| Probable cause affidavit: |
SUBMITTED BY: MACIAS, JOSEPH 0756 (AR 15-13956) (15-23261) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: LYSERGIC ACID DIETHYLAMIDE (COMMONLY REFERRED TO AS LSD OR ACID), IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). 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, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ON 022015 I WAS PATROLLING THE AREA OF CARL G ROSE HIGHWAY IN HERNANDO. DURING THAT TIME I OBSERVED A BLUE CHEVY BLAZER BEARING FLORIDA TAG 0694BK FAIL TO STOP AT THE STOP SIGN AT CARL G ROSE HIGHWAY AND LECANTO HIGHWAY AND CONDUCTED A TRAFFIC STOP ON SAID VEHICLE. I APPROACHED THE DRIVER SIDE WINDOW AND MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS DEFENDANT MR RICHARD KESSLER III. I ASKED HIM FOR HIS DRIVER'S LICENSE AND REGISTRATION, WHICH HE PROVIDED. WHILE SPEAKING WITH THE DEFENDANT, I COULD SMELL A SLIGHT ODOR OF MARIJUANA EMITTING FROM HIS VEHICLE. I ASKED HIM IF THERE WERE ANY ILLEGAL SUBSTANCES IN HIS VEHICLE WHICH HE STATED NO. I THEN ASKED IF FOR CONSENT TO SEARCH HIS VEHICLE WHICH HE STATED THAT I COULD NOT. I THEN NOTIFIED CANINE DEPUTY RITLI (0426) AND ASKED HIM TO RESPOND TO MY LOCATION. DEPUTY MARSHALL (1336) ARRIVED ON SCENE WHILE I WAS WAITING FOR DEPUTY RITLI. UPON DEPUTY RITLI'S ARRIVAL, HE DEPLOYED K-9 AJAX WHICH DID ALERT ON THE VEHICLE (SEE K-9 REPORT). AT THAT TIME, I MADE CONTACT WITH THE DEFENDANT AND ADVISED HIM THAT I WOULD BE SEARCHING THE VEHICLE DUE TO THE K-9 ALERTING. I ASKED HIM AGAIN IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE. THE DEFENDANT PRODUCED A PLASTIC BAGGY CONTAINING A GREEN LEAFY SUBSTANCE, ROLLING PAPERS AND A GRINDER. HE ALSO HANDED OVER A PIPE AND A BLACK FILM CANISTER AND STATED THAT THERE WAS ACID (LSD) IN IT. THE DEFENDANT AND PASSENGERS WERE ASKED TO STEP OUT OF THE VEHICLE AND WERE PATTED DOWN FOR WEAPONS WITH NEGATIVE RESULTS. WHILE PATTING DOWN THE DEFENDANT, HE SPONTANEOUSLY STATED TO THIS DEPUTY THAT ALL THE ITEMS IN THE VEHICLE WERE HIS. I ASKED THE DEFENDANT IF THERE WAS ANYTHING ELSE ILLEGAL IN THE VEHICLE. THE DEFENDANT STATED NO. DEPUTY RITLI AND THIS DEPUTY CONTINUED TO SEARCH THE VEHICLE. I DISCOVERED, BEHIND THE DRIVER SEAT, A BOX CONTAINING TWO PILL BOTTLES WITH MARIJUANA, ROLLING PAPERS, AND A FILTER. THERE WAS ALSO A SOCK IN THE BOX WITH A BROKEN PIPE WITH CANNABIS RESIDUE ON IT. UPON PULLING THE BOX OUT OF THE VEHICLE, THE DEFENDANT IMMEDIATELY TOLD THIS DEPUTY THAT THE ITEMS IN THE BOX WERE HIS. I READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE STATED NO. I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF CONTROLLED SUBSTANCE, POSSESSION OF CANNABIS LESS THAN 20 GRAMS, AND POSSESSION OF PARAPHERNALIA. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE. BOTH PASSENGERS GAVE VERBAL STATEMENTS AND ADVISED THEY HAD NO IDEA THERE WERE DRUGS OR PARAPHERNALIA IN THE VEHICLE. THEY WERE RELEASED AND HAD FAMILY MEMBERS PICK THEM UP. ALL CONTRABAND WAS COLLECTED, PACKAGED, AND TURNED IN TO EVIDENCE. THE DEFENDANT WAS ISSUED WRITTEN WARNING NUMBER 387646B FOR FAILURE TO STOP AT STOP SIGN. THE DEFENDANT'S VEHICLE WAS PARKED OFF THE SIDE OF THE ROAD AND SECURED PER THE DEFENDANT'S REQUEST. THE DEFENDANT WAS TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $2,000.00 FOR POSSESSION CONTROLLED SUBSTANCE, $1,000.00 FOR POSSESSION OF CANNABIS LESS THAN 20 GRAMS, AND $1,000.00 FOR POSSESSION OF PARAPHERNALIA FOR A TOTAL BOND OF $4,000.00 PER THE BOND SCHEDULE. |
