Probable cause affidavit: |
SUBMITTED BY:\tSTRICKLAND, DALE 0276 (AR16-19590) FERRER, FRANCISCO 1424 DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO-WIT: 3.8 GRAMS OF METHAMPHETAMINE PREPACKAGED IN CLEAR PLASTIC BAGGIES ALONG WITH A DIGITAL SCALE, WITH THE INTENT TO SELL THE SAID SUBSTANCE TO ANOTHER PERSON, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(1). 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: TWO GLASS PIPES COMMONLY USED FOR SMOKING METHAMPHETAMINE ALONG WITH A SYRINGE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). \tdid then and there unlawfully carry a concealed weapon or electric weapon or device on or about HIS person, to-wit: A STEYR 0.9 MM HANDGUN, in violation of Florida Statute 790.01(1). DID DRIVE A MOTOR VEHICLE UPON A HIGHWAY IN THE STATE OF FLORIDA WITHOUT HAVING A VALID DRIVER'S LICENSE AUTHORIZING HIM TO DO SO, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 322.03(1). ON 052416, AT APPROXIMATELY 2320 HOURS, I OBSERVED A GREEN VAN RUN THROUGH A STOP SIGN AT GROSS STREET AND OST WEST NOT COMING TO A COMPLETE STOP. I DROVE BEHIND THE VEHICLE AND INITIATED A TRAFFIC STOP. I THEN MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR RICHARD GARRETT, ALONG WITH THE PASSENGER WHO WAS LATER IDENTIFIED AS, MS KIMBERLY HEATER. I ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. THE DEFENDANT STATED HE DID NOT HAVE HIS DRIVER'S LICENSE ON HIM, AND HE COULD NOT FIND THE REGISTRATION TO THE VEHICLE. I ASKED THE DEFENDANT IF HE HAD ANY FIREARMS OR CONTRABAND IN THE VEHICLE, WHICH HE REPLIED HE DID HAVE A FIREARM AND IT WAS LOCATED BEHIND THE DRIVER SEAT. I ASKED THE DEFENDANT IF HE HAD A CONCEALED WEAPONS PERMIT, WHICH HE STATED NO. I ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE. UPON STEPPING OUT OF THE VEHICLE, THE DEFENDANT ADVISED THE FIREARM WAS SNAGGING ON THE SEATBELT AS HE WAS ATTEMPTING TO GET OUT OF THE VEHICLE. I ADVISED THE DEFENDANT TO FACE AWAY FROM ME AND KEEP HIS HANDS UP WHILE I RETRIEVE THE FIREARM FROM THE BACK OF HIS WAISTBAND. THE DEFENDANT ADVISED HE WAS FROM SOUTH DAKOTA AND THAT HE DID NOT THINK HE NEEDED A PERMIT TO CARRY A CONCEALED FIREARM IN THE STATE OF FLORIDA. THE FIREARM WAS A SILVER AND BLACK 9 MM STEYR HANDGUN IN A HOLSTER AND WAS LOADED WITH 13 ROUNDS IN THE MAGAZINE AND ONE ROUND IN THE CHAMBER ALONG WITH A SPARE MAGAZINE CONTAINING 15 ROUNDS. I SECURED THE FIREARM AND RAN THE SERIAL NUMBER TO MAKE SURE IT WAS NOT STOLEN, WHICH MET WITH NEGATIVE RESULTS. I ASKED THE DEFENDANT IF I COULD SEARCH THE VEHICLE FOR NARCOTICS, WHICH HE REPLIED NO. I CALLED DEPUTY VIGGIANO (0682) OVER THE RADIO AND ASKED HIM TO RESPOND TO MY LOCATION WHILE I BEGAN WRITING A WRITTEN WARNING TO THE DEFENDANT FOR FAILING TO STOP AT THE STOP SIGN AT OST WEST AND GROSS. DEPUTY VIGGIANO ARRIVED AND ADVISED THAT HIS CANINE GAVE A POSITIVE ALERT TO THE VEHICLE. SEE HIS SUPPLEMENT FOR FURTHER. I RAN THE DEFENDANT FOR WARRANTS AND DRIVER'S LICENSE STATUS THROUGH