| Probable cause affidavit: |
SUBMITTED BY: SEFFERN, JONATHAN 06213 (AR11121319) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY JONATHAN SEFFERN, JUNIOR, A DEPUTY SHERIFF WITH 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: ATTEMPTING TO SEARCH THE DEFENDANT FOR CONTRABAND, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 061711 AT APPROXIMATELY 2333 HOURS WHILE TRAVELING SOUTHBOUND ON SOUTH LECANTO HIGHWAY, I OBSERVED A WHITE IN COLOR DODGE PICK-UP TRUCK ALSO TRAVELING SOUTH IN FRONT OF MY PATROL VEHICLE. I OBSERVED THE PICKUP TRUCK TO RUN COMPLETELY OFF THE ROAD AND ON TO THE SHOULDER, BACK ON TO THE ROAD, INTO THE ON-COMING NORTHBOUND LANE, BACK INTO THE SOUTHBOUND LANE AND HALF WAY OFF OF THE ROAD AND ON TO THE SHOULDER AGAIN. AT THAT TIME, I INITIATED A TRAFFIC STOP UTILIZING ALL EMERGENCY EQUIPMENT ON SOUTH LECANTO HIGHWAY JUST SOUTH OF LEISURE BOULEVARD. UPON MAKING CONTACT WITH THE DRIVER, MR PHILLIP BRYAN, LATER IDENTIFIED AS THE DEFENDANT, I REQUESTED HIS DRIVER'S LICENSE, THE VEHICLE REGISTRATION AND PROOF OF INSURANCE. AT THAT TIME, HE BEGAN TO FUMBLE THROUGH DOCUMENTS AND EVENTUALLY LOCATED HIS DRIVER'S LICENSE AND PROOF OF INSURANCE. THE DEFENDANT STATED HE DID NOT HAVE THE VEHICLE REGISTRATION, THEREFORE, HE WAS UNABLE TO PROVIDE THAT TO ME. I ASKED THE DEFENDANT IF THERE WERE ANY ILLEGAL ITEMS IN THE VEHICLE, SUCH AS GUNS, KNIVES OR NARCOTICS, TO WHICH HE STATED NO AND FURTHER STATED THAT I COULD NOT SEARCH THE VEHICLE, AT WHICH TIME I REQUESTED CANINE DEPUTY VIGGIANO RESPOND TO THE SCENE. I RETURNED TO MY PATROL VEHICLE TO COMPLETE ALL PAPERWORK. UPON THE ARRIVAL OF CANINE DEPUTY VIGGIANO, HE DEPLOYED CANINE CONAN TO CONDUCT AN EXTERIOR SNIFF ON THE VEHICLE. CANINE CONAN ALERTED TO THE PRESENCE OF NARCOTICS ON THE PASSENGER SIDE OF THE VEHICLE. I THEN REQUESTED THE DEFENDANT EXIT THE VEHICLE, which HE DID. I ADVISED THE DEFENDANT TO FACE HIS TRUCK AND PUT HIS HANDS ON THE VEHICLE SO I COULD CONDUCT A PAT DOWN SEARCH OF HIS PERSON. HOWEVER, HE REFUSED AND ADVISED I WAS NOT SEARCHING HIM. AT THAT TIME, I GRABBED THE DEFENDANT'S RIGHT WRIST, ADVISED HIM TO PUT HIS HANDS ON THE VEHICLE AND NOT TO OBSTRUCT/RESIST ME. THE DEFENDANT ATTEMPTED TO PULL HIS ARM AWAY FROM ME, AT WHICH TIME I ATTEMPTED TO PLACE HIM IN HANDCUFFS; HOWEVER, THE DEFENDANT BEGAN SPINNING AND PULLING AWAY FROM ME. SUBSEQUENTLY, I MOVED TO THE RIGHT SIDE OF HIS PERSON, GRABBED HIS RIGHT ARM AND WITH MY LEFT LEG, INITIATED A FRONT LEG SWEEP RESULTING IN THE DEFENDANT FALLING TO THE GROUND, ALLOWING ME TO TAKE CONTROL OF HIM. UPON THE DEFENDANT FALLING TO THE GROUND, I WAS ABLE TO GAIN CONTROL OF BOTH OF HIS ARMS and SECURED HIM IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK. THE DEFENDANT WAS THEN SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS ISSUED WRITTEN WARNING NUMBER 334102B, FOR FAILURE TO MAINTAIN A SINGLE LANE, AND A FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 7509-GJXX, FOR FAILURE TO PROVIDE PROOF OF VEHICLE REGISTRATION. HE WAS CHARGED WITH ONE COUNT OF RESISTING ARREST WITHOUT VIOLENCE AND HIS BOND WAS SET AT $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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
