| Probable cause affidavit: |
SUBMITTED BY: REEVES, CHRISTOPHER 0663 (AR11120642) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO-WIT: 101 GRAMS OF MARIJUANA, WITH THE INTENT TO SELL THE SAID SUBSTANCE TO ANOTHER PERSON, IN VIOLATION OF FLORIDA'S STATE STATUTE 893.13(1)(A)(2). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: 2 PILLS OF ALPRAZALAM 1 MG SCHEDULE 4, 2 ½ PILLS OF METHADONE 10 MG SCHEDULE 2 AND 2 OXYCODONE 20 MG TABLETS SCHEDULE TWO, IN VIOLATION OF FLORIDA'S STATE STATUTE 893.13(6)(A). did then and there unlawfully have in HIS actual or constructive possession OF a certain habit-forming, toxic, harmful, new or legend drug subject to Section 499.003, Florida Statutes, to-wit: TRAZADONE, without having obtained said drug by a valid prescription, in violation of Florida'S STATE Statute 499.03(1). 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: PLASTIC BAGGIES, ROLLING PAPERS, 1 HITTER IN A PILL BOTTLE, SILVER DIGITAL SCALE AND A TOOTH BRUSH, IN VIOLATION OF FLORIDA'S STATE STATUTE 893.147(1). ON 050611 AT APPROXIMATELY 1757 HOURS, WHILE ON PATROL IN INVERNESS WITH DEPUTY PARSONS, I OBSERVED A RED CHEVY 2-DOOR, RUN THE STOP SIGN AT DAWSON AND INDEPENDENCE HIGHWAY. I THEN PERFORMED A TRAFFIC STOP ON THE VEHICLE AT POLK STREET AND independence HIGHWAY. AS I APPROACHED THE VEHICLE, I NOTICED A 24 PACK OF BUD LIGHT BOTTLES TO BE IN THE BACK SEAT ON the DRIVER'S SIDE. I THEN MADE CONTACT WITH THE DRIVER AND ADVISED HIM WHO I WAS AND the REASON FOR the STOP. I THEN ASKED HIM FOR HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE, which HE PROVIDED. I THEN ASKED IF ANY OF THE OCCUPANTS OF THE VEHICLE IF THEY WERE OVER 21 YEARS OF AGE, TO WHICH ALL REPLIED THAT THEY WERE NOT. the DEFENDANT, MR NICKLAUS KRAUCH, WHO WAS SEATED ON THE PASSENGER'S SIDE OF THE VEHICLE IN THE REAR SET APPEARED NERVOUS AND DID NOT MAKE EYE CONTACT WITH ME. I THEN ASKED ALL OCCUPANTS OF the VEHICLE IF THERE WAS ANY ILLEGAL CONTRABAND IN THE VEHICLE TO WHICH ALL REPLIED THAT THERE WAS NOT. I THEN OBTAINED ID'S FROM THE DRIVER, PASSENGER TWO AND THE DEFENDANT, HOWEVER PASSENGER ONE WAS ONLY 15 YEARS OLD AND DID NOT HAVE ONE. I THEN RETURNED TO MY VEHICLE AND PERFORMED A WANTS AND WARRANTS CHECK ON ALL OCCUPANTS OF THE VEHICLE, WHICH WAS MET WITH NEGATIVE RESULTS. I THEN AGAIN MADE CONTACT WITH THE DRIVER AND INFORMED HIM THAT I WOULD NOT BE ISSUING HIM A TRAFFIC CITATION AND ASKED HIM IF HE WOULD ALLOW ME TO SEARCH HIS VEHICLE, TO WHICH HE REPLIED THAT I COULD. I THEN ASKED ALL OTHER OCCUPANTS OF THE VEHICLE IF I COULD SEARCH THEIR PERSONS AND THE VEHICLE TO WHICH ALL REPLIED THAT I COULD. I THEN TURNED OFF MY FRONT EMERGENCY STROBE LIGHTS ON MY VEHICLE AND ASKED ALL PARTIES TO EXIT the VEHICLE, WHICH ALL COMPLIED. A SEARCH OF ALL OCCUPANTS' PERSONS MET WITH NEGATIVE RESULTS. I SEARCHED THE FRONT