| Probable cause affidavit: |
SUBMITTED BY: MULLINS, MARVIN 0493 (AR14-12617) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE SERGEANT CONLEY AND DEPUTY MULLINS, WHO WERE THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: OBSTRUCTED A LAWFUL INVESTIGATION, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. DID UNLAWFULLY ALLOW A PERSON, WHO WAS NOT AUTHORIZED TO OPERATE A MOTOR VEHICLE IN THE STATE OF FLORIDA, UPON A PUBLIC STREET, TO WIT: ALLOWED AN UNLICENSED DRIVER TO DRIVE ON INDEPENDENCE HIGHWAY, IN VIOLATION OF FLORIDA STATE STATUTE 322.36. ON 103114 AT APPROXIMATELY 2253 HOURS, SERGEANT CONLEY CONDUCTED A TRAFFIC STOP ON A BLUE FORD PICK UP TRUCK ON INDEPENDENCE HIGHWAY, FOR TRAVELING 55 MILES PER HOUR IN A 45 MILE PER HOUR ZONE. WHEN SERGEANT CONLEY APPROACHED THE DRIVER, HE ASKED TO SEE HIS DRIVER'S LICENSE, REGISTRATION, AND PROOF OF INSURANCE. THE DRIVER, LATER IDENTIFIED AS THE CO-DEFENDANT, TOLD SERGEANT CONLEY THAT HE DID NOT HAVE A VALID DRIVER'S LICENSE. SERGEANT CONLEY THEN ASKED THE CO-DEFENDANT TO STEP OUT. WHEN HE DID, SERGEANT CONLEY SMELLED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE CO-DEFENDANT AND THE CO-DEFENDANT HAD SLURRED SPEECH. AT THAT TIME, I ARRIVED ON SCENE AS BACK UP FOR SERGEANT CONLEY AND I PLACED THE CO-DEFENDANT IN THE REAR SEAT OF MY PATROL VEHICLE. SERGEANT CONLEY ADVISED ME THAT AS HE APPROACHED THE DRIVER SIDE OF THE VEHICLE, HE SMELT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE AND OBSERVED A SHOT GLASS ON THE PASSENGER FLOOR BOARD THAT WAS STILL WET. DUE TO THE CO-DEFENDANT BEING A MINOR UNDER THE AGE OF 21, SERGEANT CONLEY ADVISED THAT HE WAS GOING TO TELL THE DEFENDANT TO STEP OUT OF THE VEHICLE AND CONDUCT AN INVESTIGATION FOR CONTRIBUTING TO THE DELINQUENCY OF A MINOR. SERGEANT CONLEY APPROACHED THE DEFENDANT, WHO WAS STILL INSIDE OF THE VEHICLE, AND TOLD HIM TO STEP OUT OF THE VEHICLE. THE DEFENDANT COMPLIED AND SERGEANT CONLEY ADVISED HIM THAT DUE TO THE HEAVY ODOR OF AN ALCOHOLIC BEVERAGE, AS WELL AS A WET SHOT GLASS ON THE FLOOR BOARD, ACCOMPANIED WITH THE CO-DEFENDANT BEING A MINOR WITH A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON, AND COUPLED WITH HIS SLURRED SPEECH, THAT HE HAD REASON TO BELIEVE THAT THE DEFENDANT CONTRIBUTED TO THE DELINQUENCY OF A MINOR, AND HE WAS GOING TO RETRIEVE THE SHOT GLASS FROM THE VEHICLE. WHILE SERGEANT CONLEY WAS RETRIEVING THE SHOT GLASS, HE OBSERVED A HALF EMPTY BOTTLE OF TROPICAL ISLE PALMS 151 RUM, UNDERNEATH THE SEAT, AND THE CARPETING WAS WET. AT THAT TIME, THE DEFENDANT BECAME EXTREMELY IRATE AND BEGAN WALKING IN AND OUT OF THE ROAD, AND INTERRUPTING SERGEANT CONLEYâS INVESTIGATION. THE DEFENDANT WAS TOLD SEVERAL TIMES TO STAY BY THE PASSENGER SIDE OF SERGEANT CONLEYâS PATROL VEHICLE TO REMAIN OUT OF TRAFFIC; HOWEVER, HE KEPT APPROACHING THE TRUCK, WALKING IN AND OUT OF THE ROAD, WHICH FORCED SERGEANT CONLEY TO STOP HIS INVESTIGATION SEVERAL TIMES. AT THAT TIME, I ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR RESISTING WITHOUT VIOLENCE. THE DEFENDANT MADE SEVERAL EXCITED UTTERANCES STATING THAT THE VEHICLE WAS HIS AND HE WAS JUST TEACHING THE CO-DEFENDANT HOW TO DRIVE. DUE TO THE DEFENDANT KNOWING THAT THE CO-DEFENDANT DID NOT HAVE A DRIVER'S LICENSE, I ADVISED THE DEFENDANT THAT I WAS ALSO CHARGING HIM FOR ALLOWING AN UNAUTHORIZED DRIVER TO OPERATE A MOTOR VEHICLE ON A PUBLIC ROAD. I PLACED THE DEFENDANT IN HANDCUFFS, (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED HIM IN THE REAR SEAT OF MY PATROL VEHICLE. I THEN TRANSPORTED HIM TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING, WHERE HIS BOND WAS SET AT $1,500.00, PER THE BOND SCHEDULE. I ISSUED THE DEFENDANT A FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 7168 HBH 6, FOR PERMITTING AN UNAUTHORIZED PERSON TO DRIVE. |
