| Probable cause affidavit: |
SUBMITTED By: GLAZE, RYAN 0299 (AR08102041) did knowingly, actually and intentionally touch or strike SERGEANT GLAZE, A LAW ENFORCEMENT OFFICER, against the will of that person while knowing that the said LAW ENFORCEMENT OFFICER was engaged in a lawful performance of HIS legal duties, in violation of Florida Statute 784.07. DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE SERGEANT GLAZE, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: EFFECTING THE ARREST OF THE SAID DEFENDANT, WITH VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.01. DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: 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 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: MARIJUANA SAID OBJECT BEING A MULTICOLOR GLASS PIPE WITH RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.147(1)(B). ON 030508 WHILE TRAVELLING NORTH BOUND ON NORTH LECANTO HIGHWAY, I OBSERVED THE DEFENDANT DRIVING IN A WHITE IN COLOR CHEVY VAN BEARING FLORIDA TAG J06QIC PULL INTO THE INTERSECTION FROM MARC KNIGHTON AND PROCEED ON NORTH LECANTO HIGHWAY. THE VEHICLE PROCEEDED STRAIGHT ACROSS THE INTERSECTION SLIGHTLY MAKING A LEFT TURN BUT DID NOT MAKE A COMPLETE TURN AS HIS VEHICLE DROVE UP ON TO THE CURB OF THE ROAD WHILE IMPEDING THE OUTSIDE NORTH BOUND LANE WHICH CAUSED OTHER VEHICLES TO PULL AROUND THE DEFENDANT'S VEHICLE. HE PUT THE VEHICLE INTO REVERSE WHICH CAUSED THE VEHICLE TO PROCEED SOUTH IN THE NORTH BOUND LANE AND THEN HE PROCEEDED NORTH IN THE OUTSIDE LANE. I THEN CAUGHT UP WITH THE DEFENDANT, WHO APPEARED TO ACCELERATE HIS VEHICLE, INTO A 40 MILE PER HOUR (MPH) ZONE. I THEN PACED THE DEFENDANT'S VEHICLE AT A TIME WHEN HIS VEHICLE AND MINE WERE TRAVELLING THE SAME SPEED NEAR THE INTERSECTION OF NORTH LECANTO HIGHWAY AND NEW YORK BOULEVARD. I DETERMINED THE DEFENDANT'S SPEED TO BE 52 MPH IN A 40 MPH ZONE. I THEN CONDUCTED A TRAFFIC STOP AT 1933 HOURS ON THE DEFENDANT'S VEHICLE TO WHICH THE DEFENDANT PULLED INTO THE LEFT HAND TURN LANE AT THE INTERSECTION OF NORTH LECANTO HIGHWAY AND FINANCIAL. THE DEFENDANT THEN ABRUPTLY STOPPED HIS VEHICLE AND IMMEDIATELY EXITED HIS VEHICLE VERY QUICKLY AND I EXITED MY VEHICLE VERY QUICKLY ALSO. IT SHOULD BE NOTED THE DEFENDANT'S HANDS WERE CONCEALED IN HIS POCKETS. AT THIS TIME, I ORDERED THE DEFENDANT TO REMOVE HIS HANDS FROM HIS POCKETS TO WHICH HE COMPLIED. I THEN ASKED HIM TO COME TO THE REAR OF MY PATROL VEHICLE SINCE HE WAS ALREADY OUT OF HIS VEHICLE. I ASKED FOR HIS DRIVER'S LICENSE, AT WHICH TIME, HE PROVIDED IT TO THIS SERGEANT. I THEN PLACED IT ON THE HOOD OF MY PATROL VEHICLE. IT SHOULD BE NOTED THE