| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSS 0297 (AR13-7982) DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: APPROXIMATELY 29.6 GRAMS OF MARIJUANA, WHICH WAS JOINTLY OWNED BY DEFENDANT ONE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: APPROXIMATELY .6 GRAMS OF COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). ON 111313 AT APPROXIMATELY 2124 HOURS, I WAS TRAVELING EASTBOUND ON NORVELL BRYANT HIGHWAY JUST WEST OF HIGHWAY 41 IN HERNANDO. I THEN PROCEEDED TO TURN SOUTHBOUND ON HIGHWAY 41, WHERE I OBSERVED A DARK PICKUP TRUCK TRAVELING NORTHBOUND ON HIGHWAY 41 NEAR SPOONER AVENUE IN HERNANDO, WHERE I ESTIMATED ITS SPEED TO BE APPROXIMATELY 50 MILES PER HOUR. I THEN ACTIVATED MY FORWARD FRONT RADAR, WHICH SHOWED THE VEHICLE SPEED ACCELERATING FROM 49 MILES PER HOUR TO 51 MILES PER HOUR IN A 35 MILES PER HOUR ZONE. I THEN TURNED AROUND ON SAID VEHICLE AND PROCEEDED TO PERFORM A TRAFFIC STOP ON THE black TOYOTA PICKUP BEARING FLORIDA LICENSE PLATE U491GF. THE VEHICLE PULLED OVER AT THE CORNER OF EAST LAKE PLACE AND HIGHWAY 41. I THEN MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS DEFENDANT ONE, MR RODERICK NIEVES, WHERE I ADVISED HIM WHY HE WAS BEING STOPPED AND OBTAINED HIS DRIVER'S LICENSE AND REGISTRATION. AT THAT POINT, I COULD SMELL A STRONG ODOR OF FEBREEZE, AS WELL AS A STRONG ODOR OF MARIJUANA COMING FROM THE VEHICLE. THIS DEPUTY REALIZED THAT IT WAS OBVIOUS THAT SOMEONE SPRAYED THE FEBREEZE TO COVER THE EXTREMELY STRONG ODOR OF MARIJUANA COMING FROM THE VEHICLE. I THEN RETURNED TO MY VEHICLE TO PERFORM A DRIVER'S LICENSE CHECK AND REQUEST A BACK UP DEPUTY. A SHORT TIME LATER, DEPUTY LABORDA ARRIVED ON SCENE AND I ADVISED HIM OF THE ODOR I SMELLED COMING FROM THE VEHICLE. HE THEN WALKED UP TO SPEAK TO THE DEFENDANT, WHERE HE ALSO SMELLED THE STRONG ODOR OF MARIJUANA EMANATING FROM THE VEHICLE. I THEN ASKED THE DEFENDANT TO EXIT THE TRUCK AND WALK BACK TO MY VEHICLE, AT WHICH POINT I EXPLAINED THAT I SMELLED A STRONG ODOR OF MARIJUANA EMANATING FROM HIS VEHICLE. HE ADVISED THAT HE SMOKED WEED EARLIER AND THAT WAS WHY THE ODOR WAS STILL THERE. I THEN WALKED AROUND TO THE PASSENGER SIDE AND MADE CONTACT WITH THE RIGHT FRONT PASSENGER/DEFENDANT TWO, MS MICHELLE BELLE, IDENTIFIED BY HER FLORIDA DRIVER'S LICENSE. I ADVISED HER OF THE STRONG ODOR OF MARIJUANA EMANATING FROM THE VEHICLE AND ALSO TOLD HER THAT THE DRIVER ADMITTED TO SMOKING WEED IN THE VEHICLE AND IT WOULD BE IN HER BEST INTEREST TO BE UP FRONT ABOUT IT. AT THAT TIME, SHE HANDED ME TWO GLASS JARS, ONE WAS FILLED WITH SUSPECTED MARIJUANA AND THE OTHER CONTAINED TWO SUSPECTED MARIJUANA FILLED CIGARETTES AND ROLLING PARAPHERNALIA. DEPUTY ANSTEAD ALSO ARRIVED ON SCENE AT THE REQUEST OF THIS DEPUTY. I THEN HAD DEFENDANT TWO EXIT THE VEHICLE AND WALK A SHORT DISTANCE TO STAND BY DEPUTY ANSTEAD. I PROCEEDED TO BEGIN A SEARCH OF THE VEHICLE, WHERE I LOCATED A SILVER ZIPPERED POUCH WITH A LARGE AMOUNT OF CASH INSIDE. INSIDE THE SILVER POUCH WAS A SMALL ALTOIDS CONTAINER, WHICH WAS LATER DISCOVERED TO CONTAIN SEVERAL PILLS, AS WELL AS A SMALL PLASTIC BAGGIE WHICH CONTAINED A WHITE POWDERY SUBSTANCE, WHICH FIELD