| Probable cause affidavit: |
SUBMITTED BY: MULLINS, MARVIN 0493 (AR15-13968) (15-24124) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO-WIT: MARIJUANA, WITH THE INTENT TO SELL, MANUFACTURE, OR DELIVER, OR POSSESS WITH INTENT TO SELL, MANUFACTURE OR DELIVER , IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(2); AND 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: SILVER MARIJUANA GRINDER AND A BLUE AND YELLOW GLASS MARIJUANA SMOKING PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B); AND DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY MULLINS, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: CONDUCT A TRAFFIC STOP, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 022215 AT APPROXIMATELY 0151 HOURS, I WAS PARKED IN THE PARKING LOT OF BRANNEN BANK NEAR THE INTERSECTION OF HIGHWAY 41 SOUTH AND HIGHWAY 44 EAST, WHEN I OBSERVED A GREEN FOUR-DOOR VEHICLE WITH THE PASSENGER HEADLIGHT OUT, TRAVELING NORTHBOUND ON HIGHWAY 41 SOUTH APPROACHING HIGHWAY 44 EAST. AT THAT TIME, I DID EXIT THE PARKING LOT AND GET BEHIND THE GREEN VEHICLE. AS THE VEHICLE APPROACHED THE INTERSECTION OF PINE STREET AND MAIN STREET, I INITIATED MY OVERHEAD EMERGENCY LIGHTS TO CONDUCT A TRAFFIC STOP. THE VEHICLE TURNED NORTH ON PINE STREET AND THEN TURNED LEFT INTO THE PARKING LOT OF 200 WEST MAIN STREET. AS THE VEHICLE WAS TURNING LEFT INTO THIS PARKING LOT, THE DRIVER ACCELERATED AND CUT A HARD RIGHT TURN INTO TWO PARKING SPACES AND PUT THE VEHICLE IN PARK BEFORE THE VEHICLE STOPPED MOVING. I COULD SEE THE VEHICLE JOLT forward AS A RESULT OF THIS. THE DRIVER OF THE VEHICLE, LATER IDENTIFIED AS THE DEFENDANT, JUMPED OUT OF THE VEHICLE WITH A CASE OF BEER IN HIS HANDS AND PROCEEDED TO A WHITE TRUCK PARKED APPROXIMATELY TEN YARDS AWAY WHERE HE OPENED THE PASSENGER SIDE OF THE TRUCK and PLACED THE BEER INSIDE. WHEN I CAME TO A STOP, I EXITED MY PATROL VEHICLE AND ORDERED THE DEFENDANT TO GET BACK IN HIS VEHICLE. THE DEFENDANT THREW HIS HANDS IN THE AIR AND YELLED "WHY". I THEN ORDERED THE DEFENDANT A SECOND TIME TO GET BACK IN THE VEHICLE, AT WHICH TIME HE THREW HIS KEYS ON THE other SIDE OF HIS VEHICLE AND STATED HE DOES NOT HAVE TO. AS I APPROACHED THE DEFENDANT AND WAS TO THE REAR OF HIS VEHICLE, HE JUMPED IN HIS DRIVER SEAT AND SHUT THE DOOR WITH THE WINDOW ROLLED UP. because HE DID NOT HAVE THE KEYS TO THE VEHICLE, HE COULD NOT ROLL DOWN THE WINDOW SO I DID ORDER HIM TO OPEN THE DOOR. HE DID COMPLY WITH THAT, AT which TIME I ASKED HIM FOR HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. THE DEFENDANT STATED THAT HE would NOT GIVE MY ANYTHING UNTIL I TOLD HIM WHY I PULLED HIM OVER. I AGAIN ASKED FOR THE DEFENDANT'S DRIVER'S LICENSE, REGISTRATION, AND PROOF OF INSURANCE AND HE DID GIVE ME HIS DRIVER'S LICENSE; HOWEVER, HE STATED HE would NOT GIVE ME ANYTHING ELSE. AT THAT TIME, I ORDERED THE DEFENDANT TO STAY IN THE VEHICLE AND WENT BACK TO MY VEHICLE TO CONTINUE WITH THE TRAFFIC STOP. BEFORE I COULD EVEN REACH MY VEHICLE, I SAW THE DEFENDANT START SHUFFLING AROUND IN HIS VEHICLE, AT WHICH TIME I ORDERED HIM TO STAY STILL SO I COULD SEE HIS HANDS. THE DEFENDANT REFUSED AND KEPT SHUFFLING AROUND IN HIS VEHICLE SO I RE-APPROACHED AND ORDERED THE DEFENDANT OUT of the VEHICLE. THE DEFENDANT STATED HE WAS NOT GETTING OUT, AT WHICH TIME I TOLD HIM HE WAS UNDER ARREST FOR RESISTING. AT THAT TIME, THE DEFENDANT DID STEP OUT OF THE VEHICLE AND WAS FACING ME AND I TOLD HIM TO TURN AROUND AND PLACE HIS HANDS BEHIND HIS BACK. THE DEFENDANT REFUSED SO I DID GRAB HIS RIGHT ARM BY HIS WRIST