| Probable cause affidavit: |
SUBMITTED BY: PHILLIPS, CASEY 0482 (AR10117024) DID UNLAWFULLY DRIVE A MOTOR VEHICLE IN THE STATE OF FLORIDA WHILE KNOWINGLY HAVING HIS OHIO DRIVER'S LICENSE SUSPENDED FROM 2002 AND ONLY HAVING AN IDENTIFICATION CARD WITHIN THE STATE OF FLORIDA, IN VIOLATION OF FLORIDA STATE STATUTE 322.30. ON 092310 AT APPROXIMATELY 1700 HOURS, I CONDUCTED A TRAFFIC STOP AT THE INTERSECTION OF MAIN STREET AND LINE AVENUE IN THE CITY OF INVERNESS ON A GREEN IN COLOR FOUR DOOR FORD EXPLORER. WHILE BEHIND THE VEHICLE, I HAD NOTICED A CHILD JUMPING UP AND DOWN IN THE REAR CARGO AREA OF THE VEHICLE AS WELL AS THE REGISTRATION FOR THE VEHICLE BEING EXPIRED. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR MICHAEL FUNK, WHO ADVISED HE DID NOT HAVE HIS DRIVER'S LICENSE ON HIS PERSON BUT HE DID HAVE A VALID OHIO DRIVER'S LICENSE. I SUBSEQUENTLY TOOK DOWN MR FUNK INFORMATION TO CONFIRM HIS DRIVER'S LICENSE. I ASKED FOR THE RIGHT REAR PASSENGER IDENTIFICATION AND SHE PROVIDED ME WITH A FLORIDA DRIVER'S LICENSE OF MS JESSICA HILL (DEFENDANT). THE FRONT RIGHT PASSENGER STATED "YOU KNOW ME". THIS INDIVIDUAL WAS MR DAVID FRIES. IN THE BACK SEAT WERE TWO CHILDREN WHO WERE PROPERLY RESTRAINED AND A THIRD IN THE REAR CARGO AREA WHO WAS NOT. AS I RETURNED TO MY UNMARKED PATROL VEHICLE, K9 DEPUTY TACKETT ARRIVED ON SCENE. UPON HIM APPROACHING THE PASSENGER SIDE DOOR, HE OBSERVED THE FRONT RIGHT PASSENGER INGESTING PILLS INTO HIS MOUTH AND NASAL CAVITY. DEPUTY TACKETT REMOVED MR FRIES AND HANDCUFFED HIM (DOUBLE LOCKED) BEHIND HIS BACK AND SAT HIM ON THE GROUND ADJACENT TO THE VEHICLE. AT THIS TIME, DEPUTY TACKETT CONDUCTED AN EXTERIOR SNIFF OF THE VEHICLE WITH K-9 PRIEST. HE ADVISED ME THAT K-9 PRIEST HAD ALERTED TO THE POSITIVE ODOR OF NARCOTICS IN THE VEHICLE. I SUBSEQUENTLY ASKED THE DRIVER, MR FUNK, TO EXIT THE VEHICLE. ONCE AT THE FRONT OF MY UNMARKED VEHICLE, I ASKED IF HE HAD ANY ILLEGAL ON HIS PERSON TO WHICH HE STATED NO. I DID REMOVE FROM HIS RIGHT FRONT POCKET A PRESCRIPTION FOR ALPRAZOLAM WITH MR FUNK'S NAME ON IT. ADDITIONALLY A KEY CHAIN ON THE KEY RING IN THE VEHICLE HAD A SEALED CONTAINER WITH PILLS IN IT AS WELL. THE PILLS INSIDE DID MATCH THE ONES IN HIS POCKET AS WELL AS A BOTTLE OF OXYCODONE THAT HE ADVISED WAS IN THE CENTER CONSOLE. WHILE DEPUTY TACKETT WAS SEARCHING THE VEHICLE, HE LOCATED A CIGARETTE CARTON CONTAINING A CLEAR PLASTIC BAGGIE WITH CANNABIS LOCATED INSIDE. THIS WAS LOCATED IMMEDIATELY UNDERNEATH WHERE MR FRIES WAS SITTING AND BESIDE HIS PACK OF CIGARETTES. WHEN ASKED WHOSE CANNABIS IT WAS, MS HILL ADVISED SHE WAS PREVIOUSLY SITTING IN THAT SEAT AND THAT WAS HER CANNABIS. JESSICA AND DAVID ARE BOYFRIEND AND GIRLFRIEND AND DO NOT HAVE A PERMANENT ADDRESS AT THIS TIME. DURING THIS TIME, TELETYPE DID CONFIRM THAT JESSICA HAD AN OUTSTANDING CITRUS COUNTY WARRANT FOR FAILURE TO APPEAR (FTA). SHE WAS SUBSEQUENTLY HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK REFERENCE THE OUTSTANDING WARRANT AND THE POSSESSION OF CANNABIS UNDER 20 GRAMS. WHILE ON SCENE, DEPUTY WEST ARRIVED. HE CONTACTED OHIO TO FIND OUT THE STATUS OF MR FUNK'S DRIVER'S LICENSE. OHIO OFFICIALS PROVIDED A CASE NUMBER OF S109004302 AND ADDED THAT MR FUNK'S OHIO DRIVER'S LICENSE HAD BEEN SUSPENDED INDEFINITELY SINCE 2002. AS WELL AS MR FUNK HAVING ONLY AN IDENTIFICATION CARD IN THE STATE OF FLORIDA. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED UNDER ARREST FOR USING A DRIVER'S LICENSE FROM ANOTHER STATE WHILE UNDER SUSPENSION. BOTH MR FUNK AND MS HILL WERE SECURED IN THE REAR SEAT OF DEPUTY WEST'S PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. MR FUNK WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION (UTC) 2906-GJXX FOR CHILD RESTRAINT REQUIRED WITH A FINE OF $166. HE WAS ALSO ISSUED UTC 2907-GJX1 FOR USING DRIVER'S LICENSE FROM ANOTHER STATE WHILE UNDER SUSPENSION WITH MANDATORY COURT DATE OF 101410 AT 1300 HOURS. HE WAS ALSO ISSUED UTC 2905-GJXX FOR HAVING AN EXPIRED TAG SIX MONTHS OR LESS WITH A FINE OF $113. MR FUNK'S BOND WAS SET AT $500 PER THE BOND SCHEDULE. MS HILL'S BOND WAS SET AT $2,000 FOR THE OUTSTANDING WARRANT AND $500 FOR THE CHARGE OF POSSESSION OF LESS THAN 20 GRAMS OF MARIJUANA FOR A TOTAL OF $2,500. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