TESTED POSITIVE FOR COCAINE. I CONTINUED SEARCHING THE VEHICLE, WHERE I LOCATED A LIP BALM TYPE CONTAINER IN BETWEEN THE SEATS, WHICH HAD WHAT APPEARED TO BE MARIJUANA INSIDE. I ALSO DISCOVERED IN THE ASHTRAY A PARTIALLY SMOKED MARIJUANA CIGARETTE AND ANOTHER MARIJUANA CIGARETTE IN THE CENTER CONSOLE. I LOCATED A DUFFLE BAG SUITCASE WHICH CONTAINED A VACUUM SEALED BAGGIE, CONTAINING MORE OF WHAT APPEARED TO BE MARIJUANA. THERE WERE ALSO SEVERAL pieceS OF PARAPHERNALIA THAT WERE FOUND THROUGHOUT THE VEHICLE. DEPUTY ANSTEAD THEN READ DEFENDANT TWO HER MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF SHE UNDERSTOOD HER RIGHTS, TO WHICH SHE REPLIED THAT SHE DID AND SHE WOULD SPEAK TO LAW ENFORCEMENT. DEFENDANT TWO ADVISED THAT SHE WAS AWARE THAT THE MARIJUANA WAS IN THE VEHICLE AND THEY HAD BOTH BEEN USING THE MARIJUANA IN THE VEHICLE. SHE ALSO TOLD DEPUTY ANSTEAD THAT THE COCAINE FOUND IN THE SILVER BAG WAS HERS. SHE ADVISED THAT SOMEONE GAVE IT TO HER PREVIOUSLY, BUT SHE doesnât USE IT ANYMORE. THIS DEPUTY THEN MADE CONTACT WITH DEFENDANT ONE, WHERE I READ HIM HIS MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD. HE AGREED TO CONTINUE SPEAKING WITH ME AND SAID THAT THE WEED IN THE VEHICLE WAS FOR PERSONAL USE AND HE DID NOT KNOW ANYTHING ABOUT THE COCAINE. BOTH DEFENDANT ONE AND DEFENDANT TWO WERE SUBSEQUENTLY PLACED UNDER ARREST. A SEARCH OF THEIR VEHICLE ALSO TURNED UP A LARGE AMOUNT OF CASH IN THE AMOUNT $9,127.00, TO WHICH DEFENDANT ONE ADVISED THAT THE CASH WAS HIS, WITH $567.23 OF IT BELONGING TO DEFENDANT TWO. WHEN ASKED WHY THEY WERE CARRYING SO MUCH CASH, BOTH DEFENDANTS ADVISED THAT THEY ARE BARTENDERS AND IN THE PROCESS OF GOING ON VACATION. THEY ADVISED THAT THE MONEY HAD BEEN SET ASIDE TO PAY SPECIFIC BILLS. THE CASH WAS DIVIDED INTO SECTIONS AND LABELED DIFFERENTLY TO SUPPORT WHAT THEY WERE CLAIMING, AS WELL AS THE MONEY WAS CARRIED SEPARATELY IN DIFFERENT CONTAINERS. ALL OF THE CURRENCY WAS LATER TURNED OVER TO DEFENDANT ONEâS UNCLE, PER BOTH DEFENDANTS REQUEST. THE APPROPRIATE PROPERTY RECEIPT WAS COMPLETED AND WILL BE TURNED INTO EVIDENCE. THE VEHICLE AND DEFENDANT ONEâS PET DOG WERE BOTH TURNED OVER TO DEFENDANT ONEâS UNCLE, PER HIS REQUEST. THE COMBINATION OF ALL OF THE MARIJUANA FOUND WEIGHED APPROXIMATELY 29.8 GRAMS. THE COCAINE WAS ALSO WEIGHED AT APPROXIMATELY .6 GRAMS THE MARIJUANA, THE COCAINE, THE MISCELLANEOUS PILLS AND THE PARAPHERNALIA WERE LATER TURNED INTO EVIDENCE. DEFENDANT ONE WAS HANDCUFFED (DOUBLE LOCKED), BEHIND HIS BACK, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING, WHERE HE WAS CHARGED WITH ONE COUNT OF POSSESSION OF MARIJUANA OVER 20 GRAMS. DEFENDANT ONEâS BOND WAS SET AT $5,000.00, PER THE BOND SCHEDULE. DEFENDANT TWO WAS HANDCUFFED, (DOUBLE LOCKED), BEHIND HER BACK, SECURED IN THE REAR OF DEPUTY ANSTEADâS PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING, WHERE SHE WAS CHARGED WITH POSSESSION OF MARIJUANA OVER 20 GRAMS AND POSSESSION OF COCAINE, WITH DEFENDANT TWOâS TOTAL BOND WAS SET AT $10,000.00, PER THE BOND SCHEDULE. THE TRAFFIC STOP AND THE VEHICLE SEARCH WERE VIDEO TAPED VIA IN CAR CAMERA AND WILL BE TURNED IN TO EVIDENCE. |
