| Probable cause affidavit: |
SUBMITTED BY: RODRIGUEZ, MARCIAL 0301 (AR09112459) knowing HIS driver's license or driving privilege had been cancelled, suspended or revoked, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.34(2) AND UNLAWFULLY AND KNOWINGLY ATTACH TO A MOTOR VEHICLE OR MOBILE HOME, TO-WIT: A 1998 FORD VAN, A LICENSE PLATE OR VALIDATION STICKER TO THE PLATE NOT ISSUED AND ASSIGNED OR LAWFULLY TRANSFERRED TO SUCH VEHICLE, IN VIOLATION OF FLORIDA STATUTE 320.261. ON 121809 AT APPROXIMATELY 1900 HOURS, I WAS STANDING IN THE FRONT YARD OF 7922 EAST RUSTIC TRAIL IN INVERNESS, FACING RUSTIC TRAIL. I DID NOTICE A SET OF HEADLIGHTS ON RUSTIC TRAIL, DRIVING EASTBOUND, WHICH THEN PULLED INTO THE DRIVEWAY OF MY LOCATION. THE VEHICLE WAS A WHITE FULL-SIZED VAN. THE VEHICLE PARKED TO THE WEST OF MY LOCATION, STILL IN THE DRIVEWAY. AS THE VEHICLE PULLED CLOSER TO my LOCATION, I SHINED MY FLASHLIGHT AND NOTICED THERE WAS ONE OCCUPANT WHO WAS LATER IDENTIFIED AS THE DEFENDANT, MR OLLEY FRANKLIN RAMSEY. WE SPOKE BRIEFLY ABOUT AN UNRELATED ISSUE. I THEN RAN THE DEFENDANT'S NAME AND DATE OF BIRTH IN THE DRIVER AND VEHICLE INFORMATION DATABASE WHERE IT SHOWED THE DEFENDANT'S DRIVER'S LICENSE WAS SUSPENDED INDEFINITELY ON 071608 FOR FAILURE TO PAY TRAFFIC FINES; ALSO, A NON-JUDGMENT SUSPENSION ON 092908 FOR FINANCIAL RESPONSIBILITY. NOTICE WAS GIVEN ON THE FAILURE TO PAY TRAFFIC FINES ON 062608. ON THE NON-JUDGMENT SUSPENSION, NOTICE WAS GIVEN ON 082908. I ALSO RAN THE DEFENDANT'S NAME IN FCIC/NCIC WHICH SHOWED THE SAME INFORMATION, REFERENCE BOTH SUSPENSIONS. IT ALSO ADVISED TO SEIZE THE TAG IF THE DRIVER IS THE OWNER OF THE VEHICLE. THE DEFENDANT ATTEMPTED TO LEAVE SEVERAL TIMES, AT WHICH TIME DEPUTY MENDIGUTIA, WHO WAS ALSO ON SCENE, NOTIFIED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST. THE DEFENDANT WAS HANDCUFFED AND PLACED IN THE REAR SEAT OF DEPUTY MENDIGUTIA'S PATROL VEHICLE. AT THAT TIME, I LOOKED AT THE LICENSE PLATE ON THE VEHICLE THE DEFENDANT HAD BEEN DRIVING WHICH READ K493PM. PRIOR TO CHECKING THAT LICENSE PLATE, I REMOVED THE DEFENDANT FROM DEPUTY MENDIGUTIA'S PATROL VEHICLE AND PLACED HIM IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS READ MIRANDA WARNINGS VIA PREPRINTED CARD. THE DEFENDANT STATED HE UNDERSTOOD EACH SPECIFIC RIGHT AS READ, WAIVED HIS RIGHT TO COUNSEL AND AGREED TO SPEAK WITH ME. I ASKED THE DEFENDANT WHY HE WOULD BE OPERATING THE VEHICLE WHEN HIS DRIVER'S LICENSE WAS SUSPENDED. THE DEFENDANT REPLIED "IT IS A PRIVATE ROAD, I DON'T NEED TO HAVE A DRIVER'S LICENSE." I ASKED THE DEFENDANT IF HE KNEW WHY HIS DRIVER'S LICENSE WAS SUSPENDED. HE STATED HE DID NOT PAY A TRAFFIC FINE BECAUSE HE DID NOT HAVE THE MONEY. THE DEFENDANT THEN ASKED IF HE COULD JUST WALK HOME SINCE HE ONLY LIVED DOWN THE ROAD. I EXPLAINED TO THE DEFENDANT THAT HE WAS BEING CHARGED WITH DRIVING WHILE LICENSE SUSPENDED, WHICH HE STATED HE UNDERSTOOD. THE DEFENDANT ASKED SEVERAL MORE TIMES FOR THIS DEPUTY TO LOOK THE OTHER WAY AND LET HIM WALK HOME. I ASKED THE DEFENDANT IF THE VEHICLE HE DROVE TO THE RESIDENCE IN WAS HIS, DUE TO THE FCIC NOTATION TO SEIZE THE TAG. THE DEFENDANT STATED THE TAG WAS HIS, THEN BEGAN TO MUMBLE, STATING HE PURCHASED THE VEHICLE BUT IT WAS NOT REGISTERED AT THIS TIME. I ASKED THE DEFENDANT WHAT HE MEANT ABOUT THE TAG BEING HIS. HE STATED HE PLACED THE TAG ON THE VAN SO HE COULD DRIVE IT. I THEN ASKED THE DEFENDANT WHY HE WOULD NEED TO PLACE A TAG ON THE VAN IF HE ONLY USED IT TO DRIVE AROUND THE NEIGHBORHOOD IF TRAFFIC LAWS IN THE STATE OF FLORIDA COULD NOT BE UPHELD ON THIS PRIVATE ROAD. THE DEFENDANT STATED "LETS JUST GO, I HAVE TO USE THE BATHROOM." THE TAG NUMBER ON THE VEHICLE SHOULD APPEAR ON A 1994 GRAY TOYOTA PICKUP AND NOT A 1998 WHITE FORD VAN. SAID TAG HAD AN EXPIRATION DATE OF 013109. THE DEFENDANT WAS SEAT BELTED IN MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS HELD ON A BOND OF $500.00 FOR THE CHARGE OF DRIVING WHILE LICENSE SUSPENDED AND A BOND OF $150.00 FOR THE CHARGE OF ATTACHED TAG NOT ASSIGNED. WHILE AT THE DETENTION FACILITY, IT WAS DISCOVERED THAT THE DEFENDANT HAD A GPS TRACKING MONITOR AFFIXED TO HIS ANKLE. CONTACT WAS MADE WITH THE CAREER CRIMINAL UNIT'S ON-CALL DETECTIVE WHO ADVISED TO REMOVE THE GPS UNIT FROM THE DEFENDANT'S ANKLE. IT SHOULD BE NOTED THE GPS MONITORING SYSTEM WAS IN USE ON THE DEFENDANT ON UNRELATED ISSUES. THE DEFENDANT WAS ISSUED CITATION NUMBER 1587-FYA8, FOR DWLS/R WITH A COURT DATE TO BE SET. HE WAS ALSO ISSUED CITATION NUMBER 1588-FYA9, FOR ATTACHED TAG NOT ASSIGNED. BOTH CITATIONS HAD A COURT APPEARANCE DATE OF 011410 AT 1300 HOURS. *NOT-EXEMPT* |
