| Probable cause affidavit: |
SUBMITTED BY: BERGEN, JOHN 0519 (AR10113256) did knowingly, willfully and feloniously be in the actual or constructive possession of a controlled substance, to-wit: THE DEFENDANT DID HAVE IN HIS CONSTRUCTIVE POSSESSION .8 GRAMS OF METH AMPHETAMINES AND ONE HALF OF AN OXYCODONE PILL, in violation of Florida Statute 893.13(6)(A) 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: THE DEFENDANT DID HAVE IN HIS POSSESSION ONE GLASS SMOKING PIPE WITH METH AMPHETAMINE RESIDUE, ONE SMALL DIGITAL SCALE WITH METH AMPHETAMINE RESIDE AND ONE PIECE OF A STRAW , IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1) ON 021010 AT APPROXIMATELY 2220 HOURS, MYSELF AND DEPUTY LAKATIS WERE RIDING TOGETHER AND OBSERVED A VAN PARKED INTO A PARKING SPACE AT THE REAR MOST CORNER OF THE BP GAS STATION LOCATED AT ROCK CRUSHER ROAD AND 490. THERE WAS A GREEN VEHICLE THAT WAS PARKED IN THE SPACE NEXT TO THE VAN, AND SITUATED SO THAT THE DRIVER'S WINDOW OF BOTH VEHICLES WERE FACING ONE ANOTHER. BOTH VEHICLES WERE RUNNING, AND I COULD SEE that BOTH VEHICLES WERE OCCUPIED. THE REAR CORNER OF THE GAS STATION DOES NOT HAVE GAS PUMPS OR AN ENTRANCE TO THE STORE, SO IT SEEMED STRANGE THAT THE VEHICLES WERE PARKED there AND RUNNING. DEPUTY LAKATIS AND MYSELF THEN PARKED IN THE FRONT PART OF THE STORE. AT THAT TIME, THE GREEN VEHICLE LEFT THE PARKING LOT. DEPUTY LAKATIS AND MYSELF BOTH WALKED AROUND THE CORNER TOWARD THE VAN, AND AS I APPROACHED, I COULD CLEARLY SEE THE DRIVER. HE WAS A WHITE MALE, LATER IDENTIFIED AS MR ROBERT WILLIAMS, AND HE WAS COUNTING MONEY. I SHINED MY FLASHLIGHT TO ILLUMINATE THE INTERIOR OF THE VEHICLE, IDENTIFIED MYSELF, AND ASKED MR WILLIAMS WHAT HE WAS DOING. HE STATED THAT HE WAS JUST COUNTING SOME MONEY, AND SAID THAT HE WORKS FOR THE CHRONICLE AND PARKS TO MEET PEOPLE IN THAT PARKING LOT. I THEN ASKED MR WILLIAMS IF HE HAD ANY IDENTIFICATION, AT WHICH TIME HE STATED, YES, AND EXITED THE VEHICLE ON THE DRIVER'S SIDE. I ALSO WALKED AROUND TO THE DRIVER'S SIDE AT WHICH TIME MR WILLIAMS HANDED ME HIS IDENTIFICATION. HE WAS EXTREMELY NERVOUS, SHAKING, STUTTERING IN HIS SPEECH, AND WALKING AND PACING IN CIRCLES. DEPUTY LAKATIS THEN ASKED MR WILLIAMS IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE, TO WHICH MR WILLIAMS AT FIRST STATED NO, BUT, AFTER BEING ASKED again, HE STATED THAT THERE WAS A PIPE IN THE VEHICLE. I THEN ASKED HIM WHERE THE PIPE WAS, AND HE SAID BETWEEN THE DRIVER'S AND PASSENGER SEATS. UPON LOOKING IN THAT LOCATION, I FOUND A WHITE ROLLED UP TOWEL, AND WHEN UNROLLED, DISCOVERED IT CONTAINED A GLASS PIPE KNOWN TO ME TO BE USED FOR SMOKING METH AMPHETAMINES. IT ALSO HAD WHITE CRYSTAL LIKE RESIDUE CONSISTENT WITH METH AMPHETAMINES. I THEN