DEFENDANT PLACED HIS HAND'S BACK IN HIS POCKETS AND BEGAN TO MOVE HIS HANDS AROUND IN THE FRONT POCKETS OF HIS SHORTS. AT THAT TIME, THIS SERGEANT BECAME CONCERNED FOR OFFICER SAFETY. I ASKED THE DEFENDANT IF HE WOULD MIND EMPTYING HIS POCKETS ON MY VEHICLE AND HE STATED "SURE" AND BEGAN EMPTYING HIS POCKETS PLACING A METRO PCF CELLULAR TELEPHONE, A LIGHTER, MISCELLANEOUS CHANGE, AND MISCELLANEOUS PAPER CURRENCY (LATER PLACED BACK INTO HIS POCKET WHEN HE WAS TURNED OVER TO THE DETENTION FACILITY). I THEN OBSERVED A BULGE IN THE DEFENDANT'S RIGHT POCKET. I ASKED THE DEFENDANT IF HE MINDED IF I PATTED HIM DOWN TO WHICH HE ADVISED "SURE" AGAIN. I THEN PATTED THE DEFENDANT ON HIS RIGHT POCKET AND FELT A SOLID OBJECT WHICH APPEARED, DUE TO MY KNOWLEDGE, TRAINING, AND EXPERIENCE, TO BE A MARIJUANA SMOKING DEVICE. I THEN ASKED THE DEFENDANT IF HE WOULD GIVE THE ITEM TO ME. I ASKED IF HE WOULD MIND GIVING ME THE PIPE WHICH MET WITH THE DEFENDANT FLEEING TO THE FRONT RIGHT SIDE OF MY VEHICLE, AT WHICH TIME, I ATTEMPTED TO GRAB THE DEFENDANT WITH BOTH HANDS. I GRABBED THE DEFENDANT NEAR HIS LEFT SHOULDER WITH BOTH HANDS AND ADVISED HIM HE WAS UNDER ARREST. THE DEFENDANT SWUNG WITH AN OVERHAND SWING WITH HIS RIGHT HAND AT THIS SERGEANT BUT MISSED ME AND THREW HIS MULTICOLORED GLASS PIPE ACROSS THE LEFT SIDE OF NORTH LECANTO HIGHWAY INTO A WOODED AREA. THE DEFENDANT THEN TURNED TO ENGAGE THIS SERGEANT AS IF HE WAS NOT GOING TO FLEE BUT AS IF HE WAS GOING TO FIGHT. I THEN BEGAN TO STRUGGLE WITH THE DEFENDANT WHICH LED THIS SERGEANT TO BE GRABBING THE DEFENDANT FROM BEHIND IN AN ATTEMPT TO PLACE HIM ON THE GROUND. AS I DID THIS, I FELT THE DEFENDANT WITH HIS RIGHT HAND PULL ON MY HOLSTER OR GUN WHICH WAS ON MY RIGHT SIDE AS I FELT IT GET PULLED UP ON MY WAIST. I THEN TOOK THE DEFENDANT TO THE GROUND. THE DEFENDANT LANDED ON HIS STOMACH AND I WAS ON HIS BACK. THE DEFENDANT STILL HAD HIS RIGHT HAND IN THE AREA OF MY FIREARM . I ADVISED THE DEFENDANT MULTIPLE TIMES TO STOP RESISTING AND HE WAS UNDER ARREST. WHILE THIS DEPUTY HAD HIS ARMS AROUND THE DEFENDANT OVER HIS SHOULDERS WITH MY LEFT ARM ACROSS THE FRONT OF HIS NECK IN AN ATTEMPT TO HOLD HIM DOWN AND RESTRAIN HIM WITH MY RIGHT ARM, I ATTEMPTED TO GAIN CONTROL OF THE DEFENDANT'S RIGHT ARM. I CONTINUED TO STRUGGLE WITH THE DEFENDANT ATTEMPTING TO GAIN CONTROL OF HIM AND KEEP HIS RIGHT HAND AWAY FROM MY FIREARM WHICH ENSUED FOR APPROXIMATELY TWO MINUTES. A JUVENILE WITNESS NUMBER ONE STOPPED HIS VEHICLE NEXT TO MY PATROL VEHICLE AND OBSERVED MY STRUGGLE TO ARREST THE DEFENDANT, AT WHICH TIME HE ASSISTED ME AND HELD DOWN THE DEFENDANT'S LEGS. I WAS THEN ABLE TO GET HOLD OF BOTH