| Probable cause affidavit: |
SUBMITTED BY: LYNN, KURT 0349 (AR08103414) 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). ON 052508 AT APPROXIMATELY 0907 HOURS, I OBSERVED A BLUE CHEVROLET MINI VAN TRAVELING NORTHBOUND ON STATE ROAD 200, WHERE 200 AND U S HIGHWAY 41 COME TOGETHER. THE VEHICLE WAS CATCHING UP TO TRAFFIC IN FRONT OF IT AT A HIGH RATE OF SPEED. AT THAT TIME, I ACTIVATED MY RADAR AND RECEIVED A SOLID AUDIO DOPPLER TONE AND A VISUAL SPEED INDICATED THAT THE VEHICLE WAS TRAVELING AT 57 MILES PER HOUR (MPH) IN A 40 MPH SPEED ZONE. I IMMEDIATELY TURNED AROUND AND PREFORMED A TRAFFIC STOP ON THE VEHICLE. DURING THIS TIME, I RECEIVED A DRIVER'S LICENSE POSITIVELY IDENTIFYING THE DRIVER AS, MR RICHARD SPADE III, FROM SPRING HILL, FLORIDA. DURING THE TRAFFIC STOP, I ASKED THE DEFENDANT IF HE HAD ANY ITEMS IN HIS VEHICLE AND IF HE WOULD MIND THIS DEPUTY LATER SEARCHING THE VEHICLE, TO WHICH HE GAVE CONSENT. THERE WERE NO OTHER PASSENGERS IN THE VEHICLE AT THE TIME OF THE STOP. AFTER THE TRAFFIC STOP WAS COMPLETED AND THE DEFENDANT WAS ISSUED A CITATION, THIS DEPUTY AGAIN ASKED FOR CONSENT TO SEARCH THE VEHICLE, TO WHICH THE DEFENDANT GAVE THE VERBAL STATEMENT OF, "YES YOU MAY SEARCH THE VEHICLE." AFTER THIS DEPUTY PERFORMED A PAT DOWN SEARCH OF THE DEFENDANT, THE DEFENDANT STATED THAT THERE WAS A, "JOINT" IN THE CENTER CONSOLE UNDER THE CUP HOLDER. UPON SEARCHING THE VEHICLE, THIS DEPUTY LOCATED A PRESCRIPTION DRUG CONTAINER WITH THE DEFENDANT'S NAME AND PRESCRIPTION LABELED ON IT. INSIDE THE PRESCRIPTION BOTTLE, WAS ONE MARIJUANA CIGARETTE, WITH AN APPROXIMATE WEIGHT OF ONE GRAM. AT THAT TIME, THE DEFENDANT WAS INFORMED OF HIS ARREST FOR POSSESSION OF MARIJUANA. NO OTHER DRUGS WERE LOCATED IN THE VEHICLE. SINCE THE DEFENDANT IS AN OUT OF COUNTY RESIDENT HE WAS TAKEN INTO CUSTODY, HANDCUFFED (DOUBLE LOCKED) BEHIND IS BACK, READ MIRANDA AND WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT WAS HONEST IN TELLING THIS DEPUTY THAT THERE WAS MARIJUANA LOCATED IN THE VEHICLE AND WHERE IT WAS. DUE TO POLICY A MISDEMEANOR CITATION WAS NOT ABLE TO BE ISSUED. A PROPERTY RECEIPT WAS ISSUED TO THE DEFENDANT FOR THE MARIJUANA AND CITATION NUMBER 7861RHU, WAS ALSO ISSUED FOR FAILURE TO OBEY A TRAFFIC CONTROL DEVICE. THE TRAFFIC STOP AND SEARCH OF THE VEHICLE ALONG WITH CONSENT WAS CAPTURED ON THIS DEPUTY'S VIDEO CAMERA. A DVD OF WHICH WILL BE SUBMITTED IN TO EVIDENCE. THE DEFENDANT'S BOND WAS SET PER THE BOND SCHEDULE. *NOT-EXEMPT* |
