| Probable cause affidavit: |
SUBMITTED BY: ROSS, JAMAL 1339 (AR16-19962) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: A CLEAR ZIPLOC BAGGIE CONTAINING CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). 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: GLASS PIPES AND BOTTLES, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 062016, AT 2243 HOURS, WHILE SITTING STATIONARY IN MY PATROL VEHICLE AND CONDUCTING TRAFFIC ENFORCEMENT IN THE AREA OF SOUTH SUNCOAST BOULEVARD AND WEST GREEN ACRES STREET, I OBSERVED A SILVER IN COLOR VEHICLE TRAVELING SOUTHBOUND ON SOUTH SUNCOAST BOULEVARD. AS THE VEHICLE PASSED, I STARTED TRAVELING SOUTHBOUND AS WELL AND BEGAN CONDUCTING MOVING RADAR TOWARDS THE TRAFFIC TRAVELING IN THE NORTHBOUND LANE. AS THE SILVER VEHICLE WAS CONTINUING TO TRAVEL SOUTHBOUND IN THE FAST LANE, I OBSERVED ITS SPEED BEGAN TO INCREASE AS I WAS APPROACHING FROM THE REAR IN THE SLOW LANE. UPON CATCHING UP TO THE VEHICLE, I STARTED PACING THE VEHICLE FOR APPROXIMATELY TWO MILES AT 67 MILES PER HOUR AS WE WERE PASSING WEST MCKINLEY STREET. WHILE CONTINUING TO PACE THE VEHICLE AND AS WE WERE PASSING THE INTERSECTION OF SOUTH SUNCOAST BOULEVARD AND WEST CARDINAL STREET, I OBSERVED ON MY SPEEDOMETER, ALONG WITH MY MOVING RADAR DIGITAL DISPLAY/READOUT, WE WERE AT THAT POINT TRAVELING 73 MILES PER HOUR. THE AREA OF SOUTH SUNCOAST BOULEVARD AND WEST CARDINAL STREET IS A 55 MILE PER HOUR ZONE. I GOT BEHIND THE VEHICLE AND INITIATED MY OVERHEAD EMERGENCY LIGHTS AND CONDUCTED A TRAFFIC STOP ON SOUTH SUNCOAST BOULEVARD AND CYPRESS BOULEVARD WEST ON THE SAME SILVER IN COLOR KIA BEARING FLORIDA LICENSE PLATE NUMBER BZCW87. UPON APPROACHING THE VEHICLE ON FOOT, I OBSERVED THE VEHICLE WAS OCCUPIED BY THREE MALE SUBJECTS. I MADE CONTACT WITH THE DRIVER, TROY O'NEIL. THE WINDOW WAS ALREADY ROLLED DOWN, AND I SMELLED AN ODOR OF MARIJUANA COMING FROM INSIDE OF THE VEHICLE. TROY O'NEIL PROVIDED ME WITH HIS LEARNER PERMIT DRIVER'S LICENSE AND THE FRONT SEAT PASSENGER, LATER IDENTIFIED AS THE DEFENDANT, MR NICOLA MOCCALDI, PASSED ME THE REGISTRATION TO THE VEHICLE. THE DEFENDANT THEN STATED THAT THEY WERE JUST ON THEIR WAY BACK HOME TO PASCO COUNTY AND THERE WERE NO NARCOTICS INSIDE OF THE VEHICLE. AS I WAS WALKING BACK TO MY PATROL VEHICLE, I REQUESTED DEPUTY VIGGIANO (0682) VIA RADIO TO RESPOND TO MY LOCATION. AS I WAS CONTINUING MY TRAFFIC INVESTIGATION, DEPUTY VIGGIANO AND DEPUTY WEST (1286) ARRIVED. I THEN REQUESTED DEPUTY VIGGIANO TO CONDUCT AN EXTERIOR SNIFF WITH HIS K-9. DEPUTY VIGGIANO INFORMED ME THAT HIS K-9 ALERTED. SEE HIS K-9 SUPPLEMENT FOR FURTHER. ALL OF THE OCCUPANTS WHICH INCLUDED THE DEFENDANT, MR NICOLA MOCCALDI, TROY O'NEIL AND THE REAR PASSENGER, MR BEAU OUELLLETTE, WERE REMOVED FROM THE VEHICLE. DEPUTY VIGGIANO THEN CONDUCTED AN INTERIOR SEARCH OF THE VEHICLE AND INFORMED ME THAT HE LOCATED A BLACK IN COLOR BACKPACK ON THE PASSENGER FLOORBOARD WHERE THE DEFENDANT HAD BEEN SEATED. THIS BACKPACK CONTAINED A SMALL DIGITAL SCALE, A MULTICOLORED GLASS PIPE THAT IS COMMONLY USED TO SMOKE MARIJUANA AND SEVERAL SMALL PIECES OF A GREEN LEAFY SUBSTANCE THAT I IDENTIFIED THROUGH MY TRAINING AND EXPERIENCE TO BE MARIJUANA. DEPUTY VIGGIANO THEN INFORMED ME THAT HE LOCATED A CLEAR ZIPLOC BAGGIE INSIDE OF THE GLOVE COMPARTMENT CONTAINING A GREEN LEAFY SUBSTANCE THAT I IDENTIFIED AS MARIJUANA. AFTER THE SEARCH OF THE TRUNK, DEPUTY VIGGIANO RECOVERED A SHOEBOX CONTAINING TWO LARGE GLASS SMOKING PIPES THAT LATER, POST MIRANDA, THE DEFENDANT ADVISED HE USED TO SMOKE MARIJUANA WITH. DUE TO WHERE THE MARIJUANA WAS LOCATED, THE DEFENDANT WAS HANDCUFFED, DOUBLE-LOCKED, BEHIND HIS BACK AND PLACED IN THE REAR OF PATROL VEHICLE. THE DEFENDANT WAS THEN READ MIRANDA RIGHTS VIA AN AGENCY ISSUED PREPRINTED CARD. THE DEFENDANT STATED HE UNDERSTOOD AND WAIVED HIS RIGHTS AND WISHED TO SPEAK WITH ME. THE DEFENDANT STATED THE MARIJUANA WAS HIS AND IT WAS FOR HIS PERSONAL USE. I THEN ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF MARIJUANA UNDER 20 GRAMS AND FOR POSSESSION OF DRUG PARAPHERNALIA. TROY O'NEIL RECEIVED A WRITTEN WARNING FOR UNLAWFUL SPEED OF 73 MILES PER HOUR IN A 55 MILE PER HOUR ZONE. THE DEFENDANT'S VEHICLE WAS TURNED OVER TO TROY O'NEIL WHO WAITED FOR TRANSPORTATION BACK HOME. THE DEFENDANT'S VEHICLE WAS PARKED AT A NEARBY BUSINESS BY TROY O'NEIL. THE DEFENDANT WAS TRANSPORTED WITHOUT INCIDENT TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT'S BOND WAS SET AT $1,000.00 FOR ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE AND $1,000.00 FOR ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA FOR A TOTAL BOND OF $2,000.00, PER THE BOND SCHEDULE. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE MARIJUANA THAT WAS COLLECTED WEIGHED APPROXIMATELY 18.6 GRAMS INCLUDING PACKAGING. THIS WAS LATER TURNED IN TO EVIDENCE. |