TELETYPE, WHICH TELETYPE ADVISED THE DEFENDANT HAD AN EXPIRED CDL LICENSE OUT OF FLORIDA AND THAT IT HAD EXPIRED IN 2006. A SEARCH OF THE VEHICLE REVEALED A GREEN PLASTIC CASE WITH THE WORD "RYOBI" ON IT LOCATED INSIDE A BLACK BACKPACK DIRECTLY BEHIND THE DRIVER SEAT OF THE VEHICLE, WHICH CONTAINED ONE SYRINGE AND A SMALL BAGGIE WITH A CRYSTAL-LIKE RESIDUE ALONG WITH A GLASS PIPE COMMONLY USED FOR SMOKING METHAMPHETAMINE. THERE WAS ALSO A BLACK HANDBAG WITH A RED SLING DIRECTLY BEHIND THE DRIVER SEAT. INSIDE THE BLACK HANDBAG WERE FOUR CONTAINERS. THE FIRST CONTAINER WAS A PURPLE PLASTIC CASE WITH TWO BAGGIES OF A CRYSTAL-LIKE SUBSTANCE, WHICH TESTED NEGATIVE FOR NARCOTICS. THE SECOND CONTAINER WAS A BLACK LEATHER VELCRO CASE THAT CONTAINED A DIGITAL SCALE AND NUMEROUS SMALL EMPTY PLASTIC BAGGIES WITH BLUE STARS IMPRINTED ON THEM. THE THIRD CONTAINER WAS A BLUE HARD SHELLED CASE THAT CONTAINED A BLUE GLASS PIPE COMMONLY USED FOR SMOKING METHAMPHETAMINE ALONG WITH A RAZORBLADE. CONTAINER NUMBER FOUR WAS A CLEAR CASE WITH GREEN TAPE ON THE LID CONTAINING A CLEAR GLASS PIPE COMMONLY USED FOR SMOKING METHAMPHETAMINE. UPON SPEAKING TO THE PASSENGER OF THE VEHICLE, SHE ADVISED THAT NOTHING IN THE VEHICLE BELONGED TO HER. THE DEFENDANT WAS THEN PLACED UNDER ARREST, HANDCUFFED, DOUBLE-LOCKED. A SEARCH OF THE DEFENDANT INCIDENT TO ARREST REVEALED A SMALL PLASTIC CASE IN THE DEFENDANT'S FRONT LEFT POCKET THAT CONTAINED THREE SMALL BAGGIES WITH BLUE STARS IMPRINTED ON THEM AND A CLEAR PLASTIC BAGGIE, ALL OF THEM CONTAINING A CRYSTAL-LIKE SUBSTANCE THAT TESTED POSITIVE FOR CRYSTAL METHAMPHETAMINE. THE DEFENDANT ALSO HAD TWO CONTAINERS CLIPPED ONTO HIS FRONT LEFT BELT LOOP. THE FIRST CONTAINER WAS A SMALL PLASTIC BOX CONTAINING A RED CUT STRAW AND FIVE RED PILLS INSIDE OF A CLEAR PLASTIC BAGGIE, WHICH WAS IDENTIFIED AS MEDICATION FOR STOMACH ULCERS, AND ALSO A SMALL PLASTIC BAG WITH A CRYSTAL-LIKE SUBSTANCE THAT TESTED POSITIVE FOR METHAMPHETAMINE. THE SECOND CONTAINER WAS A BLACK CHANGE PURSE CONTAINING A SMALL PURPLE PLASTIC BOX AND INSIDE THE BOX WAS A CLEAR PLASTIC BAGGIE WITH A CRYSTAL-LIKE SUBSTANCE, WHICH TESTED POSITIVE FOR METHAMPHETAMINE ALONG WITH TWO CUT RED STRAWS. THE APPROXIMATE WEIGHT OF THE SUBSTANCE THAT TESTED POSITIVE FOR METHAMPHETAMINE WAS 3.8 GRAMS. THE DEFENDANT WAS THEN SEATED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT WAS ISSUED A CITRUS COUNTY WRITTEN WARNING, FOR THE STOP SIGN VIOLATION, NUMBER 409456B, AND ALSO A CRIMINAL CITATION FOR DRIVING WITH AN EXPIRED LICENSE OVER SIX MONTHS, NUMBER A21DNBP. THE DEFENDANT WAS CHARGED WITH POSSESSION OF DRUG PARAPHERNALIA WHERE THE BOND WAS SET AT $1,000.00, CARRYING A FIREARM WITHOUT A CONCEALED CARRY PERMIT WHERE THE BOND WAS SET AT $2,000.00, POSSESSION OF A CONTROLLED SUBSTANCE WITH THE INTENT TO SELL WHERE THE BOND WAS SET AT $2,000.00 AND DRIVING WITH AN EXPIRED LICENSE WHERE THE BOND WAS SET AT $500.00 FOR A TOTAL BOND OF $5,500.00, PER THE BOND SCHEDULE. |