THE DEFENDANT'S HANDS AND HANDCUFF HIM (DOUBLE LOCKED) BEHIND THE BACK WHILE HE WAS STILL LAYING ON HIS STOMACH. I THEN REQUESTED BACK-UP TO RESPOND. THE DEFENDANT WAS THEN PLACED ON HIS FEET AND PLACED ON THE HOOD OF MY PATROL VEHICLE WHERE HE WAS THEN LEANED OVER IT ON HIS CHEST UNTIL BACK-UP COULD ARRIVE. IT SHOULD BE NOTED THE DEFENDANT HAD TO BE ADVISED FIVE OR SIX TIMES TO STAY DOWN ON THE HOOD AND STOP RESISTING AS HE WAS CONTINUALLY WANTING TO GET UP OFF THE HOOD AND HAD TO BE RESTRAINED EACH TIME. DEPUTY BOUFFARD, DEPUTY ROWAND, AND LIEUTENANT MUNDAY ARRIVED ON SCENE TO ASSIST ME. THE DEFENDANT WAS SEARCHED BY THIS SERGEANT. IT SHOULD BE NOTED I LOCATED APPROXIMATELY FIVE GRAMS OF MARIJUANA CONTAINED IN A CLEAR PLASTIC BAGGIE IN THE DEFENDANT'S LEFT POCKET. NO OTHER ILLEGAL ITEMS WERE LOCATED ON THE DEFENDANT. THE DEFENDANT'S HANDCUFFS WERE ADJUSTED TO HIS COMFORT, THEN DOUBLE LOCKED AND HE WAS THEN PLACED IN THE REAR OF DEPUTY BOUFFARD'S PATROL VEHICLE WHERE HE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. LIEUTENANT MUNDAY OBTAINED SWORN WRITTEN STATEMENTS FROM WITNESS NUMBER ONE AND WITNESS NUMBER TWO WHO PARKED AT THE SUNTRUST BANK AND WAITED TO SPEAK WITH THE SHERIFF'S OFFICE. DEPUTY ROWAND DEPLOYED K-9 TUCK IN THE AREA WHERE THE DEFENDANT HAD THROWN THE MARIJUANA PIPE (SEE DEPUTY ROWAND'S K-9 REPORT FOR FURTHER AS K-9 TUCK DID LOCATE THE DEFENDANT'S MARIJUANA PIPE). IT SHOULD BE NOTED THE MARIJUANA DID FIELD TEST POSITIVE FOR THE SAME AND THE PIPE HAD A STRONG ODOR OF MARIJUANA EMITTING FROM IT AND ALSO CONTAINED RESIDUE IN THE BOWL. MYSELF AND DEPUTY ROWAND CONDUCTED A SEARCH OF THE DEFENDANT'S VEHICLE. DEPUTY ROWAND LOCATED A RED PACK OF "JOB" ROLLING PAPERS IN THE CENTER VAN CONSOLE WHICH ALSO APPEARED TO HAVE MARIJUANA RESIDUE INSIDE OF IT AND HAD THE ODOR OF THE SAME. DEPUTY BASS ALSO ARRIVED ON SCENE AND COMPLETED A VEHICLE STORAGE RECEIPT. ADVANCED TOWING RESPONDED AND TOWED THE DEFENDANT'S VEHICLE. ALL ILLEGAL ITEMS WERE PACKAGED AND TURNED IN TO EVIDENCE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION (UTC) NUMBER 1797-ETP FOR IMPROPER LEFT TURN AND UTC NUMBER 1798-ETP FOR UNLAWFUL SPEED 52 MPH IN A 40 MPH. THE DEFENDANT WAS ARRESTED AT 1947 HOURS. THE WITNESS STATEMENTS WERE TURNED IN TO RECORDS. IT SHOULD BE NOTED THIS STRUGGLE DID OCCUR ON NORTH LECANTO HIGHWAY, WHICH IS A FIVE LANE AREA WITH A TURN LANE IN THE MIDDLE, WHICH HAS A TRAFFIC LIGHT. IN THE AREA WE STRUGGLED WAS BETWEEN THE REAR OF THE DEFENDANT'S VEHICLE AND THE FRONT OF MY PATROL VEHICLE AND ALSO THIS STRUGGLE PARTIALLY WAS INTO THE INSIDE NORTH BOUND LANE JUST TO THE EAST OF OUR VEHICLES. *NOT-EXEMPT* |
