| Probable cause affidavit: |
SUBMITTED BY: HESSE, BRYAN 0755 (AR16-21487) DID UNLAWFULLY AND KNOWINGLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: APPROXIMATELY FIVE GRAMS OF MARIJUANA IN A CLEAR ZIP LOCK BAGGIE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). DID UNLAWFULLY HAVE IN 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: ROLLING PAPERS WHICH ARE USED TO ROLL MARIJUANA CIGARETTES, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 103116, AT APPROXIMATELY 2145 HOURS, I OBSERVED A BLACK IN COLOR TWO DOOR VEHICLE LEAVE THE HARDEEâS PARKING LOT, IN HOMOSASSA, WITH ONLY ONE OPERABLE HEADLIGHT. AFTER THE VEHICLE TURNED SOUTHBOUND, I BEGAN TO FOLLOW IT AND INITIATED A TRAFFIC STOP BY ACTIVATING MY EMERGENCY LIGHTS ON THE VEHICLE, BEARING FLORIDA LICENSE PLATE DNQX73, WHICH EVENTUALLY STOPPED JUST NORTH OF MCKINLEY STREET ON HIGHWAY 19. I THEN EXITED MY PATROL VEHICLE AND MADE A PASSENGER SIDE APPROACH ON THE VEHICLE. THE MALE DRIVER, LATER IDENTIFIED AS MR GARY BONICK JR, ROLLED DOWN BOTH WINDOWS. AT THAT TIME, I NOTICED MR BONICK AND THE PASSENGER/DEFENDANT, MS RANDI LIVENGOOD, SITTING INSIDE THE VEHICLE. AFTER THE WINDOW WAS ROLLED DOWN, I COULD SMELL A STRONG ODOR OF MARIJUANA. THE INSIDE OVERHEAD LIGHTS OF THE VEHICLE WERE ON, WHICH ALLOWED ME TO OBSERVE A GREEN LEAFY SUBSTANCE IN THE LAP OF MR BONICK, AS WELL AS ON THE DRIVERâS SIDE FLOORBOARD. AT THAT TIME, I ASKED MR BONICK AND MS LIVENGOOD IF THERE WERE ANY DRUGS OR WEAPONS INSIDE THE VEHICLE, TO WHICH MR BONICK STATED NO, BUT THEN CHANGED HIS STATEMENT AND SAID HE HAD A FIREARM LOCATED BEHIND THE PASSENGER SEAT OF THE VEHICLE. AT THAT TIME, MR BONICK REACHED FOR THE FIREARM WITH HIS RIGHT HAND, WHICH PROMPTED ME TO GIVE HIM LOUD VERBAL COMMANDS TO PLACE BOTH OF HIS HANDS OUT OF THE DRIVERâS SIDE WINDOW WHERE THEY COULD BE SEEN. MR BONICK PROCEEDED TO PLACE HIS LEFT HAND OUT OF THE DRIVERâS SIDE WINDOW, BUT THEN USED HIS RIGHT HAND TO REACH TOWARDS WHERE THE FIREARM WAS LOCATED. AT THAT TIME, I DREW MY AGENCY ISSUED FIREARM FROM ITS HOLSTER, POINTED IT DIRECTLY AT MR BONICK, AND GAVE HIM VERBAL COMMANDS TO EXIT THE VEHICLE. AT THAT TIME, MR BONICK COMPLIED AND HE AND MS LIVENGOOD WERE REMOVED FROM THE VEHICLE, DETAINED, AND PLACED IN HANDCUFFS (DOUBLE LOCKED) BEHIND THEIR BACK. DEPUTY COGAR (1306) THEN ARRIVED ON SCENE AND FIELD TESTED THE GREEN LEAFY SUBSTANCE THAT WAS LOCATED ON THE LAP AND FLOORBOARD AREA OF MR BONICK, WHICH TESTED POSITIVE FOR MARIJUANA. DURING A SEARCH OF MS LIVENGOOD, DEPUTY COGAR LOCATED A CLEAR IN COLOR PLASTIC BAGGIE WITH APPROXIMATELY FIVE GRAMS OF THE SAME GREEN LEAFY SUBSTANCE, WHICH WAS ALSO LATER IDENTIFIED AS MARIJUANA. LOCATED BEHIND THE PASSENGER SEAT OF THE VEHICLE WAS A GREEN AND BLACK IN COLOR SPRINGFIELD ARMORY, MODEL 1911-A1, HANDGUN, BEARING SERIAL NUMBER 130392. LOCATED IN THE CENTER CONSOLE OF THE VEHICLE IN REACH OF BOTH OCCUPANTS, WERE SEVERAL PACKAGES OF ROLLING PAPERS, WHICH ARE COMMONLY USED TO ROLL MARIJUANA CIGARETTES, AS WELL AS A SMALL PLASTIC GREEN CONTAINER THAT HAD A STRONG ODOR OF MARIJUANA. THE MARIJUANA PARAPHERNALIA AND GUN WERE COLLECTED AND LATER TURNED IN TO EVIDENCE. MR BONICK AND MS LIVENGOOD WERE ADVISED THAT THEY WERE BEING PLACED UNDER ARREST FOR POSSESSION OF CANNABIS (LESS THAN 20 GRAMS) AND POSSESSION OF DRUG PARAPHERNALIA. MR BONICK AND MS LIVENGOOD WERE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING, WITH A BOND SET AT $1,000.00 FOR POSSESSION OF CANNABIS (LESS THAN 20 GRAMS) AND $1,000.00 FOR POSSESSION OF DRUG PARAPHERNALIA (TOTAL BOND OF $2,000.00 PER THE BOND SCHEDULE). |