AND TURNED HIM FACING HIS VEHICLE. I WAS ABLE TO GAIN CONTROL OF BOTH HANDS and I DID PLACE HIM IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK. AT THAT TIME, SERGEANT CONLEY AND K-9 DEPUTY RITLI HAD ARRIVED ON SCENE. with SERGEANT CONLEY'S HELP, I ESCORTED THE DEFENDANT TO MY PATROL VEHICLE AND WHEN SERGEANT CONLEY HAD CONTROL OVER THE DEFENDANT, I DID LET GO SO I COULD UNLOCK MY REAR DOOR. AS I WAS UNLOCKING MY REAR DOOR, I HEARD A SCUFFLE AND LOOKED WHERE THE DEFENDANT WAS AND HE WAS ATTEMPTING TO LUNGE AT ME. SERGEANT CONLEY STILL HAD CONTROL AND ORDERED THE DEFENDANT TO STOP. THE DEFENDANT KEPT TRYING TO RUN forward OUT OF SERGEANT CONLEY'S CONTROL, CONTINUOUSLY YELLING PROFANITIES. FROM BEHIND THE DEFENDANT, SERGEANT CONLEY DID LEAN BACKWARDS and PLACED THE DEFENDANT ON THE GROUND ON HIS STOMACH. THE DEFENDANT WAS STILL FLAILING SO SERGEANT CONLEY GAINED CONTROL OF HIS UPPER HALF AND I GAINED CONTROL OF HIS LOWER HALF. THE DEFENDANT DID BRIEFLY CALM DOWN and I TOLD HIM THAT I WAS GOING TO ROLL HIM ON HIS SIDE SO THAT HE could PULL HIS KNEES TOWARDS HIS CHEST AND WE COULD SAFELY HELP HIM STAND UP. THE DEFENDANT STATED, "OKAY" and WHEN I ROLLED HIM ON HIS SIDE, HE IMMEDIATELY LOCKED HIS KNEES OUT AND BEGAN YELLING OBSCENITIES AGAIN. THE DEFENDANT WOULD NOT STAND UP SO MYSELF AND SERGEANT CONLEY WERE ABLE TO GET HIM OFF THE GROUND AND WE PLACED HIM IN THE REAR SEAT OF MY PATROL VEHICLE. AT THAT TIME, K-9 DEPUTY RITLI DID WALK HIS CANINE, WHICH GAVE A POSITIVE ALERT, SEE HIS SUPPLEMENT. UPON SEARCHING THE VEHICLE, IN THE CENTER CONSOLE THERE WERE THREE SMALL PLASTIC BAGGIES CONTAINING A GREEN LEAFY SUBSTANCE. THROUGH MY TRAINING AND EXPERIENCE I IDENTIFIED THIS AS MARIJUANA IN EACH OF THE PLASTIC BAGGIES. ALSO IN THE CENTER CONSOLE THERE WAS A SILVER GRINDER WITH MARIJUANA INSIDE OF IT and THERE WAS A BLUE AND YELLOW GLASS SMOKING PIPE WITH BURN MARIJUANA ASH, AS WELL AS GREEN MARIJUANA STILL INSIDE OF IT. AT THAT TIME, A WITNESS, MR ROBERT WAGNER, APPROACHED MYSELF AND SERGEANT CONLEY AND ADVISED THAT HE WAS OUTSIDE IN THE PARKING LOT THE ENTIRE TIME AND ADVISED HE WOULD WRITE A STATEMENT. I THEN MADE CONTACT WITH THE DEFENDANT AGAIN AND ADVISED HIM I WAS PLACING HIM UNDER ARREST FOR RESISTING WITHOUT VIOLENCE, POSSESSION OF PARAPHERNALIA AND POSSESSION OF CANNABIS WITH INTENT TO DISTRIBUTE DUE TO THERE BEING THREE INDIVIDUALLY PACKAGED BAGGIES OF MARIJUANA. I DID NOT ASK THE DEFENDANT ANY QUESTIONS AND I BEGAN TO SHUT THE DOOR, which I HAD OPENED TO ADVISE HIM OF HIS CHARGES AND THE DEFENDANT YELLED THAT HE HAD NOTHING TO SAY TO ME. HOWEVER, THE DEFENDANT DID MAKE AN EXCITED UTTERANCE and STATED "THIS IS ALL FOR MY WEED, WHICH IS FOR MEDICAL PURPOSES." I THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WHERE HIS BOND WAS SET AT A TOTAL OF $4,000.00 PER THE BOND SCHEDULE. THE MARIJUANA IN THE INDIVIDUAL BAGGIES WAS WEIGHED WITH A DIGITAL SCALE AT THE SCENE OF the TRAFFIC STOP with A TOTAL WEIGHT OF APPROXIMATELY 2 GRAMS. THE DEFENDANT'S VEHICLE WAS LOCKED AND LEFT IN THE PARKING LOT. ALL ITEMS WILL BE TURNED INTO EVIDENCE AND THE WITNESS STATEMENT WILL BE TURNED INTO RECORDS. DURING THE SEARCH OF THE VEHICLE, THERE WAS ALSO AN OPEN HALF FULL BOTTLE OF MILLER LIGHT BEER, STILL COLD TO THE TOUCH. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION, NUMBER 7173HBH3, FOR OPEN CONTAINER, WITH A FINE OF A $166.00 PAYABLE WITHIN 30 DAYS TO THE CITRUS COUNTY CLERK OF THE COURTS. HE WAS ALSO ISSUED A WRITTEN WARNING, NUMBER 393407B, FOR HIS PASSENGER HEADLIGHT BEING OUT. |
