| Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0652\tAR14-11220 \tdid, knowing HIS driver's license or driving privilege had been cancelled, suspended or revoked AS A HABITUAL TRAFFIC OFFENDER, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.34(5), AND \t 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: USED SYRINGE THAT TESTED POSITIVE FOR METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1), AND THE DEFENDANT DID VIOLATE FLORIDA STATE STATUTE NUMBER 320.261; TO WIT, THE DEFENDANT ATTACHED A TAG NOT ASSIGNED TO THE VEHICLE HE WAS DRIVING. ON 071414, AT APPROXIMATELY 1500 HOURS, A GREEN JEEP CHEROKEE BEARING FLORIDA TAG NUMBER 6471BS WAS OBSERVED IN THE PARKING LOT OF THE SENIORS CLUB LOCATED AT 299 EAST GULF TO LAKE HIGHWAY. AT THAT TIME, THE TAG NUMBER WAS RUN THROUGH FCIC/NCIC AND I WAS GIVEN A RESPONSE THAT THE TAG WAS NO LONGER REGISTERED TO A VEHICLE. WHILE WAITING FOR THE VEHICLE TO LEAVE, I CONTACTED THE CITRUS COUNTY TAG OFFICE TO INQUIRE ABOUT THE TAG. I WAS ADVISED THAT THE TAG USE TO BE ON A GREEN FORD TRUCK, HOWEVER THAT VEHICLE WAS SOLD AND never REASSIGNED. AT THAT TIME, DEPUTY POLLARD BEGAN CONDUCTING SURVEILLANCE ON THAT VEHICLE AND A SHORT TIME LATER OBSERVED A WHITE MALE WHO HE RECOGNIZED TO BE the DEFENDANT, MR ROGER FILLMORE, TO BE GETTING INTO THE VEHICLE. DEPUTY POLLARD THEN RELAYED TO ME THAT THE VEHICLE WAS LEAVING THE PARKING LOT AND WAS HEADING EASTBOUND ON EAST GULF TO LAKE HIGHWAY. I THEN CAUGHT UP TO THE VEHICLE AND ACTIVATED MY LIGHTS AND SIREN. I STOPPED THE VEHICLE AT EAST GULF TO LAKE HIGHWAY AND TIGHE AVENUE. UPON MAKING CONTACT WITH the DRIVER/DEFENDANT, HE WAS ASKED FOR HIS DRIVER'S LICENSE. HE ADVISED THAT HE DID NOT HAVE ONE BECAUSE IT WAS SUSPENDED. HE WAS THEN TAKEN OUT OF THE VEHICLE, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, AND SECURED IN THE REAR OF MY PATROL VEHICLE. CANINE DEPUTY C PHILLIPS RESPONDED to the SCENE AND UTILIZED CANINE KENO TO CONDUCT A FREE AIR SNIFF OF THE VEHICLE. I WAS ADVISED BY DEPUTY PHILLIPS THAT HIS CANINE ALERTED, AT WHICH TIME I BEGAN TO SEARCH the VEHICLE. I BEGAN WITH THE COMPARTMENT AND OPENED the GLOVE BOX WHERE I LOCATED A USED SYRINGE INSIDE. I THEN SWABBED the INSIDE OF THE SYRINGE AND IT FIELD TESTED POSITIVE FOR METHAMPHETAMINE. I THEN INTERVIEWED THE DEFENDANT AND READ HIM HIS MIRANDA RIGHTS VIA PRE-PRINTED CARD. THE DEFENDANT ADVISED HE UNDERSTOOD HIS RIGHTS AND DID WISH TO SPEAK WITH ME. THE DEFENDANT WAS ASKED ABOUT THE SYRINGE. HE ADVISED THAT HIS FRIEND MUST HAVE LEFT IT IN THERE. the DEFENDANT WAS ASKED ABOUT THE TAG ON the VEHICLE AND HE ADVISED THAT IT BELONGED TO HIS GIRLFRIEND, WHO HAD IT ON A TRUCK THAT SHE SOLD. HE ADVISED THAT HE PUT THE TAG ON THE VEHICLE BECAUSE HE HAS TO MAKE A LIVING USING THE VEHICLE. A "D.A.V.I.D." CHECK OF THE DEFENDANT'S DRIVER'S LICENSE REVEALED THAT THE DEFENDANT WAS A HABITUAL TRAFFIC OFFENDER, WHICH TOOK AFFECT ON 071514 AFTER SEVERAL PREVIOUS SUSPENSIONS ON 071414, 020514, 101513, AND 072913. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR HIS HABITUAL TRAFFIC OFFENDER RESTRICTION, FOR POSSESSION OF DRUG PARAPHERNALIA, AND FOR HAVING ATTACHED TAG THAT IS NOT ASSIGNED. THE DEFENDANT WAS TRANSPORTED TO THE COUNTY JAIL FOR BOOKING AND PROCESSING. HIS TOTAL BOND WAS SET AT $3,500.00, PER THE BOND SCHEDULE. THE DEFENDANT'S VEHICLE WAS TOWED BY PRECISION TOWING. THE SYRINGE WAS PACKAGED AND LATER TURNED INTO EVIDENCE. THE DEFENDANT WAS ISSUED CRIMINAL TRAFFIC CITATION NUMBER A126Y6P FOR HABITUAL SUSPENSION, AND A126Y7P FOR ATTACHED TAG NOT ASSIGNED. BOTH WERE GIVEN A COURT DATE OF 081414 AT 1300 HOURS. |
