| Probable cause affidavit: |
SUBMITTED BY: HAYNES, TRAVIS 0546 (AR11122211) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: XANAX, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A) AND DID, KNOWING HIS DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2). ON 081211 AT APPROXIMATELY 2340 HOURS WHILE TRAVELING NORTH ON NORTH LECANTO HIGHWAY NEAR WEST HORACE ALLEN STREET, I OBSERVED A VEHICLE TRAVELING SOUTHBOUND IN FRONT OF ME AT A HIGH RATE OF SPEED. I ACTIVATED MY DECATUR ELECTRONICS RADAR AND OBSERVED A SPEED OF 77 MILES PER HOUR (MPH) IN A POSTED 40 MPH SPEED ZONE. AFTER PASSING THE VEHICLE, I MADE A U-TURN AND BEGAN CATCHING UP TO THE VEHICLE. AS SOON AS I DID THIS, THE VEHICLE SLOWED AND PULLED OVER ON THE WEST SIDE OF THE ROAD. WHEN I APPROACHED THE VEHICLE, I ACTIVATED MY OVERHEAD LIGHTS AND INITIATED A TRAFFIC STOP. THE DRIVER, LATER IDENTIFIED AS MR RANDY WOLFORD, IMMEDIATELY GOT OUT OF THE VEHICLE, THEN LEANED BACK INTO THE VEHICLE, THEN STOOD OUTSIDE OF HIS DOOR, WAITING FOR THIS DEPUTY. I MADE CONTACT WITH MR WOLFORD AT HIS VEHICLE, AT WHICH TIME I MADE HIM SIT BACK IN HIS VEHICLE AND CLOSE THE DOOR. I EXPLAINED TO MR WOLFORD WHY I HAD STOPPED HIM AND OBTAINED HIS DRIVER'S LICENSE, THE VEHICLE REGISTRATION AND PROOF OF INSURANCE. I ASKED MR WOLFORD IF HE HAD A GOOD DRIVING RECORD AND HE STATED THAT HE HAD A COUPLE OF FINES HE HAD NOT PAID YET AND HAD RECEIVED APPROXIMATELY TWO WEEKS AGO. I RETURNED TO MY PATROL VEHICLE AND REQUESTED CANINE DEPUTY VIGGIANO RESPOND AS I KNEW HE WAS IN THE AREA. WHILE WAITING FOR CANINE DEPUTY VIGGIANO, I DETERMINED THAT MR WOLFORD HAD A SUSPENDED, BUSINESS PURPOSES ONLY, DRIVER'S LICENSE. MR WOLFORD'S DRIVER'S LICENSE WAS SUSPENDED FOR FAILING TO PAY FOUR DIFFERENT CITATIONS WITHIN THE PAST MONTH. CANINE DEPUTY VIGGIANO ARRIVED ON SCENE AND HE AND CANINE CONAN CONDUCTED AN EXTERIOR SNIFF ON MR WOLFORD'S VEHICLE. CANINE DEPUTY VIGGIANO ADVISED THAT CANINE CONAN HAD ALERTED TO THE ODOR OF NARCOTICS COMING FROM MR WOLFORD'S VEHICLE. I ASKED MR WOLFORD TO STEP OUT OF HIS VEHICLE AND HE WAS PLACED UNDER ARREST FOR DRIVING WHILE LICENSE SUSPENDED, KNOWINGLY. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. CANINE DEPUTY VIGGIANO MADE CONTACT WITH MR WOLFORD'S PASSENGER/GIRLFRIEND, MS KATRINA PIECHOCKI, AND HAD HER EXIT THE VEHICLE. CANINE DEPUTY VIGGIANO BEGAN SEARCHING THE PASSENGER SIDE OF THE VEHICLE AND LOCATED SEVEN YELLOW XANAX BARS INSIDE OF A CLEAR CELLOPHANE CIGARETTE WRAPPER. THE XANAX BARS WERE LOCATED BESIDE THE PASSENGER SEAT, NEAR THE PASSENGER DOOR. AT THAT TIME, CANINE DEPUTY VIGGIANO SECURED MS PIECHOCKI IN HANDCUFFS FOR INVESTIGATIVE PURPOSES. UPON QUESTIONING MS PIECHOCKI, SHE ADVISED THAT WHEN MR WOLFORD WAS BEING PULLED OVER, HE THREW SOMETHING AT HER, JUMPED OUT OF HIS VEHICLE AND BEGAN DIGGING IN HIS POCKETS. SHE COULD NOT ADVISE WHETHER THE ITEM MR WOLFORD HAD THROWN AT HER WAS OR WAS NOT THE CELLOPHANE CIGARETTE CONTAINING THE XANAX PILLS; HOWEVER, DUE TO the LOCATION OF THE XANAX PILLS, BESIDE THE SEAT OUT IN THE OPEN, IT WAS NOT FEASIBLE THEY COULD HAVE BEEN SITTING THERE THAT LONG WITHOUT A PASSENGER NOTICING THEM WHEN HE/SHE GOT IN OR OUT OF THE VEHICLE. DUE TO THAT FACT AND THE FACT THE VEHICLE BELONGED TO HIM, PROBABLE CAUSE EXISTED TO BELIEVE THE XANAX PILLS BELONGED TO MR WOLFORD. UPON SPEAKING TO MR WOLFORD, HE ADVISED THAT MANY PEOPLE BORROW HIS TRUCK AND THE PILLS WERE NOT HIS. A WRITTEN STATEMENT WAS COLLECTED FROM MS PIECHOCKI AND THE VEHICLE WAS RELEASED TO HER ON SCENE, PER MR WOLFORD'S REQUEST. MR WOLFORD WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. UPON ARRIVAL, MR WOLFORD WAS CHARGED WITH ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE AND ONE COUNT OF DRIVING WHILE LICENSE SUSPENDED, KNOWINGLY. HIS BOND WAS SET AT A TOTAL OF $2,500.00, IN ACCORDANCE WITH THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 8832-ROZ7, FOR OPERATING A MOTOR VEHICLE WHILE LICENSE CANCELLED, SUSPENDED OR REVOKED, KNOWINGLY, WITH A MANDATORY COURT APPEARANCE DATE ON 090111 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. HE WAS ALSO ISSUED CITATION NUMBER 8833-ROZ8, FOR UNLAWFUL SPEED, 77 MPH IN A POSTED 40 MPH SPEED ZONE, WITH THE SAME MANDATORY COURT APPEARANCE DATE OF 090111 AT 1300 HOURS. THE CONTRABAND WAS PACKAGED AND TURNED IN TO EVIDENCE ALONG WITH A DVD COPY OF THE TRAFFIC STOP. "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* |
