| Probable cause affidavit: |
SUBMITTED BY: POLLARD, RANDALL 0677 (AR11119294) 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). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: FIVE LORAZEPAM .5 MILLIGRAM PILLS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). ON 021111 WHILE ON DIRECTED PATROL IN THE AREA OF US HIGHWAY 19 AND NE 5TH STREET I OBSERVED A BLACK, FORD, FOUR DOOR TRAVELLING SOUTHBOUND ON US HIGHWAY 19. I THEN OBSERVED THE VEHICLE PULL RAPIDLY IN TO THE EXIT OF THE MCDONALD'S. I OBSERVED THE DRIVER NOT TO BE WEARING A SEAT BELT AND WHEN THE DRIVER ATTEMPTED TO STOP THE VEHICLE, HIS TIRES LOST TRACTION WITH THE PAVEMENT. I THEN WATCHED THE SUBJECT TURN OUT OF THE MCDONALD'S PARKING LOT SOUTHBOUND ON US HIGHWAY 19. UPON VEERING IN THE TURN LANE TO HEAD EASTBOUND ON NE 5TH STREET, THE TRAFFIC LIGHT WAS RED AND I THEN OBSERVED THE VEHICLE TRAVEL APPROXIMATELY TEN FEET PAST THE STOP BAR INDICATOR. AT THAT TIME, I ACTIVATED MY OVERHEAD EMERGENCY LIGHTS AND OBSERVED THE SUBJECT TURN EASTBOUND ON TO NE 5TH STREET. THE VEHICLE WAS TRAVELLING AT APPROXIMATELY 15 MILES PER HOUR (MPH) . I COULD SEE THE HEAD OF THE DRIVER MOVING IN AN UP AND DOWN MOTION AND THE DRIVER APPEARED TO BE MAKING FURTIVE MOVEMENTS AS IF HE WERE PLACING SOMETHING UNDERNEATH HIS SEAT. WHILE CONTINUING TO ROLL AT A SLOW SPEED THE DRIVER MADE A RIGHT TURN ON TO NE 7TH AVENUE BEFORE COMPLETING A STOP AT NE 7TH AVENUE AND NE 4TH STREET. I THEN MADE CONTACT WITH THE DRIVER/DEFENDANT MR RICARDO BARNHART. I THEN ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE AND VEHICLE REGISTRATION, THE DEFENDANT PROVIDED ME WITH A FLORIDA DRIVER'S LICENSE BUT HAD NO PROOF OF VEHICLE REGISTRATION OR INSURANCE. I THEN RETURNED TO MY PATROL VEHICLE AND RAN THE DEFENDANT'S INFORMATION THROUGH FCIC/NCIC FOR WANTS AND WARRANTS AND A DRIVER'S LICENSE STATUS. THE RETURN ON THE DEFENDANT SHOWED HIS DRIVER'S LICENSE TO HAVE BEEN SUSPENDED ON 080410 FOR DELINQUENT CHILD SUPPORT AND ALSO STATED THAT THE DEFENDANT RECEIVED NOTICE BY COURT ORDER. IT ALSO SHOWED ANOTHER SUSPENSION ON 092710 FOR FAILURE TO PAY TRAFFIC FINES. I THEN RE-APPROACHED THE DRIVER'S SIDE OF THE VEHICLE WHILE INFORMING THE DRIVER THAT HIS DRIVER'S LICENSE WAS SUSPENDED, I WAS SHINING MY LIGHT INTO THE REAR SEAT OF THE DEFENDANT'S VEHICLE. WHILE SHINING THE FLASHLIGHT ONTO THE FLOORBOARD, DIRECTLY BEHIND THE DRIVER'S SEAT, I OBSERVED A SMALL WHITE PILL. I THEN ASKED THE DEFENDANT IF HE WAS ON ANY TYPE OF PRESCRIPTION MEDICATION TO WHICH HE STATED THAT HE WAS NOT. I THEN ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE AND ADVISED HIM THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING WHILE LICENSE SUSPENDED KNOWINGLY. I THEN CONDUCTED A SEARCH OF THE DEFENDANT'S VEHICLE IN THE AREA WHERE I HAD OBSERVED THE WHITE PILL ON THE FLOORBOARD. UPON RETRIEVING THAT PILL FROM THE REAR DRIVER'S SIDE FLOOR BOARD, I SHINED MY FLASHLIGHT UNDERNEATH THE DRIVER'S SEAT WHERE I FOUND FOUR OTHER PILLS. I THEN CONTACTED POISON CONTROL. THEY IDENTIFIED THE PILLS AS LORAZEPAM .5 MILLIGRAM AND ADVISED THAT IT WAS A SCHEDULE FOUR SUBSTANCE. THE DEFENDANT WAS THEN ADVISED THAT HE WAS BEING CHARGED WITH POSSESSION OF A CONTROLLED SUBSTANCE. I THEN SECURED HIM IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCJ) FOR BOOKING AND PROCESSING. WHILE AT THE CITRUS COUNTY DETENTION FACILITY (CCJ), THE DEFENDANT WAS ISSUED A CRIMINAL CITATION NUMBER 2101-GJX-4 FOR DRIVING WHILE LICENSE SUSPENDED WITH A MANDATORY COURT DATE OF 030311 AT 1300 HOURS. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION (UTC) NUMBER 2102-GJX-5 FOR CARELESS DRIVING WITH A FINE OF $166.00, UNIFORM TRAFFIC CITATION (UTC) NUMBER 2103-GJX-6 FOR DRIVER NOT WEARING SEAT BELT WITH A FINE OF $116.00 AND UNIFORM TRAFFIC CITATION (UTC) NUMBER 2104-GJX-7 FOR NO PROOF OF INSURANCE WITH A FINE OF $116.00 ALL FINES PAYABLE WITHIN 30 DAYS. COPIES OF THE CITATIONS WERE PLACED INTO THE DEFENDANT'S PROPERTY AT THE DETENTION FACILITY. ALSO COPIES WILL BE FORWARDED TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) RECORDS DIVISION. THE VEHICLE THE DEFENDANT WAS DRIVING WAS TOWED BY GREG'S TOWING AND ALL PROPER FORMS WERE COMPLETED BY DEPUTY LOVULLO AND WILL BE TURNED IN TO THE RECORDS DIVISION. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $2,500.00 PER THE BOND SCHEDULE. THE PILLS THAT WERE SEIZED FROM THE DEFENDANT'S VEHICLE WILL BE TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION. "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* |
