| Probable cause affidavit: |
SUBMITTED BY: CALLAHAN, CRAIG 0643 (AR10114235) REID, JUSTIN 0706 DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS/HER 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). ON 041010 AT APPROXIMATELY 1403 HOURS, I WAS TRAVELING EASTBOUND ON EAST GOBBLER DRIVE. UPON APPROACHING SOUTH BASS TERRACE, I OBSERVED A BLACK MAZDA TRUCK PARKED AT THE STOP SIGN ON BASS TERRACE. UPON OBSERVING THIS TRUCK I NOTICED THAT IT WAS OCCUPIED BY TWO WHITE FEMALES WHO WERE NOT WEARING THEIR SEATBELTS. I THEN TURNED MY PATROL VEHICLE AROUND AND CONDUCTED A TRAFFIC STOP IN THE AREA OF EAST GOBBLER DRIVE AND SOUTH BASS TERRACE. UPON MAKING CONTACT WITH THE DRIVER, I ASKED HER FOR HER LICENSE AND REGISTRATION WHICH SHE WAS ABLE TO PROVIDE TO ME. I ALSO ASKED THE PASSENGER FOR HER LICENSE WHICH SHE WAS ABLE TO PROVIDE TO ME. I THEN ASKED THEM BOTH IF THEY UNDERSTOOD WHY THEY WERE BEING PULLED OVER AND THEY BOTH STATED THAT YES THEY DID KNOW THAT THEY DID NOT HAVE THEIR SEATBELTS ON. PRIOR TO GOING BACK TO MY PATROL VEHICLE, I ASKED THE DRIVER AND PASSENGER, LATER IDENTIFIED AS THE DEFENDANT MICHELLE WIMMER, IF THEY HAD ANY ILLEGAL NARCOTICS IN THE VEHICLE. THEY BOTH RESPONDED NO, THEY DID NOT HAVE ANY ILLEGAL NARCOTICS IN THE VEHICLE AND THAT WE DID NOT HAVE PERMISSION TO SEARCH THE VEHICLE. AT THAT TIME, K-9 DEPUTY BEHNEN ARRIVED ON SCENE WITH HIS CANINE PARTNER JERRY LEE. K-9 DEPUTY BEHNEN AND JERRY LEE CONDUCTED AN EXTERIOR SNIFF OF THE VEHICLE. AFTER THE EXTERIOR SNIFF WAS CONDUCTED K-9 DEPUTY BEHNEN ADVISED THAT HIS PARTNER JERRY LEE POSITIVELY ALERTED TO THE PRESENCE OF AN ILLEGAL NARCOTIC WITHIN THE VEHICLE. AT THAT TIME, I ASKED THE DRIVER AND THE DEFENDANT TO STEP OUT OF THE VEHICLE SO THAT WE COULD FURTHER SEARCH THE VEHICLE FOR NARCOTICS. PRIOR TO SEARCHING THE VEHICLE, I ASKED THE DEFENDANT ONE MORE TIME IF THERE WERE ANY ILLEGAL NARCOTICS IN THE VEHICLE. AT THAT TIME, SHE STATED THAT YES THERE WERE NARCOTICS IN HER PURSE. UPON SEARCHING THE VEHICLE I LOCATED A SMALL BAGGIE OF MARIJUANA IN THE DEFENDANT'S PURSE ALONG WITH A SMALL "ROACH". AFTER FURTHER SEARCHING THE VEHICLE I ALSO FOUND A PURPLE PLASTIC GRAPE FLAVORED OWL BRAND CIGAR PACKAGE, WHICH CONTAINED A PARTIALLY SMOKED PRE-ROLLED "BLUNT", WHICH WAS FOUND ON THE FLOOR BOARD BEHIND THE PASSENGER SEAT. AFTER THE VEHICLE SEARCH WAS CONCLUDED, I ASKED THE DEFENDANT WHO THE MARIJUANA BELONGED TO AND SHE STATED THAT IT WAS ALL HERS. AT THAT TIME, THE DEFENDANT WAS THEN PLACED IN HANDCUFFS BEHIND HER BACK (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA A PREPRINTED MIRANDA CARD. AT THAT TIME, THE DEFENDANT WAIVED HER RIGHTS AND ADVISED THAT SHE WISHED TO TALK TO ME. AT THAT TIME, SHE STATED THAT THE MARIJUANA WAS FOR HER PERSONAL USE AND THAT SHE SMOKED IT EVERY NIGHT BEFORE SHE WENT TO SLEEP. SHE ALSO STATED THAT SHE PURCHASED THE MARIJUANA APPROXIMATELY ONE WEEK PRIOR. PRIOR TO LEAVING THE SCENE THE VEHICLE, WHICH WAS REGISTERED TO THE DEFENDANT, WAS TURNED OVER TO THE DRIVER PER THE DEFENDANT'S REQUEST. THE MARIJUANA WAS WEIGHED AND DETERMINED TO HAVE AN APPROXIMATE WEIGHT OF FOUR GRAMS TOTAL. THE MARIJUANA WAS LATER PLACED INTO EVIDENCE. BOTH THE DRIVER AND THE DEFENDANT WERE ISSUED UNIFORM TRAFFIC CITATIONS FOR FAILURE TO WEAR A SEATBELT, CITATION NUMBERS 7577-FRYX, AND 7576-FRY9. THE DEFENDANT'S BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
