| Probable cause affidavit: |
SUBMITTED BY: STANTON, JOE 0260 (AR08103625) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE CORPORAL JOE STANTON OF THE CITRUS COUNTY SHERIFF'S OFFICE, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: INVESTIGATING SUBJECTS ON SCHOOL PROPERTY IN THE EARLY HOURS OF THE MORNING, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02 AND DID LOITER AND PROWL IN A PLACE, AT A TIME OR IN A MANNER NOT USUAL FOR LAW ABIDING INDIVIDUALS, UNDER CIRCUMSTANCES THAT WARRANTED A JUSTIFIABLE AND REASONABLE ALARM OR IMMEDIATE CONCERN FOR THE SAFETY OF PERSONS OR PROPERTY IN THE VICINITY OF THE WITHLACOOCHEE TECHNICAL INSTITUTE (WTI,) IN VIOLATION OF FLORIDA STATUTE 856.021 AND did unlawfully enter or remain upon the campus of WTI, a public school facility, the property of THE SCHOOL, located at or near 1201 WEST MAIN STREET IN INVERNESS, in violation of Florida Statute 810.097(1)(A) AND 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 TWENTY GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B) ON 060808 AT APPROXIMATELY 0126 HOURS, I OBSERVED THREE WHITE MALE SUBJECTS WALKING IN THE EAST PARKING LOT OF THE WITHLACOOCHEE TECHNICAL INSTITUTE (WTI) LOCATED AT 1201 WEST MAIN STREET IN INVERNESS. UPON PULLING UP TO MAKE CONTACT WITH THE SUBJECTS, ONE OF THE SUBJECTS, LATER IDENTIFIED AS THE DEFENDANT MR NICHOLAS AURIGEMMA, STARTED RUNNING AWAY FROM ME ALONG SIDE OF THE BUILDING, AT WHICH TIME I DROVE MY PATROL VEHICLE TOWARD THE DIRECTION HE WAS RUNNING. UPON DRIVING AROUND THE SOUTH END OF THE BUILDING, THE DEFENDANT CONTINUED RUNNING, NOW HEADED IN A WESTERLY DIRECTION TOWARD A FENCE. I PULLED MY PATROL VEHICLE CLOSE TO THE AREA WHERE THE DEFENDANT WAS ATTEMPTING TO CLIMB THE FENCE, At which time i was approxIMATELY FIFTY (50) feet away. i told the defendant to stop. the defendant looked back at me then proceeded to climb over the fence into the school property. as the defendant went over the fence, he dropped a white plastic bag which was later determined to contain five cans of natural ice beer WHICH WAS DISPOSED OF AT WARRANTS AT THE DEFENDANT'S REQUEST. ONCE OVER THE FENCE, the defendant proceeded to run in a northwest direction. at the time the defendant initially started to run from me, i provided HIS description OVER the radio. the defendant was apprehended a short time later in the northwest area of the school. upon making contact with the defendant, he was read his miranda warnings from a pre-printed card, to which he stated he understood his rights, waived his rights and agreed to speak with me. i asked the defendant why he had run away from me, to which he advised that it was because he had alcohol and he did not want to get a friend he was with, who was on probation, in trouble. i asked the defendant if he knew, when he saw my CAR, THAT it was a SHERIFF'S OFFICE patrol vehicle, to which he stated no. he explained that he ran when he saw the lights of the vehicle, referring to the headlightS, because he had been jumped before. IT SHOULD BE NOTED THAT the entire area where i had initially made contact with the defendant is a well lit parking lot. i asked the defendant if he SAw that i was a deputy whEn i told him to stop and he stated no. during the time when i told the defendant to stop i could clearly see him look back at me and he failed to comply with my verbal command. the defendant WHO WAS ALREADY SEATED HANDCUFFED (double locked) behind his back, WAS PLACED UNDER ARREST AND transported to the citrus county detention facility for booking and processing. while at the detention facility, canine deputy dearden and canine tyson conducted a search in the area where the defendant ran and located a '305' cigarette pack which contained a baggie of what appeared to be marijuana. the defendant was asked about the marijuana while at the detention facility. the defendant admitted that it was his. i asked the defendant to describe what it was in and he stated that it was in a plastic baggie which was inside of a '305' cigarette pack. a property receipt was completed for the marijuana and a copy was provided to the defendant. the marijuana was later turned in to evidence. the defendant's total bond was set at $2,000.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
