| Probable cause affidavit: |
SUBMITTED BY: CALLAHAN, CRAIG 0643 (AR11121519) 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: A DIGITAL SCALE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 063011 AT APPROXIMATELY 1304 HOURS, I WAS TRAVELING WESTBOUND ON ROOSEVELT AVENUE IN THE AREA OF SOUTH WASHINGTON STREET. UPON DOING SO I OBSERVED THREE WHITE MALES, WHO WERE LATER IDENTIFIED AS THE CO DEFENDANT SHANE GALLAGHER-SMITH, DEFENDANT ROBERT DOVE AND ANOTHER WHITE MALE IDENTIFIED AS JAKE LANKFORD, WALKING WESTBOUND ON ROOSEVELT BOULEVARD. DUE TO A RECENT RASH IN RESIDENTIAL BURGLARIES WHICH HAVE BEEN OCCURRING DURING THE DAYTIME HOURS I STOPPED MY PATROL VEHICLE AND MADE CONSENSUAL CONTACT WITH ALL THREE INDIVIDUALS. UPON DOING SO, I ADVISED THEM OF THE BURGLARIES AND ASKED THEM IF THEY HAD HEARD ANY INFORMATION ABOUT THE CRIMES BEING COMMITTED IN THE AREA. ALL OF THEM SAID THEY DID NOT. I THEN ASKED THEM IF THEY HAD ANY IDENTIFICATION, AT WHICH TIME ALL THREE INDIVIDUALS VOLUNTARILY PROVIDED ME WITH THEIR IDENTIFICATION INFORMATION. PRIOR TO RETURNING TO MY PATROL VEHICLE, I ASKED DEFENDANT DOVE IF HE MINDED IF I PAT HIM DOWN FOR WEAPONS PRIOR TO RETURNING TO MY PATROL VEHICLE, AT WHICH TIME HE ADVISED I COULD AND CONSENTED TO A PAT DOWN OF HIS PERSON. UPON PATTING DOWN DEFENDANT DOVE'S RIGHT JEAN POCKET, I FELT A SMALL ITEM WHICH I RECOGNIZED THROUGH MY EXPERIENCE TO BE CONSISTENT WITH A BAGGIE CONTAINING MARIJUANA. UPON FEELING THE ITEM I ASKED DEFENDANT DOVE IF HE HAD MARIJUANA IN HIS POCKET, AT WHICH TIME HE ADVISED HE DID. DEFENDANT DOVE THEN RETRIEVED A CLEAR PLASTIC BAGGIE WHICH CONTAINED A GREEN LEAFY SUBSTANCE WHICH I IMMEDIATELY RECOGNIZED AS MARIJUANA. UPON FURTHER SEARCH OF THE DEFENDANT, I LOCATED A SMALL BLACK DIGITAL SCALE IN HIS RIGHT PANTS POCKET, WHICH IS CONSISTENT OF THAT OF MARIJUANA USE. I THEN MADE CONTACT WITH THE CO DEFENDANT, MR SHANE GALLAGHER SMITH AND ASKED HIM IF HE ALSO HAD MARIJUANA ON HIM, AT WHICH TIME HE ADVISED HE DID. HE REACHED INTO HIS RIGHT POCKET AND PRODUCED A CLEAR PLASTIC BAGGIE WHICH ALSO CONTAINED A GREEN LEAFY SUBSTANCE WHICH WAS IDENTIFIED AS MARIJUANA. FURTHERMORE, THE CO DEFENDANT AGAIN REACHED IN HIS POCKET AND HANDED ME ANOTHER BAGGIE WHICH ALSO CONTAINED MARIJUANA. THE CO DEFENDANT CONTINUED TO EMPTY HIS POCKET, WHERE HE ALSO PRODUCED A DIGITAL SCALE FROM HIS LEFT FRONT PANTS POCKET. PRIOR TO READING MIRANDA, THE DEFENDANTS BOTH SPONTANEOUSLY UTTERED TO ME THAT THEY JUST PURCHASED THE MARIJUANA AND WERE WALKING HOME. FURTHERMORE, BOTH STATED THAT THE MARIJUANA WAS FOR THEIR OWN PERSONAL USE AND THE ONLY REASON THEY HAD THE SCALES WAS TO ENSURE THEY WERE NOT BEING RIPPED OFF BY THEIR DEALER. AT THAT TIME I ADVISED BOTH DEFENDANTS THAT THEY WERE BEING PLACED UNDER ARREST FOR POSSESSION OF MARIJUANA AND POSSESSION OF PARAPHERNALIA. THEY WERE BOTH HANDCUFFED (DOUBLED LOCKED) BEHIND THE BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE. UPON ARRIVAL TO THE CITRUS COUNTY DETENTION FACILITY BOTH DEFENDANTS' BOND WAS SET AT $1,000.00 IN ACCORDANCE TO THE BOND SCHEDULE. THE MARIJUANA THAT WAS IN DEFENDANT GALLAGHER-SMITH'S POSSESSION WAS WEIGHED WITH AN APPROXIMATELY WEIGHT OF 19.5 GRAMS AND CO DEFENDANT DOVE'S MARIJUANA WAS WEIGHED ON A SCALE WITH APPROXIMATE WEIGHT OF 15 GRAMS. ALL MARIJUANA AND PARAPHERNALIA WAS LATER PACKAGED AND TURNED INTO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
