| Probable cause affidavit: |
SUBMITTED BY: WATTS, ROSCOE 1299 (AR15-17359) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: 0.6 GRAMS OF METHAMPHETAMINE, 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: ONE BROKEN GLASS SMOKING PIPE AND TWO UNBROKEN GLASS SMOKING PIPES WITH METHAMPHETAMINE RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B); AND 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, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). ON 112215 AT 1053 HOURS, WHILE CONDUCTING MOVING TRAFFIC ENFORCEMENT, I WAS TRAVELING NORTHBOUND ON CARL G ROSE HIGHWAY, HERNANDO, IN THE AREA OF EAST VIADUCT LANE. I NOTICED A MAROON FOUR DOOR SEDAN TRAVELING SOUTHBOUND AT A HIGH RATE OF SPEED. I ESTIMATED SAID VEHICLE TO BE TRAVELING AT 60 MILES PER HOUR (MPH) IN A 40 MPH ZONE. I THEN ACTIVATED MY IN CAR RADAR, USING MY FRONT ANTENNA (PYT855003496), WHICH DID GIVE A READING OF 54 MPH, ACCOMPANIED BY A SOLID AND CONSTANT DOPPLER TONE. THERE WERE NO VEHICLES IN THE FRONT OR REAR OF SAID VEHICLE. AS THE VEHICLE PASSED, I DID SEE THE DEFENDANT, LATER IDENTIFIED AS MR MICHAEL HOFELDT JR, DRIVING SAID VEHICLE. I THEN MADE A U-TURN AND HEADED SOUTH ON CARL G ROSE HIGHWAY, IN ORDER TO CONDUCT A TRAFFIC STOP. I DID CATCH UP WITH SAID VEHICLE AND ACTIVATED MY OVERHEAD EMERGENCY EQUIPMENT ON SAID VEHICLE, WHICH DID HAVE FLORIDA TAG 4988IC. THE FINAL RESTING PLACE FOR SAID TRAFFIC STOP WAS IN THE PARKING LOT OF THE CUMBERLAND FARMS, LOCATED AT 2805 NORTH FLORIDA AVENUE, HERNANDO. I THEN MADE CONTACT WITH THE DEFENDANT, WHO SEEMED TO BE VERY NERVOUS. THIS WAS EVIDENT BY THE SHAKING OF HIS HANDS AND HIS FAILURE TO MAINTAIN EYE CONTACT. I IDENTIFIED MYSELF AS DEPUTY WATTS WITH THE CITRUS COUNTY SHERIFF'S OFFICE AND ADVISED HIM THAT THE REASON FOR THE TRAFFIC STOP WAS THE EXCESSIVE SPEED, AT WHICH TIME, I ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE, PROOF OF INSURANCE, AND REGISTRATION. THE DEFENDANT IMMEDIATELY PROVIDED ME WITH A FLORIDA IDENTIFICATION CARD AND STATED, "MY DRIVER'S LICENSE IS SUSPENDED." I TOOK POSSESSION OF THE DEFENDANT'S IDENTIFICATION CARD, AT WHICH TIME, THE DEFENDANT BECAME MORE NERVOUS. I THEN ASKED THE DEFENDANT IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE. WHILE SPEAKING WITH THE DEFENDANT, I DID NOTICE THAT HE CONSTANTLY SNIFFED AND THAT HIS EYES WERE BLOODSHOT RED. THROUGH MY TRAINING AND EXPERIENCE THAT LED ME TO BELIEVE THAT THE DEFENDANT WAS UNDER THE INFLUENCE OF SOME SORT OF CONTROLLED SUBSTANCE. I THEN ASKED AGAIN IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE, AT WHICH TIME, THE DEFENDANT REACHED BETWEEN THE SEAT AND ARMREST AND HANDED ME A RED CLOTH-LIKE ITEM AND ADVISED THAT HE DID HAVE A METHAMPHETAMINE PIPE CONCEALED IN IT. I TOOK POSSESSION OF SAID RED CLOTH ITEM, LATER IDENTIFIED AS A PILLOWCASE, WHICH DID HAVE A GLASS SMOKING PIPE INSIDE OF IT. I LATER TESTED SAID GLASS SMOKING PIPE, USING AN AGENCY ISSUED FIELD TESTING KIT, WHICH YIELDED A POSITIVE RESULTS FOR THE PRESENCE