| Probable cause affidavit: |
SUBMITTED BY: LAKATIS, KENNETH 0585 (AR16-18512) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS WEIGHING OVER 20 GRAMS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). 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: A GLASS WATER PIPE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 030416, AT APPROXIMATELY 1844 HOURS, I OBSERVED A FOUR-DOOR WHITE VEHICLE BEARING FLORIDA LICENSE PLATE NUMBER G287PZ TRAVELING WEST ON STATE ROAD 44 WITH INOPERABLE BRAKE LIGHTS AS WELL AS THE PASSENGER OF THE VEHICLE NOT WEARING A SAFETY BELT. I CONDUCTED A TRAFFIC STOP ON THE VEHICLE AT 639 NORTHEAST HIGHWAY 19 IN CRYSTAL RIVER. I MADE CONTACT WITH THE DRIVER OF THE VEHICLE, MR JIMMY RITCHIE, AND THE PASSENGER OF THE VEHICLE, DEFENDANT, MR PATRICK PEARSON. I EXPLAINED TO THE DRIVER WHY I HAD PULLED HIM OVER AND ASKED FOR HIS DRIVER'S LICENSE AS WELL AS THE PASSENGER'S IDENTIFICATION. WHILE THE DRIVER WAS PRODUCING THAT INFORMATION, I SMELLED A STRONG ODOR OF MARIJUANA EMITTING FROM THE VEHICLE. I RETURNED TO MY VEHICLE AND PREPARED A WRITTEN WARNING AND AWAITED BACKUP. ONCE BACKUP ARRIVED, I AGAIN MADE CONTAC WITH THE DRIVER AND ISSUED HIM A WRITTEN WARNING FOR THE BRAKE LIGHT. I THEN EXPLAINED TO HIM I COULD SMELL THE ODOR OF MARIJUANA EMITTING FROM THE VEHICLE, WHICH WOULD GIVE ME PROBABLE CAUSE TO SEARCH. I ASKED HIM IF HE HAD ANY MARIJUANA ON HIM. HE STATED NO; HOWEVER, HE INDICATED THAT THE PASSENGER, DEFENDANT PEARSON, DID. THE DEFENDANT ADVISED ME HE HAD AN OUNCE OF MARIJUANA IN A GREEN BOOK BAG THAT WAS SITTING BETWEEN HIS LEGS ON THE FLOORBOARD. I RETRIEVED THE BOOK BAG AND OPENED IT WHERE I DISCOVERED A ZIPLOC BAGGING CONTAINING APPROXIMATELY 28 GRAMS OF MARIJUANA AND A GLASS WATER PIPE. I ALSO FOUND A SMALL RUBBER CYLINDER CONTAINING BUTANE HASH OIL MADE FROM MARIJUANA. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR POSSESSION OF MARIJUANA. HE WAS READ HIS MIRANDA RIGHTS VIA AN AGENCY PREPRINTED CARD. POST MIRANDA, THE DEFENDANT STATED THAT THE MARIJUANA BELONGED TO HIM AND NOT TO THE DRIVER AND THAT HE SOMETIMES SELLS SMALL AMOUNTS BECAUSE HE WAS UNEMPLOYED. HE ALSO ADMITTED THAT THE OIL AND THE PIPE WERE HIS AS WELL. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $2,000.00 FOR ONE COUNT OF POSSESSION OF CANNABIS OVER 20 GRAMS AND $500.00 FOR ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA, PER THE SCHEDULE. THE CONTRABAND WAS LATER TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. |
