| Probable cause affidavit: |
SUBMITTED BY: HINDERHOFER, EDWARD 0667 (AR12-3100) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CRACK COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A): ON 101112 AT APPROXIMATELY 0115 HOURS, I WAS TRAVELLING SOUTHBOUND ON NE 8TH AVENUE IN CRYSTAL RIVER, WHEN I OBSERVED A SILVER MERCURY TRAVELLING SOUTHBOUND IN FRONT OF ME. I OBSERVED THE VEHICLE CROSS OVER THE DOUBLE YELLOW LINE CROSSING INTO THE NORTHBOUND LANE OF TRAFFIC. I INITIATED A TRAFFIC STOP AT THE INTERSECTION OF NE 8TH AVENUE AND NE 1ST STREET, WHEN THE VEHICLE PULLED INTO THE DRIVEWAY OF 806 NE 1ST STREET. AS I EXITED MY PATROL VEHICLE, I OBSERVED A WHITE FEMALE PASSENGER LATER IDENTIFIED AS DEFENDANT MARY SANCHER, AND A BLACK MALE DRIVER, LATER IDENTIFIED AS DEFENDANT PATRICK JOHNSON, BOTH EXIT THE VEHICLE. I YELLED TO DEFENDANT JOHNSON TWICE TO GET BACK IN THE VEHICLE, WHILE ALSO SHINING MY FLASHLIGHT AT HIM. DEFENDANT JOHNSON CONTINUED TO WALK TOWARDS THE RESIDENCE AND STATED “I LIVE HERE AND I NEED TO GO USE THE BATHROOM”. I DREW MY AGENCY ISSUED TASER, TURNED IT ON AND POINTED THE LASER AT THE ABDOMEN AREA OF DEFENDANT JOHNSON. I ADVISED DEFENDANT JOHNSON TO GET BACK IN THE VEHICLE OR HE WOULD BE TASED. DEFENDANT JOHNSON SAID “OK” AND WALKED BACK TO THE VEHICLE DRIVER’S DOOR. AS HE WAS GETTING BACK IN THE VEHICLE, I OBSERVED HIM OPEN HIS CLOSED FIST AND IT APPEARED THAT HE HAD DISCARDED SOMETHING UNDERNEATH THE VEHICLE. I ADVISED DEFENDANT JOHNSON TO PLACE HIS HANDS ON THE STEERING WHEEL AS I WAITED FOR A BACK UP DEPUTY. I OBSERVED THE PASSENGER, DEFENDANT SANCHER, GET BACK IN THE VEHICLE ON THE PASSENGER SIDE AND SAT ON THE SEAT DESPITE HAVING NOT BEEN ORDERED TO DO SO. DEPUTY PERUCHE ARRIVED ON SCENE. I ASKED DEFENDANT JOHNSON TO STEP OUT OF THE VEHICLE AND PUT HIS HANDS ON TOP OF THE VEHICLE. I ASKED HIM IF HE HAD ANYTHING ILLEGAL SUCH AS DRUGS OR WEAPONS ON HIS PERSON OR IN THE VEHICLE. HE REPLIED THAT HE DID NOT AND THAT I COULD SEARCH HIM AND HIS VEHICLE. DUE TO HIS PREVIOUS MOVEMENTS, DEFENDANT JOHNSON WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, WHILE A SEARCH WAS CONDUCTED. I LOCATED UNDER THE VEHICLE, JUST OUTSIDE THE DRIVER’S SIDE DOOR; A PLASTIC CIGARETTE WRAPPER CONTAINING WHAT I BELIEVED THROUGH MY TRAINING AND EXPERIENCE TO BE CRACK COCAINE. DEFENDANT JOHNSON WAS READ HIS MIRANDA WARNING VIA A PRE-PRINTED CARD AND HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH ME. I SHOWED HIM THE COCAINE THAT I LOCATED UNDER THE VEHICLE AND