OF METHAMPHETAMINE. I THEN CONFIRMED THE DEFENDANT'S IDENTITY THROUGH TELETYPE, AT WHICH TIME, THE TELETYPE OPERATOR ADVISED THAT THE DEFENDANT'S DRIVER'S LICENSE WAS SUSPENDED ON 112414, FOR FAILURE TO PAY A TRAFFIC CITATION, NUMBER 2134FYA. I ASKED THE DEFENDANT TO STEP OUT OF HIS VEHICLE, AT WHICH TIME, I ADVISED HIM THAT HE WAS BEING DETAINED PENDING AN INVESTIGATION. I HANDCUFFED THE DEFENDANT IN THE REAR (DOUBLE LOCKED) AND PATTED HIM DOWN FOR WEAPONS, WHICH YIELDED NEGATIVE RESULTS. I THEN READ THE DEFENDANT HIS MIRANDA RIGHTS AT 1106 HOURS, FROM MY AGENCY ISSUED CARD, AT WHICH TIME, HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH ME. I THEN ASKED IF THERE WAS ANY MORE CONTRABAND IN THE VEHICLE, AT WHICH TIME, HE ADVISED THAT HE HAD MORE CONTRABAND IN HIS CAMO-PRINT MOSSY OAK BACKPACK THAT WAS LOCATED ON THE FRONT CENTER FLOORBOARD OF THE VEHICLE. DURING MY INITIAL ENCOUNTER WITH THE DEFENDANT, I DID NOTICE SAID BACKPACK TO BE LYING NEXT TO HIS RIGHT FOOT. I THEN ASKED WHAT KIND OF CONTRABAND WOULD BE INSIDE THE BACKPACK. THE DEFENDANT ADVISED THAT THERE WOULD BE A SMALL AMOUNT OF METHAMPHETAMINE AND MORE GLASS SMOKING PIPES. I THEN ASKED THE DEFENDANT FOR CONSENT TO SEARCH SAID VEHICLE, AND THE ITEMS AND COMPARTMENTS WITHIN, AT WHICH TIME, HE GAVE ME PERMISSION TO DO SO. I SEARCHED THE CAMO-PRINT MOSSY OAK BACKPACK, AT WHICH TIME, I LOCATED IN THE LARGE COMPARTMENT, A BLACK CASE LOGIC POUCH THAT DID CONTAIN A RED BANDANA WITH A BROKEN GLASS SMOKING PIPE. SAID PIPE DID CONTAIN RESIDUE, WHICH I LATER TESTED WITH AN AGENCY ISSUED FIELD TESTING KIT THAT YIELDED A POSITIVE RESULTS FOR THE PRESENCE OF METHAMPHETAMINE. I ALSO DISCOVERED IN THE SAME LARGE COMPARTMENT, A PURPLE AND GOLD CROWN ROYAL BAG THAT CONTAINED A GLASS SMOKING PIPE THAT CONTAINED RESIDUE, WHICH I LATER TESTED WITH AN AGENCY ISSUED FIELD TEST KIT. I ALSO DISCOVERED IN THE SAME LARGE COMPARTMENT A SMALL PLASTIC CONTAINER WITH A LID THAT DID CONTAIN A WHITE POWDERY SUBSTANCE, THROUGH MY TRAINING AND EXPERIENCE I RECOGNIZED SAID SUBSTANCE AS BEING METHAMPHETAMINE. I DID LATER TEST SAID SUBSTANCE USING AN AGENCY ISSUED FIELD TESTING KIT, WHICH DID YIELD A POSITIVE RESULT FOR THE PRESENCE OF METHAMPHETAMINE AND WEIGHED 0.6 GRAMS. I THEN MADE CONTACT WITH THE DEFENDANT, WHO ADVISED THAT HE HAD USED METHAMPHETAMINE ABOUT TWO HOURS PRIOR. MYSELF AND DEPUTY SANCHEZ (1242) SEARCHED THE REST OF THE VEHICLE, WHICH MET WITH NEGATIVE RESULTS FOR ANY FURTHER CONTRABAND. I THEN ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING WHILE LICENSE SUSPEND OR REVOKED KNOWINGLY, WITH A MANDATORY COURT DATE OF 121015 AT 1300 HOURS, AT THE CITRUS COUNTY COURT HOUSE. I ALSO ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF A CONTROLLED SUBSTANCE AND POSSESSION OF DRUG PARAPHERNALIA, AT WHICH TIME, THE DEFENDANT WAS PLACED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. THE BOND WAS SET AT $3,500.00 PER THE BOND SCHEDULE. THE VEHICLE WAS RELEASED TO OCCUPANTS OF THE VEHICLE. |
