| Probable cause affidavit: |
SUBMITTED BY: BERGEN, JOHN 0519 (AR08106161) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: XANAX, OXYCONTIN, ADDERALL, AND CYCLOBENZAPRINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). 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: ONE METAL GRINDER, TWO PACKS OF ROLLING PAPERS, ONE (DUG OUT) PIPE FOR SMOKING MARIJUANA, AND ONE "CD" CASE SCALE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 110708, I WAS SITTING IN MY PATROL VEHICLE NEAR THE INTERSECTION OF US 19 AND CARDINAL STREET. AT THAT TIME, I OBSERVED A WHITE PICKUP TRUCK EXIT THE PARKING LOT OF THE CIRCLE K GASOLINE STATION AND APPROACH THE INTERSECTION OF US 19. AT THAT TIME, THE LIGHT FACING THE DRIVER/DEFENDANT WAS A STEADY RED . THE DEFENDANT CONTINUED THROUGH THE RED LIGHT WITHOUT STOPPING AND MADE A RIGHT HAND TURN ON US 19. I THEN POSITIONED MYSELF BEHIND THE DEFENDANT'S VEHICLE RAN THE TAG INFORMATION AND STOPPED THE VEHICLE IN THE AREA OF US 19 AND GREEN ACRES STREET. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR ROBERT GRAY. I ADVISED HIM THE REASON FOR THE STOP AND HE STATED HE KNEW HE DID NOT STOP AND HE WAS SORRY. WHILE SEARCHING FOR HIS REGISTRATION, I OBSERVED IN THE GLOVE COMPARTMENT A PACK OF ROLLING PAPERS . I THEN CALLED FOR A K-9 UNIT AND K-9 DEPUTY DAVIS RESPONDED. HE THEN DEPLOYED HIS K-9 AND WE RECEIVED A POSITIVE ALERT ON THE DRIVER'S SIDE. AT THAT TIME, I MADE CONTACT WITH THE DRIVER AND ADVISED HM THAT WE WOULD BE SEARCHING THE VEHICLE IN REFERENCE TO THE K-9'S ALERT. AT THAT TIME, HE STATED "OK MAN, I HAVE A LITTLE BIT OF WEED IN MY BAG". HE THEN POINTED TOWARD THE BED of the TRUCK WHERE I OBSERVED A BLACK SUITCASE. I THEN CONDUCTED A SEARCH OF THE DEFENDANT'S PERSON WHICH MET with NEGATIVE RESULTS FOR CONTRABAND. THE PASSENGER ALSO CONSENTED TO A SEARCH OF HIS PERSON WITH NEGATIVE RESULTS FOR CONTRABAND. AN INTERIOR SEARCH of the VEHICLE REVEALED BEHIND THE FRONT SEAT A ZIP LOCK BAGGIE CONTAINING MARIJUANA AND A SMALLER ZIP LOCK BAGGIE CONTAINING FIVE BLUE PILLS, TWO ORANGE CAPSULES, ONE YELLOW RECTANGULAR PILL, AND A ROUND YELLOW PILL. ALSO LOCATED BEHIND THE FRONT SEAT WAS A "DUG OUT" WHICH IS A PIPE USED FOR SMOKING MARIJUANA AND A DIGITAL SCALE WHICH WAS DISGUISED AS A "CD" CASE. LOCATED in the GLOVE COMPARTMENT WERE TWO PACK S OF BUGLER ROLLING PAPERS. A SEARCH OF THE DEFENDANT'S SUITCASE REVEALED ANOTHER ZIP LOCK BAGGIE WITH MARIJUANA AND A METAL GRINDER/SEPARATOR. FURTHER SEARCH OF THE VEHICLE REVEALED NO OTHER CONTRABAND. AT THAT TIME, I DETAINED THE DRIVER AND PASSENGER AND READ THEM BOTH MIRANDA FROM THE AGENCY ISSUED LAW ENFORCEMENT FIELD GUIDE. I THEN ASKED BOTH PARTIES WHO THE NARCOTICS AND PARAPHERNALIA BELONGED TO. AT THAT TIME, THE DRIVER/DEFENDANT ADMITTED THEY WERE HIS. I ASKED THE DEFENDANT WHAT TYPE OF PILLS WERE IN THE BAG. HE ADVISED THE TWO ORANGE CAPSULES WERE ADDERALL, THE BLUE PILLS WERE SOME SORT OF MUSCLE RELAXER, THE SMALL ROUND PILL WAS AN OXYCONTIN, AND THE YELLOW RECTANGULAR PILL WAS XANAX. AT THAT TIME, I RELEASED THE PASSENGER AND ALLOWED HIM TO TAKE THE VEHICLE. THE DEFENDANT WAS PLACED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL AT THE DETENTION FACILITY, A CHECK OF THE PILLS ON "DRUGS.COM" REVEALED THAT THEY WERE ALL CONTROLLED SUBSTANCES FOR WHICH THE DEFENDANT DID NOT HAVE A PRESCRIPTION. DUE TO THE FACT THE DEFENDANT WAS EXTREMELY COOPERATIVE, I PLACED HIS BOND AT $2,000 FOR THE POSSESSION OF THE CONTROLLED SUBSTANCE AND HE WILL BE RELEASED ON HIS OWN RECOGNIZANCE ON THE OTHER CHARGES. THE NARCOTICS AND PARAPHERNALIA WILL BE PACKAGED AND TURNED IN TO EVIDENCE. THE DEFENDANT WAS ISSUED WARNING NUMBER 225763-B FOR RUNNING A RED LIGHT. *NOT-EXEMPT* |
