| Probable cause affidavit: |
SUBMITTED BY: PATTERSON, DEREK 0560 (AR009111088) UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY DEREK PATTERSON OF THE CITRUS COUNTY SHERIFF'S OFFICE, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: CONDUCTING A TRAFFIC STOP FOR RIDING A BICYCLE AT NIGHT WITHOUT Any LIGHTS, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 092209 AT 0138 HOURS, WHILE CONDUCTING ROUTINE PATROL IN THE AREA OF UA HIGHWAY 41 SOUTH AND MOSSY OAK DRIVE, NEAR THE PROBATION AND PAROLE OFFICE, I OBSERVED A WHITE MALE, THE DEFENDANT, RIDING A BICYCLE SOUTHBOUND ON THE SIDEWALK WITHOUT THE REQUIRED HEADLIGHT OR TAIL LIGHT. I ACTIVATED MY OVERHEAD EMERGENCY LIGHTS AND PULLED INTO THE PATH OF THE BICYCLE, LEAVING ADEQUATE ROOM FOR THE BICYCLE TO SAFELY STOP. THE MALE PROCEEDED TO RIDE AROUND MY PATROL VEHICLE AND DID NOT STOP UNTIL I CALLED TO HIM. AT THAT TIME, I EXPLAINED TO THE DEFENDANT THAT I HAD STOPPED HIM FOR RIDING HIS BICYCLE WITHOUT THE REQUIRED LIGHTS, TO WHICH HE REPLIED HE ALWAYS RIDES HIS BICYCLE WITHOUT THE REQUIRED LIGHTS. I EXPLAINED TO THE DEFENDANT THAT IT WAS AGAINST THE LAW TO RIDE THE BICYCLE AT NIGHT WITHOUT LIGHTS. I ASKED THE DEFENDANT IF HE HAD ANY IDENTIFICATION ON HIM, TO WHICH HE REPLIED HE DID NOT CARRY IDENTIFICATION ON HIM BECAUSE THIS WAS NOT NAZI GERMANY. I ASKED THE DEFENDANT HIS NAME, TO WHICH HE REPLIED HE DID NOT HAVE TO TELL ME AND THEN ASKED IF I WAS GOING TO WRITE HIM A TICKET. I EXPLAINED TO THE DEFENDANT THAT I DID NOT ANTICIPATE WRITING HIM A CITATION AND FURTHER EXPLAINED THAT ONE OF MY JOB FUNCTIONS WAS TO ENSURE THAT PEOPLE WERE NOT OUT IN THE MIDDLE OF THE NIGHT BURGLARIZING BUSINESSES, AS THE AREA WHERE I HAD STOPPED THE DEFENDANT HAD EXPERIENCED SEVERAL BURGLARIES IN THE RECENT PAST. THE DEFENDANT THEN BECAME AGITATED AND ASKED ME IF HE LOOKED LIKE A BURGLAR. I ONCE AGAIN ADVISED THE DEFENDANT WHY I HAD STOPPED HIM AND INFORMED HIM THAT HE WAS REQUIRED BY LAW TO IDENTIFY HIMSELF. THE DEFENDANT IDENTIFIED HIMSELF AS "PAUL" BUT REFUSED TO GIVE ME A LAST NAME BECAUSE IT WAS "UNNECESSARY" AND BECAUSE "THIS IS NOT GERMANY." AFTER DEBATING THE ISSUE WITH THE DEFENDANT, HE FINALLY PROVIDED ME WITH A LAST NAME OF "DANTUONO" AND HESITATED WHEN I ASKED HIM TO SPELL IT. DUE TO HIS EVASIVENESS, HESITATION PROVIDING HIS NAME, AND HIS OVERALL NERVOUS DEMEANOR, I FELT IT WAS POSSIBLE THAT THE DEFENDANT WAS PROVIDING ME WITH A FALSE NAME. AT THAT TIME, I ASKED THE DEFENDANT, WHO WAS STILL STANDING WITH HIS BICYCLE IN HIS HANDS, TO HAVE A SEAT ON THE SIDEWALK, TO WHICH HE REPLIED HE WOULD NOT SIT ON THE SIDEWALK. I ATTEMPTED TO ACCOMMODATE HIM AND ASKED HIM TO SIT ON THE BUMPER OF MY PATROL VEHICLE, WHICH HE ALSO REFUSED TO DO. IT SHOULD BE NOTED THAT THE PURPOSE OF ASKING THE DEFENDANT TO SIT WAS TO PERMIT ME TO BACK UP JUST ENOUGH TO RUN HIS NAME THROUGH NCIC/FCIC TO DETERMINE IF HE HAD ANY WARRANTS AND TO CONFIRM THAT HE HAD GIVEN ME THE CORRECT NAME. FAILURE TO HAVE THE DEFENDANT SIT WOULD HAVE MADE IT EASIER FOR HIM TO FIGHT OR TO TAKE FLIGHT. DUE TO THE DEFENDANT'S REFUSAL TO COOPERATE, I INFORMED HIM THAT I WAS GOING TO HANDCUFF HIM FOR MY SAFETY, TO WHICH HE REPLIED THAT I WAS NOT AND THEN PULLED AWAY FROM ME. I REQUESTED ASSISTANCE AND ESCORTED THE DEFENDANT TO THE REAR OF MY PATROL VEHICLE WHERE HE CONTINUED TO RESIST ME PLACING HANDCUFFS ON HIM, ATTEMPTING TO TURN TOWARD ME AND PULL AWAY. AFTER A SHORT STRUGGLE, I WAS ABLE TO SECURE THE DEFENDANT IN HANDCUFFS AND PLACED HIM INTO THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR RESISTING AN OFFICER WITHOUT VIOLENCE. AS I WAS ATTEMPTING TO SPEAK WITH THE DEFENDANT ABOUT HAVING ANOTHER DEPUTY TAKE HIS BICYCLE TO HIS RESIDENCE, THE DEFENDANT ASKED WHAT HE WAS BEING ARRESTED FOR AND WHY. I EXPLAINED TO HIM THAT HE WAS BEING ARRESTED FOR RESISTING BECAUSE HE HAD INITIALLY ARGUED THAT HE DID NOT HAVE TO IDENTIFY HIMSELF, THAT HE HAD REFUSED TO SIT ON THE GROUND OR PATROL VEHICLE, AND THAT HE HAD RESISTED MY EFFORTS TO PLACE HANDCUFFS ON HIM FOR MY SAFETY. THE DEFENDANT REPLIED THAT HE WAS NOT ARGUING ABOUT WHETHER HE HAD TO PROVIDE HIS NAME OR NOT, THAT HE WAS DEBATING THE ISSUE AND THAT I COULD NOT ORDER HIM TO DO ANYTHING AGAINST HIS WILL. THE DEFENDANT WAS SUBSEQUENTLY TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, THE DEFENDANT CONTINUED TO REFUSE TO IDENTIFY HIMSELF TO DETENTION FACILITY STAFF SO THAT HE COULD BE BOOKED IN TO THE DETENTION FACILITY. AFTER SEVERAL ATTEMPTS, THE DEFENDANT FINALLY IDENTIFIED HIMSELF TO DETENTION FACILITY STAFF. THE DEFENDANT'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A WRITTEN WARNING FOR RIDING A BICYCLE AT NIGHT WITHOUT HAVING THE REQUIRED LIGHTING. *NOT-EXEMPT* |