ASKED MR WILLIAMS IF THERE WAS ANYTHING ELSE IN THE VEHICLE, and HE SAID THAT THERE WAS A SCALE IN THE SHAVING BAG LOCATED ON THE FLOOR NEAR THE CONSOLE. A SEARCH OF THE SHAVING BAG REVEALED A SMALL DIGITAL SCALE WITH METH AMPHETAMINE RESIDUE, AND A RED STRAW APPROXIMATELY TWO ON A HALF INCHES LONG WHICH HAD BEEN SEALED AT ONE END BY MELTING THE PLASTIC. THIS ITEM IS KNOWN TO ME BY TRAINING AND EXPERIENCE TO BE USED TO MEASURE OUT SMALL QUANTITIES OF POWER LIKE SUBSTANCES. AS I CONTINUED TO SEARCH THE DEFENDANT'S VEHICLE, I LOCATED UNDER THE REAR PORTION OF THE FRONT SEAT A LORCIN 380 AUTO PISTOL IN THE OVERHEAR CONSOLE BETWEEN THE DRIVER AND PASSENGER SEATS. I LOCATED A SMALL BLUE BOX, AND UPON OPENING THE BLUE BOX, I OBSERVED TWO CLEAR BAGGIES AND A PIECE OF SILVER FOIL FOLDED UP INTO A SILVER POUCH. ONE OF THE CLEAR BAGGIES HAD A WHITE POWDER RESIDUE, THE OTHER CLEAR BAGGIE WAS APPROXIMATELY ONE QUARTER FULL OF A CRYSTAL LIKE SUBSTANCE KNOWN TO ME TO BE METH AMPHETAMINES. AT THAT TIME, MR WILLIAMS WAS PLACED IN HANDCUFFS AND SEATED ON THE CURB. I CONTINUED TO SEARCH THE VEHICLE, AT WHICH TIME MR WILLIAMS STATED "YOU KNOW THAT'S NOT MY STUFF UP THERE. I didn't KNOW IT WAS THERE, WELL, I GUESS I DID, BUT IT'S NOT MY STUFF". I THEN OPENED THE SILVER FOIL POUCH CONTAINING ONE ROUND BLUE PILL WHICH I WAS NOT ABLE TO IDENTIFY, AND A HALF OF A LIGHT BLUE PILL WITH AN IMPRINT OF 30 ON ONE SIDE AN M ON THE OTHER. I MADE CONTACT WITH POISON CONTROL WHO ADVISED THAT they COULD NOT IDENTIFY THE BLUE PILL, BUT THE WHITE PILL WAS A 30 MILLIGRAM OXYCODONE, WHICH IS A SCHEDULED 2 NARCOTIC. NO FURTHER CONTRABAND WAS FOUND IN THE VEHICLE. THE DEFENDANT REQUESTED THAT HIS VEHICLE BE LEFT ON SCENE, AND THAT I CALL HIS WIFE TO PICK IT UP. I DID MAKE CONTACT WITH HER, AND SHE ADVISED THAT SHE WOULD COME AND GET IT. ALL CONTRABAND WAS PACKED AND WILL BE TURNED INTO EVIDENCE. MR WILLIAMS WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY HRYC, WHERE HIS BOND WAS SET AT $11,500.00 PER THE BOND SCHEDULE. UPON ARRIVAL AT THE DETENTION FACILITY I READ MR WILLIAMS HIS MIRANDA WARNING VIA PRE-PRINTED CARD. I ASKED MR WILLIAMS ABOUT THE METH AMPHETAMINE THAT WAS FOUND IN THE CONSOLE AREA. HE SAID HE MUST have FORGOTTEN THAT IT WAS UP THERE, AND HAS ONLY STARTED USING IT TWO MONTHS AGO AND THAT HE DOES NOT USE VERY MUCH. I THEN ASKED HIM ABOUT THE PILLS IN THE FOIL WRAPPER, AND HE SAID THAT THE HALF OF A PILL WAS AN OXYCODONE PILL THAT HIS WIFE USED FOR PAIN FOR ARTHRITIS. HE STATED THE THE BLUE PILL WAS A XANEX, HOWEVER, I WAS NOT ABLE TO CONFIRM THAT. MR WILLIAMS DID NOT have A PRESCRIPTION FOR EITHER MEDICATION. MR WILLIAMS DID EXPRESS TO ME THAT HE DOES WANT TO GET OFF OF METH AMPHETAMINES. *NOT-EXEMPT* |
