Probable cause affidavit: |
SUBMITTED BY: LABORDA, MICHAEL 0735 (AR13-4746) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: IN A CLEAR PLASTIC BAGGIE, APPROXIMATELY ONE GRAM OF METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). ON 030613 AT APPROXIMATELY 0646 HOURS, WHILE PATROLLING THE AREA OF EAST GOBBLER DRIVE AND OLD FLORAL CITY ROAD IN FLORAL CITY, I WAS SPEAKING WITH DEPUTY HOLLOWAY (0696) VIA TELEPHONE. DEPUTY HOLLOWAY ADVISED THAT HE HAD OBSERVED A WHITE FOUR DOOR VEHICLE AT A RESIDENCE OF INTEREST LOCATED OFF OF EAST MOONRISE LANE IN FLORAL CITY. DEPUTY HOLLOWAY ADVISED THAT HE HAD OBSERVED THIS VEHICLE LEAVING THE RESIDENCE AND HAD OBTAINED THE FLORIDA LICENSE PLATE NUMBER OF BSLC90. DEPUTY HOLLOWAY STATED THAT HE OBSERVED THE VEHICLE TRAVEL FROM EAST MOONRISE LANE AND MAKE A RIGHT HAD TURN ON TO SOUTH OLD FLORAL CITY ROAD, HEADING NORTHBOUND. DEPUTY HOLLOWAY ADVISED THAT THE VEHICLE HAD NOT COME TO A COMPLETE STOP AT THE STOP SIGN LOCATED ON EAST MOONRISE LANE PRIOR TO MAKING THE RIGHT HAND TURN. I WAS CURRENTLY SITTING AT THE INTERSECTION OF SOUTH OLD FLORAL CITY ROAD AND EAST GOBBLER DRIVE, WHERE I OBSERVED A WHITE FOUR DOOR VEHICLE MATCHING THE DESCRIPTION THAT DEPUTY HOLLOWAY HAD PROVIDED APPROACHING THE INTERSECTION. THE VEHICLE MADE A RIGHT HAND TURN HEADING EASTBOUND ON EAST GOBBLER DRIVE, WHERE I OBSERVED THE LICENSE PLATE TO BE THE SAME AS THE VEHICLE DEPUTY HOLLOWAY HAD OBSERVED RUN THE STOP SIGN. AT THAT TIME, I INITIATED A TRAFFIC STOP ON THE VEHICLE ON EAST GOBBLER DRIVE JUST EAST OF OLD FLORAL CITY ROAD. UPON MAKING CONTACT WITH THE DRIVER, MR HEATHER BARKER, SHE WAS ADVISED OF THE REASON FOR THE STOP AND WAS ASKED TO PROVIDE HER LICENSE AND VEHICLE INFORMATION. MS BARKER PROVIDED HER VEHICLE INFORMATION BUT DID NOT HAVE HER FLORIDA DRIVER'S LICENSE ON HER. I RECOGNIZED MS BARKER THROUGH PREVIOUS DEALINGS AS WELL AS THE PASSENGER IN THE FRONT SEAT, MR KEVIN COLEMAN. MS BARKER ALSO HAD HER INFANT CHILD IN A CAR SEAT LOCATED IN THE BACK SEAT TO THE RIGHT OF HER OTHER PASSENGER in the BACK SEAT, WHO WAS SITTING DIRECTLY BEHIND HER. I RECOGNIZED THIS PASSENGER THROUGH PREVIOUS DEALINGS AS THE DEFENDANT, MR RICKY DORMAN. UPON RUNNING ALL SUBJECTS THROUGH CITRUS COUNTY SHERIFF'S OFFICE TELETYPE, I WAS ADVISED THAT THE DEFENDANT HAD AN OPEN CITRUS COUNTY WARRANT FOR VIOLATION OF PROBATION ON AN ORIGINAL CHARGE OF DRIVING WHILE LICENSE SUSPENDED (SEE AR13-4745). AT THAT TIME, THE DEFENDANT WAS ASKED TO STEP OUT OF THE VEHICLE WHERE HE WAS SECURED IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED in the REAR SEAT OF MY PATROL VEHICLE. MS BARKER WAS PROVIDED A WRITTEN WARNING FOR RUNNING THE STOP SIGN, WARNING NUMBER 345843B. DEPUTY HOLLOWAY ASKED MS BARKER IF SHE WOULD CONSENT TO A SEARCH OF THE VEHICLE, TO WHICH SHE ADVISED THAT SHE WOULD. AT THAT TIME, MS BARKER AND MR COLEMAN, BOTH STEPPED OUT OF THE VEHICLE AND STOOD BY WITH DEPUTY HOLLOWAY, WHILE I CONDUCTED AN INTERIOR SEARCH OF THE VEHICLE. WHILE SEARCHING THE BACK SEAT DRIVER SIDE AREA, WHERE THE DEFENDANT HAD BEEN SITTING, I LOCATED A MOUNTAIN DEW SODA CAN, which HAD BEEN STUFFED IN THE SEAT POCKET ON THE BACKSIDE OF THE DRIVER SEAT. IT SHOULD BE NOTED THAT THIS AREA IS DIRECTLY IN FRONT OF WHERE THE DEFENDANT WAS SITTING. UPON SHINING MY FLASHLIGHT IN THE OPENING OF THE SODA CAN, I COULD OBSERVE SOMETHING PLASTIC FLOATING IN THE REMAINING SODA WITHIN THE CAN. AT THAT TIME, I CUT THE SODA CAN OPEN WITH A POCKET KNIFE, WHERE I DISCOVERED A ONE INCH BY ONE INCH SMALL PLASTIC BAGGIE CONTAINING A WHITE CRYSTAL SUBSTANCE, which I RECOGNIZED TO BE CONSISTENT WITH THAT OF METHAMPHETAMINE. I FIELD TESTED A PORTION OF THE SUBSTANCE, WHICH YIELDED A POSITIVE RESULT FOR THE PRESENCE OF METHAMPHETAMINE. MS BARKER AND MR COLEMAN BOTH ADVISED THAT THEY HAD NO IDEA THAT THERE WAS ANY METHAMPHETAMINE IN THE VEHICLE. THEY BOTH STATED THAT THE DEFENDANT UPON SEEING MY PATROL VEHICLE, PRIOR TO THE TRAFFIC STOP, BECAME VERY NERVOUS AND STATED that HE FELT HE WAS GOING TO BE SICK. AT THAT TIME, DEPUTY HOLLOWAY READ THE DEFENDANT MIRANDA VIA AGENCY PRINTED CARD AND ASKED THE DEFENDANT ABOUT THE METHAMPHETAMINE. I OVERHEARD THE DEFENDANT STATE THAT HE KNEW ABOUT HIS WARRANT BUT THAT HE HAD NO IDEA WHAT WE WERE TALKING ABOUT AND THAT THE METHAMPHETAMINE DOES NOT BELONG TO HIM. AT THAT TIME, THE DEFENDANT WAS TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY WHERE HE WAS TURNED OVER TO STAFF FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $2,000.00, PER THE BOND SCHEDULE. THE PLASTIC BAGGIE CONTAINING METHAMPHETAMINE WAS SUBMITTED TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. A FOLLOW-UP WILL BE CONDUCTED TO OBTAIN MS BARKERâS CHILDâS INFORMATION AND THE DEPARTMENT OF CHILDREN AND FAMILIES WILL BE CONTACTED IN REFERENCE TO THIS CASE. |