ASKED HIM WHERE HE HAD OBTAINED IT, TO WHICH HE REPLIED THAT IT WAS NOT HIS AND THAT HE DID NOT KNOW ANYTHING ABOUT IT. I THEN APPROACHED THE PASSENGER, DEFENDANT SANCHER, AND ASKED HER TO STEP OUT OF THE VEHICLE. I ASKED HER IF SHE HAD ANY IDENTIFICATION AND SHE REPLIED THAT SHE DID NOT. SHE THEN PRODUCED A WRITTEN WARNING THAT SHE HAD BEEN GIVEN EARLIER, WHICH SHOWED HER INFORMATION ON IT. I ADVISED HER THAT I WOULD BE RIGHT BACK WITH HER AND THAT SHE COULD SIT IN THE VEHICLE IF SHE WISHED. I THEN SECURED DEFENDANT JOHNSON IN THE BACK SEAT OF MY PATROL VEHICLE. I AGAIN APPROACHED DEFENDANT SANCHER AND ASKED HER IF SHE HAD ANYTHING ILLEGAL SUCH AS DRUGS OR WEAPONS ON HER PERSON. SHE REPLIED THAT SHE DID NOT AND SHE ALSO PULLED OUT THE POCKETS OF HER SHORTS TO SHOW THAT SHE DID NOT HAVE ANYTHING IN THEM. I THEN ASKED HER IF SHE HAD ANYTHING ILLEGAL IN HER BRA, TO WHICH SHE REPLIED THAT SHE DID NOT. I ASKED HER IF SHE DID NOT MIND PULLING HER BRA AWAY FROM HER BODY WITHOUT EXPOSING HERSELF. I THEN OBSERVED WHAT APPEARED TO BE A PIECE OF CRACK COCAINE FALL TO THE GROUND FROM UNDER HER SHIRT. DEPUTY PERUCHE ATTEMPTED TO HANDCUFF MS SANCHER, AT WHICH TIME, SHE BEGAN YELLING “THAT AIN’T MINE”. I THEN OBSERVED DEFENDANT SANCHER STEP ON THE PIECE OF COCAINE WITH HER FOOT PUSHING IT INTO THE DIRT. I THEN OBSERVED A SECOND OBJECT, WHICH ALSO APPEARED TO BE CRACK COCAINE, FALL TO THE GROUND FROM UNDERNEATH HER SHIRT. SHE AGAIN STEPPED ON THAT PIECE ALSO PUSHING IT INTO THE DIRT WITH HER FOOT. SHE WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND SECURED IN THE REAR SEAT OF DEPUTY PERUCHE’S PATROL VEHICLE. DEPUTY PERUCHE AND I WERE ABLE TO LOCATE THE TWO PIECES OF CRACK COCAINE IN THE DIRT. THE PIECES OF WHAT APPEARED TO BE CRACK COCAINE THAT WERE FOUND AND THE BOTTOM OF DEFENDANT SANCHER’S SANDALS, AS WELL AS, THE PIECES IN THE CIGARETTE WRAPPER WERE ALL SEPARATELY FIELD TESTED AND TESTED POSITIVE FOR COCAINE. BOTH DEFENDANTS WERE ADVISED THAT THEY WERE BEING PLACED UNDER ARREST AND BOTH TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. ALL DRUGS WERE LATER TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION ALONG WITH A PROPERTY RECEIPT. BOTH THE DRUGS TAKEN FROM DEFENDANT SANCHER AND THE DRUGS TAKEN FROM DEFENDANT JOHNSON WEIGHED APPROXIMATELY .3 GRAMS. DEFENDANT JOHNSON’S BOND WAS SET AT $5,000.00 PER THE BOND SCHEDULE. DEFENDANT JOHNSON WAS ISSUED A CITRUS COUNTY SHERIFF'S OFFICE (CCSO) WARNING CITATION NUMBER 357593B FOR FAILURE TO MAINTAIN A SINGLE LANE. |
