| Probable cause affidavit: |
SUBMITTED BY: TULLY, JAMES 1342 (AR15-13379) DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, SUBSEQUENT A SECOND CONVICTION, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(B). ON 010515 AT APPROXIMATELY 2240 HOURS, I WAS TRAVELING WESTBOUND ON REGINA BOULEVARD, IN BEVERLY HILLS, AND AS I APPROACHED THE INTERSECTION OF REGINA BOULEVARD AND SOUTH TYLER STREET, I OBSERVED A BLUE IN COLOR VAN STOPPED AT THE STOP SIGN OF SOUTH TYLER STREET WITH THE TWO FRONT WHEELS APPROXIMATELY FIVE FEET PASSED THE STOP BAR. AS I TURNED NORTHBOUND ON SOUTH TYLER STREET, I OBSERVED THAT THE BLUE VAN HAD A CRACKED FRONT WINDSHIELD OBSTRUCTING THE DRIVERâS VIEW. I THEN MADE A U-TURN ON SOUTH TYLER STREET AND POSITIONED MY PATROL VEHICLE BEHIND THE BLUE VAN, BEARING FLORIDA LICENSE PLATE BFSG63, AND FOLLOWED THE VEHICLE SOUTHBOUND ON SOUTH TYLER STREET. I THEN ACTIVATED MY EMERGENCY EQUIPMENT AND THE VEHICLE CAME TO A FINAL REST IN THE DRIVEWAY AT 218 TYLER STREET, IN BEVERLY HILLS. AS I APPROACHED THE VEHICLE, THE DRIVER/DEFENDANT, MR MICHAEL GRIMO, OPENED THE DOOR AND HANDED ME HIS FLORIDA IDENTIFICATION CARD AND STATED THAT HIS LICENSE WAS NOT VALID AND HE WAS ONLY DRIVING HIS BOSS AROUND BECAUSE HIS BOSS HAD BEEN DRINKING. WHILE SPEAKING TO THE DEFENDANT, I WAS ABLE TO DETECT A STRONG ODOR, WHICH THROUGH MY TRAINING AND EXPERIENCE I BELIEVED TO BE MARIJUANA. I ASKED THE DEFENDANT IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE, TO WHICH HE STATED NO. AT THAT TIME, I ASKED THE PASSENGER IN THE FRONT PASSENGER SEAT IF HE HAD ANY IDENTIFICATION ON HIM, TO WHICH HE STATED NO. THE PASSENGER THEN PROVIDED ME WITH HIS NAME, MR MARTIN CAHILL, AND HIS DATE OF BIRTH. I ASKED MR CAHILL IF HE HAD ANYTHING ILLEGAL IN HIS POSSESSION OR IN THE VEHICLE AROUND HIM, TO WHICH HE STATED NO. I THEN PROCEEDED BACK TO MY VEHICLE TO RUN THE DEFENDANT AND MR CAHILL FOR WANTS AND WARRANTS. AS I WAS CHECKING FOR WANTS AND WARRANTS, I REQUESTED DEPUTY BEHNEN (K442) TO RESPOND TO MY LOCATION. I MADE CONTACT WITH THE DEFENDANT AND MR CAHILL AGAIN AND ASKED THEM TO STEP OUT OF THE VEHICLE, WHERE I PATTED THEM DOWN FOR WEAPONS, WHICH MET WITH NEGATIVE RESULTS. UPON DEPUTY BEHNENâS ARRIVAL, I ADVISED HIM OF WHAT I HAD SMELT, WHAT I HAD OBSERVED, AND THE INFORMATION that I HAD OBTAINED FROM THE DEFENDANT AND MR CAHILL. DEPUTY BEHNEN THEN DEPLOYED HIS K-9 JERRY LEE. DEPUTY BEHNEN ADVISED ME THAT HIS K-9 ALERTED ON THE VEHICLE. DEPUTY BEHNEN THEN CONDUCTED A SEARCH OF THE VAN, WHICH YIELDED A SMALL CLEAR PLASTIC BAG THAT CONTAINED A GREEN LEAFY SUBSTANCE, LATER IDENTIFIED AS APPROXIMATELY TWO GRAMS OF MARIJUANA. I MADE CONTACT WITH THE DEFENDANT AND MR CAHILL, AT WHICH TIME MR CAHILL STATED THAT THE MARIJUANA BELONGED TO HIM AND HE HAD THROWN IT DOWN BETWEEN THE SEATS BECAUSE HE WAS SCARED. I THEN ASKED THE DEFENDANT IF HE KNEW THE MARIJUANA WAS THERE, TO WHICH HE STATED NO; HOWEVER, HE STATED THAT HE DID SMOKE MARIJUANA WITH MR CAHILL APPROXIMATELY TWO HOURS AGO. AT THAT TIME, I PLACED THE DEFENDANT UNDER ARREST FOR DRIVING WHILE LICENSE SUSPENDED (KNOWINGLY, SECOND CHARGE). THE DEFENDANT WAS HANDCUFFED, (DOUBLE LOCKED) BEHIND HIS BACK, AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. I THEN PLACED MR CAHILL UNDER ARREST FOR POSSESSION OF MARIJUANA (LESS THAN 20 GRAMS). MR CAHILL WAS HANDCUFFED, (DOUBLE LOCKED) BEHIND HIS BACK, AND SECURED IN THE REAR OF MY PATROL VEHICLE. I THEN LOCKED THE BLUE VAN UP AT 218 SOUTH TYLER STREET AND TRANSPORTED THE DEFENDANT AND MR CAHILL TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANTâS BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. |
