| Probable cause affidavit: |
SUBMITTED BY: WEST, JAMES 1286 (AR17-22187/17-3740) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: ONE CLEAR PLASTIC BAGGING CONTAINING APPROXIMATELY 1.5 GRAMS OF CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). DID DRIVE A MOTOR VEHICLE UPON A HIGHWAY IN THE STATE OF FLORIDA WITHOUT HAVING A VALID DRIVER'S LICENSE AUTHORIZING HIM TO DO SO, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 322.03(1). ON 010817, AT APPROXIMATELY 2132 HOURS, I WAS TRAVELING NORTHBOUND ON SOUTH GROSS AVENUE WHEN I OBSERVED A BLACK JEEP BEARING FLORIDA LICENSE PLATE NUMBER 5264UY THAT WAS TRAVELING IN FRONT OF ME APPROACHING THE INTERSECTION OF WEST OST-WEST STREET AND SOUTH GROSS AVENUE. I OBSERVED THE VEHICLE DID NOT HAVE OPERATING BRAKE LIGHTS. THE VEHICLE THEN TURNED WESTBOUND ON WEST OST-WEST STREET. I INITIATED A TRAFFIC STOP JUST WEST OF THAT INTERSECTION ACTIVATING MY OVERHEAD LIGHTS. THE VEHICLE CONTINUED WESTBOUND ON WEST OST-WEST STREET NEAR THE INTERSECTION OF SOUTH SAINT MICHAEL POINT AND WEST OST-WEST STREET, AND I INITIATED MY SIRENS DUE TO THE VEHICLE NOT STOPPING. THE VEHICLE CONTINUED TO TRAVEL WESTBOUND ON WEST OST-WEST STREET AT SPEEDS OF APPROXIMATELY 15-20 MILES PER HOUR. AS WE APPROACHED THE INTERSECTION OF SOUTH CAN POINT AND WEST OST-WEST STREET, I OBSERVED AN OBJECT BEING THROWN OUT OF THE PASSENGER SIDE WINDOW OF THE VEHICLE. THE VEHICLE THEN CAME TO A STOP JUST WEST OF THE INTERSECTION OF SOUTH CAN POINT AND WEST OST-WEST STREET. DEPUTY WHIRLE (1305) AND I AT THAT POINT REMOVED ALL OCCUPANTS OF THE VEHICLE AND DETAINED THEM DUE TO THE FACT WE DID NOT KNOW THE REASON WHY THE VEHICLE WOULD NOT STOP. UPON SECURING THE FOUR INDIVIDUALS THAT WERE IN THE VEHICLE, I RETURNED TO THE AREA WHERE I SAW THE ITEM THAT WAS THROWN OUT OF THE WINDOW AND RECOVERED A GLASS PIPE THAT THROUGH MY TRAINING AND EXPERIENCE WAS KNOWN TO BE USED TO SMOKE METHAMPHETAMINE. I MADE CONTACT WITH THE DRIVER, MR MICHAEL MCALLISTER, LATER IDENTIFIED AS THE DEFENDANT. I READ THE DEFENDANT MIRANDA VIA A PREPRINTED CARD. THE DEFENDANT ADVISED HE UNDERSTOOD HIS RIGHTS AND WISHED TO TALK TO ME. I ASKED THE DEFENDANT WHY HE DID NOT STOP WHEN I ACTIVATED MY LIGHTS. HE STATED HE WANTED TO GET HIS FRIENDS TO THE RESIDENCE THEY WERE GOING TO, WHICH WAS LOCATED NEXT TO WHERE WE STOPPED THE VEHICLE. THE DEFENDANT ADVISED HE BELIEVED IF HE TRAVELED SLOWLY FOR A SHORT DISTANCE, IT WAS OKAY. THE DEFENDANT ADVISED HE DID NOT HAVE A VALID DRIVER LICENSE. I QUESTIONED THE FRONT PASSENGER, LATER IDENTIFIED AS, MS TIFFANY BERGMAN. SHE WAS READ HER MIRANDA RIGHTS VIA A PREPRINTED CARD. SHE ADVISED SHE UNDERSTOOD HER RIGHTS AND WISHED TO TALK TO ME. SHE STATED SHE DID THROW THE METHAMPHETAMINE PIPE OUT THE WINDOW, BUT IT WAS HANDED TO HER BY ONE OF THE REAR PASSENGERS BECAUSE SHE HAD THE ONLY OPERABLE WINDOW IN THE VEHICLE. MS BERGMAN COULD NOT IDENTIFY WHICH BACK PASSENGER HANDED IT TO HER. I SPOKE WITH THE REAR DRIVER SIDE PASSENGER, LATER IDENTIFIED AS, MS REES AMBER SONNLEITNER, AND THE REAR PASSENGER SIDE PASSENGER, LATER IDENTIFIED AS, MR MARKUS KNIERIM. BOTH INDIVIDUALS WERE READ THEIR MIRANDA RIGHTS VIA A PREPRINTED CARD. THEY STATED THEY UNDERSTOOD THEIR RIGHTS AND WISHED TO SPEAK WITH ME. BOTH DENIED ANY KNOWLEDGE OF THE METHAMPHETAMINE PIPE. CANINE DEPUTY BEHNEN (0442) ARRIVED ON SCENE AND CONDUCTED AN EXTERIOR SNIFF OF THE VEHICLE WITH HIS K-9. CANINE DEPUTY BEHNEN ADVISED HIS K-9 DID GIVE A POSITIVE ALERT. SEE DEPUTY BEHNEN'S K-9 SUPPLEMENT. A SEARCH OF THE VEHICLE WAS CONDUCTED AND A BLACK NEOPRENE POUCH WAS LOCATED ON THE FLOOR OF THE FRONT PASSENGER SIDE. LOCATED INSIDE OF THE NEOPRENE POUCH WERE NUMEROUS SYRINGES AND INSULIN FOR DIABETES. ALSO LOCATED INSIDE THE POUCH WAS A SMALL CLEAR PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE THAT THROUGH MY TRAINING AND EXPERIENCE WAS KNOWN TO BE CANNABIS. I QUESTIONED THE DEFENDANT. THE DEFENDANT ADVISED HE WAS A DIABETIC AND HIS INSULIN WAS IN THE CAR. I ASKED THE DEFENDANT IF HE COULD DESCRIBE THE POUCH THAT IT WAS IN. THE DEFENDANT DESCRIBED IT AS A BLACK POUCH WITH THE LETTER "B" ON THE POUCH, WHICH MATCHED THE POUCH CONTAINING THE INSULIN AND THE CANNABIS. THE DEFENDANT DENIED OWNERSHIP OF THE CANNABIS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING WITHOUT A LICENSE, WITH A BOND SET AT $1000.00 AND POSSESSION OF MARIJUANA UNDER 20 GRAMS WITH A BOND SET AT $1000.00, FOR A TOTAL BOND OF $2,000.00 PER THE BOND SCHEDULE. THE CANNABIS WAS WEIGHED AND FOUND TO BE APPROXIMATELY 1.5 GRAMS. IT WAS COLLECTED AND SUBMITTED IN TO EVIDENCE. THE VEHICLE WAS TOWED BY ADAM'S TOWING. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, NUMBER A1P2HXP, FOR DRIVING WITHOUT A VALID DRIVER LICENSE AND WAS ALSO ISSUED A VERBAL WARNING FOR THE TAILLIGHTS. |
