| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR13-5150) DID OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT HE HAD BEEN DIRECTED TO STOP SUCH VEHICLE BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER, DID WILLFULLY REFUSE OR FAIL TO STOP SUCH VEHICLE IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(1); DID UNLAWFULLY HAVE IN HIS CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS 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 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: A PLASTIC STRAW WITH CANNABIS RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B); ON 040913, AT APPROXIMATELY 2140 HOURS, I WAS IN THE AREA OF NE 11TH STREET AND NE 8TH AVENUE, CONDUCTING TRAFFIC ENFORCEMENT DUE TO THIS BEING A HIGH DRUG TRAFFIC AREA. AS I WAS PARKED AT THIS INTERSECTION, I DID OBSERVE A BLACK SUV, TRAVELING NORTH BOUND ON NE 8TH AVENUE, COME TO A COMPLETE STOP IN FRONT OF THE APARTMENTS WHICH ARE LOCATED AT NE 9TH STREET, AND NE 8TH AVENUE. THE DRIVER NEVER EXITED THE VEHICLE, AND STAYED IN A PARKED POSITION FOR APPROXIMATELY TWO MINUTES. HE THEN PROCEEDED NORTHBOUND, MAKING A LEFT HAND TURN ON NE 11TH STREET. DURING THIS TURN, I COULD CLEARLY SEE BY MY HEADLIGHTS THROUGH THE DRIVERâS SIDE WINDOW, WHICH WAS IN THE DOWN POSITION, THAT THE SUBJECT WAS NOT WEARING HIS SEATBELT. I COULD ALSO OBSERVE THAT THE DRIVER WAS TALKING ON HIS CELLULAR TELEPHONE. I THEN TURNED AROUND ON SAID VEHICLE, AND I ACTIVATED MY OVERHEAD EMERGENCY EQUIPMENT, TO INCLUDE MY SIREN AND LIGHTS. THE VEHICLE THEN CONTINUED HEADING WEST ON NE 11TH STREET, AND THEN TURNED SOUTH ON NE 7TH AVENUE. HE THEN TURNED BACK WEST ON CRYSTAL STREET, AND THEN HEADED SOUTH ON NE 6TH AVENUE. THE DRIVER THEN TURNED EAST ON NE 6TH STREET, AND TURNED RIGHT ON NE 7TH AVENUE, AND THEN TURNED LEFT ON NE 5TH TERRACE, COMING TO A STOP AT THE NEW SERENITY FUNERAL HOME, WHICH IS LOCATED AT 713 NE 5TH TERRACE, CRYSTAL RIVER. UPON THE DRIVER COMING TO A STOP, HIS VEHICLE WAS BLOCKED PARTIALLY FROM VIEW BY A WHITE VAN WHICH BELONGED TO THE FUNERAL HOME. I THEN EXITED MY PATROL VEHICLE, AND APPROACHED THE VEHICLE FROM THE REAR OF THE WHITE VAN. I THEN ORDERED THE DRIVER TO STEP OUT OF THE VEHICLE, AT WHICH TIME HE WAS PLACED IN TO CUSTODY. DEPUTY AGUILERA WAS ON SCENE AT THIS TIME, AND ASSISTED ME. THE DRIVER WAS THEN SEARCHED, AND HIS FLORIDA DRIVER'S LICENSE WAS LOCATED. HE WAS IDENTIFIED AS THE DEFENDANT, MR RICKY FEATURE. THE DEFENDANT WAS THEN PLACED IN THE REAR OF DEPUTY AGUILERAâS PATROL VEHICLE. DEPUTY AGUILERA READ THE DEFENDANT HIS MIRANDA RIGHTS, VIA A PREPRINTED AGENCY ISSUED CARD, AND ASKED THE DEFENDANT IF HE UNDERSTOOD HIS RIGHTS, AND WISHED TO CONTINUE SPEAKING WITH LAW ENFORCEMENT. THE DEFENDANT ADVISED THAT HE DID UNDERSTAND HIS RIGHTS, AND WISHED TO CONTINUE SPEAKING WITH US. THE DEFENDANT ADVISED THAT HE HAD BEEN AWARE THAT LAW ENFORCEMENT WAS BEHIND HIM, BUT HAD NOT STOPPED. IT SHOULD BE NOTED THAT DURING MY PURSUIT OF THE DEFENDANT, THE DEFENDANT HAD NOT STOPPED AT ANY STOP SIGNS, AND HAD COMPLETE DISREGARD FOR THE PUBLIC. THE DEFENDANT DID USED HIS LEFT TURN SIGNAL WHILE TURNING RIGHT, AND RIGHT TURN SIGNAL WHILE TURNING LEFT IN AN APPARENT ATTEMPT TO ELUDE THIS DEPUTY. HE WAS ALSO DRIVING IN THE LEFT LANE WHILE MAKING RIGHT TURNS, AND THE RIGHT LANE WHILE MAKING LEFT TURNS. DEPUTY HRYC THEN ARRIVED ON SCENE. DEPUTY HRYC DEPLOYED HIS CANINE PARTNER, ZEUS, AND CONDUCTED AN EXTERIOR SNIFF OF THE DEFENDANTâS VEHICLE. DEPUTY HRYC THEN ADVISED THAT ZEUS HAD ALERTED TO THE VEHICLE. A THOROUGH