| Probable cause affidavit: |
SUBMITTED BY: MARSHALL, EVAN 1336 (AR15-17190) DID UNLAWFULLY AND KNOWINGLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: ONE SMALL CLEAR AND BLUE PLASTIC BAG CONTAINING APPROXIMATELY 1.5 GRAMS OF CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B), AND DID UNLAWFULLY HAVE IN HIS/HER 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: ONE CLEAR GLASS PIPE WITH MARIJUANA RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.147(1). ON 111015, I WAS DISPATCHED TO 599 SOUTH STONEWAY DRIVE IN INVERNESS, DUNKIN DONUTS, TO BACK UP SERGEANT (SGT) CALLAHAN (0643) WHO WAS OUT WITH A SUSPICIOUS PERSON. UPON GOING ON SCENE, I OBSERVED A FEMALE LATER IDENTIFIED AS THE DEFENDANT, MS NICOLE MARIE HOGAN, TO BE SEATED ON THE CURB IN HANDCUFFS. SGT CALLAHAN INFORMED ME THAT HE WAS IN THE DRIVE THROUGH OF DUNKIN DONUTS WHEN HE OBSERVED A WHITE JEEP IN FRONT OF HIM WITH THREE PEOPLE IN IT APPEARING TO BE IN A VERBAL DISTURBANCE. HE THEN OBSERVED THE DEFENDANT WHO WAS SITTING IN THE BACK SEAT TO BE THROWING CHANGE AND MONEY INTO THE DRIVE THROUGH WINDOW AGGRESSIVELY. AS SGT CALLAHAN PULLED UP TO THE WINDOW AFTER THE JEEP PULLED AROUND THE BUILDING THE MANAGER OF DUNKIN DONUTS INFORMED SGT CALLAHAN THAT THE DEFENDANT WAS A PAST EMPLOYEE OF THE BUSINESS AND THAT THEY WOULD LIKE HER OFF THE PROPERTY. SGT CALLAHAN INFORMED ME THAT HE THEN PULLED AROUND TO THE FRONT OF THE BUILDING AND MADE CONTACT WITH THE OCCUPANTS OF THE JEEP. SGT CALLAHAN SPOKE WITH THE DRIVER, MR DANIEL BUTEAU, FRONT PASSENGER MR STEVEN BUTEAU, AND THE DEFENDANT REAR PASSENGER MS NICOLE HOGAN. SGT CALLAHAN ASKED ALL THREE OCCUPANTS OF THE VEHICLE IF THEY MINDED PROVIDING HIM WITH IDENTIFICATION, IN WHICH ALL OCCUPANTS DID SO. SGT CALLAHAN INFORMED ME AFTER RUNNING THE DEFENDANT ON TELETYPE HE FOUND THAT SHE WAS ON PROBATION FOR BATTERY ON LAW ENFORCEMENT OFFICER AND ALSO THAT THE TWO OTHER OCCUPANTS OF THE VEHICLE HAD VIOLENT CRIMINAL HISTORIES. SGT CALLAHAN INFORMED ME DUE TO THE POSSIBLY THERE COULD BE WEAPONS IN THE VEHICLE, HE ASKED THE DEFENDANT AND OTHER TWO OCCUPANTS IF HE COULD SEARCH THE VEHICLE, IN WHICH ALL THREE PARTIES CONSENTED. SGT CALLAHAN INFORMED ME THAT THE DEFENDANT MADE THE SPONTANEOUS UTTERANCE THAT SHE HAD A BAG OF WEED AND A BOWL COMMONLY REFERRED TO AS A MARIJUANA PIPE IN HER PURSE. SGT CALLAHAN OBSERVED IN THE DEFENDANTâS PURSE, WHICH WAS LOCATED ON THE REAR SEAT WHERE SHE WAS SITTING, A CLEAR MARIJUANA SMOKING PIPER WITH MARIJUANA RESIDUE IN IT. AT THAT TIME SGT CALLAHAN DETAINED THE DEFENDANT AND PLACED HER IN HANDCUFFS SEATING HER ON THE CURB. I THEN ARRIVED ON SCENE AND CONTINUED A SEARCH OF THE VEHICLE, IN WHICH I FOUND A SMALL CLEAR AND BLUE PLASTIC BAGGIE OF MARIJUANA ON THE REAR FLOORBOARD WHERE THE DEFENDANT WAS SITTING. THE SMALL BAGGIE OF MARIJUANA WEIGHTED APPROXIMATELY 1.5 GRAMS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST AND TRANSPORTED TO JAIL FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH ONE COUNTY POSSESSION OF MARIJUANA LESS THAN 20 GRAMS AND ONE COUNT POSSESSION OF DRUG PARAPHERNALIA. THE DEFENDANTâS TOTAL BOND WAS SET AT $2,000.00, PER THE BOND SCHEDULE. THE SMALL BAG OF MARIJUANA, AS WELL AS USED MARIJUANA SMOKING PIPE WAS COLLECTED AND TURNED IN TO EVIDENCE. |
