| Probable cause affidavit: |
SUBMITTED BY: SEIBEL, HENRY 8856 (AR07004684) DID UNLAWFULLY AND KNOWINGLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13; DID UNLAWFULLY HAVE IN 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: COCAINE SAID OBJECT BEING A SODA CAN, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147; AND DID KNOWINGLY, WHILE HER OPERATOR'S OR CHAUFFEUR'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE UPON THE HIGHWAYS OF THIS STATE, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). ON 082407 AT APPROXIMATELY 1421 HOURS, OFFICER SEIBEL CONDUCTED A TRAFFIC POST IN THE AREA OF NORTHEAST 8TH AVENUE AND NORTHEAST 5TH STREET, CRYSTAL RIVER. I OBSERVED A BLUE PICK UP TRUCK TRAVEL WESTBOUND ON NORTHEAST 5TH STREET IN EXCESS OF THE POSTED SPEED LIMIT OF 20 MILES PER HOUR (MPH). OFFICER SEIBEL ACTIVATED HAND HELD RADAR AND RECEIVED A SOLID DOPPLER TONE AND A DIGITAL READ OUT OF 42 MPH. THE VEHICLE BEARING NORTH CAROLINA TAG NUMBER, WXJ8198, 1995 CHEVROLET PICK UP WITH ONE OCCUPANT WAS SUBSEQUENTLY STOPPED IN THE PARKING LOT AT 640 NORTHEAST 5TH STREET. OFFICER SEIBEL APPROACHED THE DRIVER/DEFENDANT, MS NICOLE RUSSELL AND ASKED FOR HER DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. AT THAT TIME, THE DEFENDANT STATED THAT SHE DID NOT HAVE A LICENSE AND THAT IT WAS CURRENTLY SUSPENDED. OFFICER SEIBEL ASKED FOR ANOTHER FORM OF IDENTIFICATION, AT WHICH TIME, THE DEFENDANT PRODUCED A STATE OF NORTH CAROLINA IDENTIFICATION CARD. AN FCIC/NCIC CHECK OF THE DEFENDANT, WHO AT THAT TIME IDENTIFIED HERSELF AS MS NICOLE ROSE RUSSELL, WAS SUSPENDED OUT OF NORTH CAROLINA. OFFICER SEIBEL THEN ASKED THE DEFENDANT WHAT IT WAS SUSPENDED FOR. SHE STATED THAT IT WAS FOR FAILURE TO APPEAR. THE DEFENDANT WAS ASKED TO STEP OUT OF THE VEHICLE, AT WHICH TIME, SHE WAS PLACED UNDER ARREST FOR DRIVING WHILE HER LICENSE WAS SUSPENDED (DWLS). THE DEFENDANT WAS PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS ALSO ADVISED OF HER MIRANDA RIGHTS FROM A PREPRINTED CARD. AT THAT TIME, SERGEANT COLEMAN, WHO ARRIVED ON SCENE, CONDUCTED A SEARCH OF THE VEHICLE INCIDENT TO ARREST. SERGEANT COLEMAN LOCATED A PARTIALLY CRUSHED SODA CAN WITH SEVERAL HOLES IN THE MIDDLE. SERGEANT COLEMAN ALSO LOCATED THE DEFENDANT'S PURSE AND INSIDE THE DEFENDANT'S PURSE WAS A SMALL, OFF WHITE, ROCK LIKE SUBSTANCE. SERGEANT COLEMAN FIELD TESTED THE SUBSTANCE, WHICH TESTED POSITIVE FOR THE PRESENCE OF COCAINE. OFFICER SEIBEL ASKED THE DEFENDANT WHAT THE SODA CAN WAS FOR, AT WHICH TIME, SHE STATED TO SMOKE CRACK. AT THAT TIME, THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS TURNED OVER TO DETENTION FACILITY PERSONNEL FOR BOOKING AND PROCESSING. THE DEFENDANT'S TOTAL BOND WAS SET AT $6,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