SEARCH OF THE DEFENDANTâS VEHICLE WAS THEN CONDUCTED. INSIDE OF THE DRIVERâS SIDE DOOR PANEL COMPARTMENT, WAS LOCATED A HALF FULL BOTTLE OF CANADIAN LTD WHISKEY; AND IN THE DRIVERâS SIDE SEAT WAS LOCATED AN EMPTY BOTTLE OF CROWN ROYAL WHISKEY. JUST OUTSIDE OF THE DRIVERâS SIDE OF THE VEHICLE, ON THE ASPHALT, WAS LOCATED A CORNER OF A CLEAR PLASTIC BAGGIE, WHICH HAD A WHITE SUBSTANCE IN IT. BASED ON MY TRAINING AND EXPERIENCE, I BELIEVED THIS TO BE CONSISTENT WITH THE APPEARANCE AND CONSISTENCY OF COCAINE. NEXT TO THIS PLASTIC BAGGIE WERE TWO WHITE PACKS OF MARLBORO CIGARETTES, WHICH WERE CRUMPLED UP. THESE WERE CONSISTENT WITH ANOTHER WHITE MARLBORO PACK, WHICH WAS LOCATED ON THE DRIVERâS SIDE DOOR OF THE DEFENDANTâS VEHICLE. THESE PACKS WERE OPENED, AND ONE WAS FOUND TO CONTAIN A SMALL CLEAR PLASTIC BAGGIE OF A GREEN LEAFY SUBSTANCE, WHICH, BASED ON MY TRAINING AND EXPERIENCE, I BELIEVED TO BE CONSISTENT WITH THE APPEARANCE AND CONSISTENCY OF CANNABIS. THIS PACK ALSO CONTAINED A STRAW, WITH WHITE POWDERY RESIDUE ON THE STRAW. A SECOND PACK OF THE CIGARETTES CONTAINED A SECOND CLEAR PLASTIC BAGGIE WITH A GREEN LEAFY SUBSTANCE, MATCHING THE DESCRIPTION OF THE FIRST. THIS PACK ALSO CONTAINED THREE PLASTIC BAGGIES, WHICH CONTAINED A WHITE SUBSTANCE THAT BASED ON MY TRAINING AND EXPERIENCE, I BELIEVED TO BE COCAINE. THE SUBSTANCES WERE ALL LATER FIELD TESTED, UTILIZING AGENCY ISSUED FIELD TEST KITS, AND THE GREEN LEAFY SUBSTANCES WERE FOUND TO YIELD A POSITIVE RESULT FOR THE PRESENCE OF CANNABIS; AND THE WHITE SUBSTANCE WAS FOUND TO YIELD A POSITIVE RESULT FOR THE PRESENCE OF COCAINE. THE DEFENDANT WAS THEN ADVISED THAT HE WAS BEING PLACED UNDER ARREST. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, BY DEPUTY AGUILERA. I THEN TRANSPORTED THE DEFENDANTâS VEHICLE TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE STORAGE FACILITY, DUE TO IT BEING PLACED UNDER FORFEITURE. I THEN RESPONDED BACK TO THE ORIGINAL LOCATION OF THE PURSUIT, MAPPING THIS ROUTE OUT. IT WAS FOUND TO TOTAL 0.9 MILES. I THEN RESPONDED TO THE CITRUS COUNTY DETENTION FACILITY, AND WEIGHED THE NARCOTICS FOUND, WHICH ARE AS FOLLOWS: ONE BAG OF CANNABIS, AT 1.8 GRAMS; ONE BAG OF CANNABIS AT 1.9 GRAMS; ONE BAG OF COCAINE AT 0.2 GRAMS; ONE BAG OF COCAINE AT 0.2 GRAMS; ONE BAG OF COCAINE AT 0.9 GRAMS; ONE BAG WITH COCAINE RESIDUE. ALL ITEMS WERE PACKAGED, AND LATER TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION. A FORFEITURE NOTICE WAS COMPLETED AND SIGNED BY THE DEFENDANT, AND WAS LATER TURNED IN TO THE APPROPRIATE OFFICE. A TRACK-IT REQUEST WAS ALSO FILED WITH THE EVIDENCE DIVISION VIA EMAIL FOR THE EVIDENCE SEIZED. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF FLEEING OR ELUDING LAW ENFORCEMENT, ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE, ONE COUNT OF POSSESSION OF CANNABIS, LESS THAN TWENTY GRAMS, AND ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA; WITH A TOTAL BOND SET AT $11,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO ISSUED FLORIDA CRIMINAL TRAFFIC CITATION, CITATION NUMBER 9244GQFX, FOR FLEEING/ELUDING LAW ENFORCEMENT OFFICER, WITH A MANDATORY COURT DATE TO BE SET, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 9245GQFX, FOR STOPPING/STANDING/PARKING IN ROADWAY, WITH A FINE OF $166.00, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 9246GQF9, FOR NO SEAT BELT, WITH A FINE OF $116.00, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 9246GQF1, FOR OPEN CONTAINER IN VEHICLE, WITH A FINE OF $166.00, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
