| Probable cause affidavit: |
SUBMITTED BY: WEAKS, DANIEL 0553 (AR08104856) did, knowing HIS driver's license or driving privilege had been cancelled, suspended or revoked, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, FELONY THIRD OFFENSE, in violation of Florida Statute 322.34(2)(C); AND DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY DANIEL WEAKS WITH THE CITRUS COUNTY SHERIFF'S OFFICE, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: REFUSED TO FOLLOW DIRECTIONS FROM DEPUTY, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH DEPUTY, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 082408, I WAS MONITORING TRAFFIC AT THE INTERSECTION OF EAST TRAILS END ROAD AND KANGA WAY. AT APPROXIMATELY 1123 HOURS, I OBSERVED A BLUE NISSAN MARANO BEING DRIVEN BY MR ROBERT MERRIHUE (DEFENDANT), WHICH I KNOW FROM PREVIOUS CITIZEN COMPLAINTS AND PREVIOUS INCIDENTS, REFER TO CASE 08060405 REGARDING DRIVING WHILE LICENSE SUSPENDED. THE DEFENDANT WAS DRIVING TOWARDS MY LOCATION AT KANGA AND TRAILS END ROAD, BUT ONCE HE OBSERVED MY PATROL VEHICLE HE SUDDENLY AND AGGRESSIVELY STOPPED IN THE ROADWAY ON EAST TRAILS END ROAD, BACKED UP AND TURNED AROUND IN THE ROADWAY. THE DEFENDANT THEN SPED OFF. I IMMEDIATELY FOLLOWED AND ACTIVATED MY LIGHTS AND SIREN TO INITIATE A TRAFFIC STOP. THE DEFENDANT TURNED INTO the SIDE YARD OF the RESIDENCE AT 10676 EAST TRAILS END ROAD IN AN ATTEMPT TO ELUDE THIS DEPUTY. ONCE THE DEFENDANT WAS PARALLEL TO THAT RESIDENCE IN the SIDE YARD HE STOPPED HIS VEHICLE AND IMMEDIATELY EXITED. I ALSO IMMEDIATELY EXITED MY PATROL VEHICLE AND ADVISED HIM TO GET BACK IN HIS VEHICLE, TO which HE DID NOT COMPLY. THE DEFENDANT SHOUTED, "WHAT DID I DO? I AM IN MY OWN YARD. YOU CANNOT DO ANYTHING!" I ADVISED THE DEFENDANT TO GET BACK IN HIS VEHICLE. THE DEFENDANT THEN TURNED AROUND TOWARD his VEHICLE, PULLED OUT his CELL PHONE AND STARTED CALLING UNKNOWN PERSON AND THEN STARTED TO WALK AWAY FROM HIS VEHICLE and THIS DEPUTY. I AGAIN ADVISED HIM TO GET BACK IN HIS VEHICLE AND HANG UP HIS PHONE, TO WHICH HE AGAIN STATED, "I AM IN MY OWN YARD. I DID NOT DRIVE ON the ROAD." THE DEFENDANT AGAIN ATTEMPTED TO WALK AWAY FROM HIS VEHICLE AND THIS DEPUTY and CONTINUED TO BE VERBALLY ARGUMENTATIVE WITH THIS DEPUTY. I THEN APPROACHED THE DEFENDANT and TOLD HIM TO STOP, TURN AROUND AND PLACE HIS HANDS BEHIND HIS BACK, TO WHICH HE COMPLIED. I THEN HANDCUFFED DOUBLE LOCKED THE DEFENDANT AND PLACED HIM IN THE RIGHT REAR SEAT OF MY PATROL VEHICLE. HE WAS ADVISED that HE WAS UNDER ARREST FOR RESISTING WITHOUT VIOLENCE AND FOR DRIVING WHILE LICENSE SUSPENDED/REVOKED (DWLS). I THEN SEARCHED THE DEFENDANT'S VEHICLE INCIDENT TO ARREST, WHICH WAS MET WITH NEGATIVE RESULTS FOR LOCATING ANYTHING ILLEGAL. I AGAIN VERIFIED THAT the DEFENDANT'S DRIVER'S LICENSE STATUS IS SUSPENDED And IT WAS CONFIRMED THAT HE DOES HAVE TWO PRIOR CONVICTIONS FOR DRIVING WHILE LICENSE/REVOKED, ONE 020707 IN PINELLAS COUNTY AND THE OTHER ON 050506 IN PASCO COUNTY. PRIOR TO MY DEPARTURE, I MADE CONTACT WITH THE DEFENDANT'S SPOUSE AND SHE RETRIEVED the VEHICLE FROM HER NEIGHBOR'S YARD. THE DEFENDANT WAS THEN TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. HIS TOTAL BOND WAS SET AT $2,500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM CRIMINAL TRAFFIC CITATION NUMBER 0141-FIR2, FOR DWLS THIRD OFFENSE WITH A MANDATORY COURT DATE OF 091108 AT 1300 HOURS. *NOT-EXEMPT* |
