURNED OVER TO THE STAFF FOR PROCESSING. *NOT-EXEMPT* |
