| Probable cause affidavit: |
SUBMITTED BY: SEFFERN, JONATHAN JR 0623 (AR10117556) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: GREATER THAN 20 GRAMS OF CANNABIS, IN VIOLATION OF FLORIDA'S STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: OXYCODONE 30 MG SCHEDULE 2, IN VIOLATION OF FLORIDA'S STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: SOMA 350 MG SCHEDULE 4, IN VIOLATION OF FLORIDA'S STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN HIS 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 SCALE AND ROLLING PAPERS, IN VIOLATION OF FLORIDA'S STATE STATUTE 893.147(1). ON 102410 WHILE CONDUCTING TRAFFIC ENFORCEMENT IN THE AREA OF HOMOSASSA, I OBSERVED A VEHICLE TRAVELING NORTHBOUND, TO HAVE AN INOPERABLE DRIVER'S SIDE HEADLIGHT. I TURNED MY PATROL VEHICLE AROUND TO CONDUCT A TRAFFIC STOP TO the OBSERVED VEHICLE. UPON CATCHING UP WITH THE VEHICLE, I INITIATED THE TRAFFIC STOP UTILIZING ALL THE EMERGENCY EQUIPMENT AT the INTERSECTION OF S SUNCOAST BOULEVARD AND WEST OZELLO TRAIL. UPON MAKING CONTACT WITH THE DRIVER/DEFENDANT, MR RANDALL SPEARS, I ADVISED HIM THE REASON FOR THE TRAFFIC STOP, AN INOPERABLE DRIVER'S SIDE HEADLIGHT. I THEN REQUESTED HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE, TO WHICH HE REPLIED "DO YOU REALLY NEED ALL OF THAT OVER A HEADLIGHT". THE DEFENDANT EVENTUALLY PROVIDED ME WITH ALL THE DOCUMENTS REQUESTED. PRIOR TO RETURNING TO MY PATROL VEHICLE, I ASKED THE DEFENDANT IF THERE WAS ANYTHING ILLEGAL INSIDE THE VEHICLE I SHOULD KNOW ABOUT SUCH AS GUNS, KNIVES OR NARCOTICS, AT WHICH TIME HE BECAME EXTREMELY FIDGETY AND NERVOUS. THE DEFENDANT BEGAN LOOKING AROUND HIS VEHICLE WHILE STATING NO, THERE WAS NOTHING INSIDE OF HIS VEHICLE. I THEN ASKED THE DEFENDANT IF HE would PROVIDE CONSENT TO CONDUCT A SEARCH OF HIS VEHICLE AT THE END OF THE TRAFFIC STOP, AT WHICH TIME, HE AGAIN STATED "YOU WANT TO SEARCH MY VEHICLE ALL OVER A HEADLIGHT". I THEN ASKED THE DEFENDANT IF A K-9 NARCOTIC DETECTION DOG WAS WALKED AROUND THE VEHICLE, would HE ALERT TO THE ODOR OF NARCOTICS, AT WHICH TIME THE DEFENDANT STATED "MAN, I GOT A BAG OF WEED". THE DEFENDANT THEN ASKED ME IF HE SHOULD HAND IT TO ME, TO WHICH I REPLIED "IF YOU WOULD LIKE TO, YOU CAN." the DEFENDANT FREELY HANDED TO ME A BLUE KOOZY CONTAINING A PACK OF CIGARETTE ROLLING PAPERS AND A CLEAR PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE, WHICH I WAS ABLE TO IDENTIFY AS MARIJUANA DUE TO MY TRAINING AND EXPERIENCE. THE DEFENDANT WAS THEN REQUESTED TO EXIT HIS VEHICLE. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED) AND SECURED IN THE REAR OF MY PATROL VEHICLE. AN ADDITIONAL SEARCH OF THE DEFENDANT'S VEHICLE WAS CONDUCTED WHERE I LOCATED ONE OXYCODONE 30 MG PILL AND ONE SOMA 350MG PILL IN A CLEAR PLASTIC CELLOPHANE WRAPPER INSIDE A CIGARETTE PACK IN THE DRIVER'S SIDE DOOR PANEL WHERE I OBSERVED THE DEFENDANT PREVIOUSLY REMOVE THE BLUE KOOZY FROM WHICH CONTAINED THE MARIJUANA. I ALSO LOCATED A CLEAR TUPPERWARE BOWL ON THE PASSENGER'S SIDE OF THE VEHICLE WHICH CONTAINED A SCALE AND REMNANTS OF MARIJUANA. POISON CONTROL WAS CONTACTED WHERE I SPOKE WITH ROBIN WHO IDENTIFIED THE TWO PILLS LOCATED INSIDE THE VEHICLE AS A OXYCODONE 30 MG PILL SCHEDULE 2 AND A SOMA 350 MG PILL SCHEDULE 4. THE DEFENDANT'S VEHICLE WAS TOWED BY GREG'S TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE MARIJUANA WAS REMOVED FROM THE CLEAR PLASTIC BAG AND WEIGHED ON A CITRUS COUNTY SHERIFF'S OFFICE CERTIFIED SCALE, WHICH INDICATED A WEIGHT OF 21.1 GRAMS. THE MARIJUANA WAS THEN RETURNED TO THE CLEAR PLASTIC BAGGIE IT WAS ORIGINALLY CONTAINED IN AND PACKAGED TO BE TURNED IN TO EVIDENCE. the DEFENDANT WAS ISSUED WARNING NUMBER 304262B FOR INOPERABLE DRIVER'S SIDE HEADLIGHT. the DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 3300GJX2 FOR FELONY POSSESSION OF A CONTROLLED SUBSTANCE WHILE IN PHYSICAL CONTROL OF A MOTOR VEHICLE IN VIOLATION OF FLORIDA STATE STATUTE 893.13 WHICH CARRIES A MANDATORY COURT APPEARANCE OF 111810 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. the DEFENDANT WAS THEN CHARGED WITH THREE COUNTS OF POSSESSION OF A CONTROLLED SUBSTANCE AND ONE COUNT OF POSSESSION OF PARAPHERNALIA FOR A TOTAL BOND OF $15,500.00 PER THE BOND SCHEDULE. I COMPLETED A CITRUS COUNTY SHERIFF'S OFFICE PROPERTY RECEIPT WHICH WAS SIGNED BY the DEFENDANT FURTHER INDICATING OWNERSHIP OF THE NARCOTICS. "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* |