PASSENGER'S COMPARTMENT OF THE VEHICLE WHERE NO CONTRABAND WAS FOUND. IN THE REAR PASSENGER'S SEAT, IN THE FLOOR BOARD WHERE THE DEFENDANT WAS SITTING WAS AN OPEN BUD LITE BOTTLE WITH APPROXIMATELY ½ OF THE BEER CONSUMED AND THE CAP HAD BEEN POPPED BACK ON. UNDER THE FRONT PASSENGER'S SEAT, I OBSERVED A BLACK ADIDAS TOTE BAG WHICH SMELLED OF MARIJUANA. I OPENED THE BAG AND DISCOVERED ONE LARGE BAG OF A GREEN LEAFY SUBSTANCE AS WELL AS TWO SMALL BAGS OF A GREEN LEAFY SUBSTANCE WHICH THROUGH MY TRAINING AND EXPERIENCE I RECOGNIZED TO BE MARIJUANA. IN THE BLACK ADIDAS BAG I ALSO FOUND ROLLING PAPERS, A PILL BOTTLE WITH NO LABEL CONTAINING A "ONE HITTER", A SILVER DIGITAL SCALE, A BRAND NEW BOX OF PLASTIC BAGGIES, SEVERAL OTHER ZIPLOCK TYPE BAGGIES, A TOOTHBRUSH, A SMALL PLASTIC BAG CONTAINING SEVEN and A HALF PILLS AND SEVERAL LOVE LETTERS WRITTEN FROM PASSENGER TWO TO THE DEFENDANT. I THEN ADVISED THE DEFENDANT THAT HE WAS UNDER ARREST, HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK AND READ HIM HIS MIRANDA RIGHTS VIA PREPRINTED CARD. I ASKED THE DEFENDANT 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 REPLIED THAT HE WOULD. THE DEFENDANT THEN STATED THAT the MARIJUANA WAS HIS AND THAT HE DID USE THE TWO SMALLER BAGGIES OF MARIJUANA FOR PERSONAL CONSUMPTION, HOWEVER, THE LARGE BAGGIE OF MARIJUANA WHICH WAS OF SUBSTANTIALLY LOWER QUALITY THAN THE TWO SMALLER BAGGIES, WERE TO BE SOLD TO "WHOEVER NEEDED IT". the DEFENDANT THEN STATED THAT ALTHOUGH HE WAS IN POSSESSION OF THE PILLS, HE DID NOT HAVE A PRESCRIPTION FOR ANY OF THEM AND THAT HE DID NOT KNOW WHAT THEY WERE BECAUSE HE FOUND THEM ON THE SIDE OF the ROAD. PRIOR TO LEAVING the SCENE, PASSENGER ONE'S STEP-FATHER WAS CONTACTED AND HE RESPONDED TO MY LOCATION TO TAKE HER HOME. the VEHICLE WAS TURNED OVER TO THE DRIVER. THE DEFENDANT WAS SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WITHOUT INCIDENT. the GREEN LEAFY SUBSTANCE WAS TESTED USING AN AGENCY ISSUED FIELD TESTING KIT WHICH RESULTED POSITIVE FOR MARIJUANA. THE MARIJUANA WAS ALSO WEIGHTED WITH THE RESULTS OF APPROXIMATELY 100 GRAMS. I THEN CONTACTED POISON CONTROL AND SPOKE WITH RN PAIGE WHO ADVISED THAT the PILLS WERE AS FOLLOWS: 2 PILLS OF ALPRAZALAM 1 MG SCHEDULE 4, 2 ½ PILLS OF METHADONE 10 MG SCHEDULE 2 AND 2 OXYCODONE 20 MG TABLETS SCHEDULE TWO AND ONE TRAZADONE PILL WHICH IS A PRESCRIPTION MEDICATION BUT IS NOT SCHEDULED. the DEFENDANT WAS CHARGED WITH ONE COUNT OF POSSESSION OF CANNABIS WITH INTENT TO SELL, THREE COUNTS OF POSSESSION OF A CONTROLLED SUBSTANCE, ONE COUNT OF POSSESSION OF A MEDICINAL DRUG WITHOUT A PRESCRIPTION AND ONE COUNT OF POSSESSION OF PARAPHERNALIA. THE DEFENDANT'S TOTAL BOND WAS SET AT $21,000.00, PER THE BOND SCHEDULE. ALL CONTRABAND WAS COLLECTED AND LATER TURNED INTO EVIDENCE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *not-exempt* |
