| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR11122847) did then and there unlawfully carry a concealed weapon or electric weapon or device on or about HIS person, to wit: A GRAY AND BLACK SMITH AND WESSON HANDGUN, SERIAL NUMBER PBB5632, WITH ONE ROUND IN THE CHAMBER AND EIGHT ROUNDS IN THE MAGAZINE, WHICH WAS UNDERNEATH HIS SEAT IN THE VEHICLE, in violation of Florida STATE Statute 790.01(2). 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: A BLUE PIPE WITH A BURNT BRILLO PAD IN THE END, WHICH IS KNOWN TO ME TO BE USED FOR SMOKING CRACK COCAINE, WHICH WAS IN THE DEFENDANT'S POSSESSION WHILE HE WAS TRYING TO HIDE IT ON THE DRIVER'S SIDE OF THE VEHICLE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 092211 AT APPROXIMATELY 0013 HOURS WHILE ON PATROL IN THE AREA OF WEST HOMOSASSA TRAIL AND ROSEDALE AVENUE, I OBSERVED A SMALL GRAY FOUR DOOR VEHICLE TURNING WEST BOUND ON WEST HOMOSASSA TRAIL OFF OF ROSEDALE AVENUE. WHEN THE VEHICLE MADE THE LEFT HAND TURN, IT ABRUPTLY TURNED BACK RIGHT HEADING EAST IN THE WEST BOUND LANE OF HOMOSASSA TRAIL. I CONDUCTED A TRAFFIC STOP ON SAID VEHICLE IN THE AREA OF WEST HOMOSASSA TRAIL AND SOUTH COLEMAN AVENUE. I THEN MADE CONTACT WITH THE DRIVER OF THE VEHICLE, MR ANTHONY GIOIA, AND ADVISED HIM OF WHY I HAD STOPPED HIM TO WHICH HE ADVISED "SHE TOLD ME TO TURN RIGHT AND I ACCIDENTLY TURNED LEFT SO I WAS JUST TRYING TO CORRECT MYSELF". THE DEFENDANT APPEARED TO BE NERVOUS AND HAD A DIFFICULT TIME TAKING HIS DRIVER'S LICENSE OUT OF HIS WALLET. AT THAT TIME, I WENT BACK TO MY PATROL VEHICLE AND CONDUCTED A RECORDS CHECK ON MR GIOIA'S DRIVER'S LICENSE AND ASKED FOR K-9 DEPUTY VIGGIANO TO RESPOND TO MY LOCATION. DEPUTY VIGGIANO RESPONDED TO MY LOCATION AND CONDUCTED A WALK ON THE VEHICLE AND DID GET A HIT ON BOTH THE DRIVER'S SIDE DOOR AND THE DRIVER'S SIDE REAR DOOR. REFERENCE K-9 DEPUTY VIGGIANO'S SUPPLEMENT. AT THIS TIME, WE HAD MR GIOIA STEP OUT OF THE VEHICLE AND ASKED HIM IF HE HAD ANY WEAPONS OR NARCOTICS IN THE VEHICLE TO WHICH HE STATED NO HE DID NOT AND HE DID GIVE CONSENT TO SEARCH. AT THIS TIME, THERE WAS A SECOND PASSENGER IN THE REAR OF THE VEHICLE, WHO WAS ID AS MS KRISTY RICHARDS, WHO ALSO STEPPED OUT OF THE VEHICLE. AS DEPUTY VIGGIANO APPROACHED THE DEFENDANT, WHO WAS SITTING IN THE FRONT PASSENGER SEAT, HE OBSERVED THE DEFENDANT STUFFING A BLUE PIPE BETWEEN THE DRIVER'S SIDE SEAT AND THE MIDDLE CONSOLE WITH A BLUE HANDICAP PLACARD. AT THIS TIME, DEPUTY VIGGIANO HAD THE DEFENDANT STEP OUT OF THE VEHICLE AND STEP BACK TO THE FRONT OF MY PATROL VEHICLE. DEPUTY VIGGIANO THEN RETRIEVED THE BLUE CRACK PIPE WHICH HAD A BURNT BRILLO PAD IN THE END OF IT AND IS KNOWN TO YOUR AFFIANT AS BEING USED TO SMOKE CRACK COCAINE. DEPUTY VIGGIANO THEN REACHED UNDER THE FRONT PASSENGER SIDE SEAT AND LOCATED A BLACK AND GRAY SMITH AND WESSON HANDGUN. THERE WAS A MAGAZINE NEXT TO THE HANDGUN THAT HAD EIGHT ROUNDS OF AMMUNITION. DEPUTY VIGGIANO THEN CHECKED THE HANDGUN TO SEE IF THERE WAS A ROUND IN THE CHAMBER WHICH THERE WAS. AT THIS POINT, THE DEFENDANT SPONTANEOUSLY UTTERED "THAT'S MY GUN AND I TOOK THE AMMO OUT OF IT". AT THIS POINT, THE DEFENDANT WAS PLACED UNDER ARREST FOR CARRYING A CONCEALED WEAPON AND POSSESSION OF DRUG PARAPHERNALIA. WHILE PLACING THE DEFENDANT IN THE BACK OF MY PATROL VEHICLE, HE AGAIN STATED "I TOOK THE MAGAZINE OUT. I THOUGHT THE GUN WAS EMPTY". THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WITH NO FURTHER INCIDENT. THE DRIVER OF THE VEHICLE, MR GIOIA, WAS ISSUED TWO WRITTEN WARNINGS. ONE FOR IMPROPER RIGHT TURN AND ONE FOR FAILURE TO CHANGE HIS ADDRESS ON HIS DRIVER'S LICENSE. THE HANDGUN AND THE AMMUNITION AS WELL AS THE PIPE WILL BE PLACED IN TO EVIDENCE. A RECORDS CHECK ON THE DEFENDANT THROUGH TELETYPE SHOWED THE DEFENDANT TO NOT POSSESS A CARRY AND CONCEALED WEAPONS PERMIT. THE DEFENDANT'S BOND WAS SET AT $1,500.00 PER THE BOND SCHEDULE. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
