Probable cause affidavit: |
SUBMITTED BY: PAYNE, JONATHAN 0305 (AR09107651) DID UNLAWFULLY AND KNOWINGLY HAVE IN HER 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). AND DID UNLAWFULLY HAVE IN HER 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: GLASS SMOKING BOWL, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B), AND DID UNLAWFULLY HAVE IN HER 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 HITTER PIPE WITH WOODEN STORAGE CONTAINER, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1). ON 021209, I OBSERVED A BEIGE IN COLOR GMC PICKUP TRUCK TRAVELING NORTH ON HIGHWAY 19 AT A SPEED IN EXCESS OF THE POSTED 55 MILES PER HOUR (MPH) SPEED LIMIT. I THEN INITIATED A TRAFFIC STOP WHERE I MADE CONTACT WITH THE DRIVER/DEFENDANT (MS SANDRA RAUCH) AND THE OWNER OF THE VEHICLE, WHO WAS SEATED IN THE PASSENGER'S SEAT. A COMPUTER CHECK OF THE LICENSE PLATE REVEALED THE REGISTERED OWNER HAD A WARRANT OUT OF CITRUS COUNTY, WHICH WAS CONFIRMED. THE PASSENGER/OWNER OF THE VEHICLE WAS PLACED UNDER ARREST. THE VEHICLE WAS THEN SEARCHED INCIDENT TO ARREST WHERE A ONE HITTER PIPE WAS LOCATED BETWEEN FRONT SEATS. THE DEFENDANT IMMEDIATELY STATED THAT THE PIPE WAS HERS AND NOT HER BOYFRIENDS. I CONTINUED TO SEARCH THE VEHICLE WHERE NEAR THE GLOVE COMPARTMENT I COULD DETECT A STRONG ODOR OF WHAT I BELIEVED TO BE MARIJUANA EMITTING FROM GLOVE COMPARTMENT AREA. I PULLED THE SIDE TABS ON THE GLOVE COMPARTMENT WHICH LET THE COMPARTMENT FOLD FORWARD. AT THAT TIME, I OBSERVED A BAG OF MARIJUANA WEIGHING APPROXIMATELY 4.5 GRAMS STUFFED IN BEHIND COMPARTMENT. I CONTINUED SEARCH AND LOCATED BEHIND THE FRONT SEATS ANOTHER BAG OF MARIJUANA WEIGHING APPROXIMATELY 18 GRAMS. ALSO, NEXT TO THAT WAS LOCATED A GLASS SMOKING BOWL. THE DEFENDANT SAW THESE ITEMS IN MY HAND AND AGAIN STATED THAT IT WAS ALL HERS. THE DEFENDANT WAS THEN PLACED UNDER ARREST AND PLACED IN THE REAR OF DEPUTY REEVES' VEHICLE. I THEN ASKED HER IF ANY OF THE MARIJUANA WAS HER BOYFRIEND'S, TO WHICH SHE STATED NO, IT WAS ALL HERS. SHE WAS THEN TRANSFERRED TO MY VEHICLE WHERE I ALLOWED HER TO USE PHONE TO HAVE SOMEONE REMOVE THE VEHICLE. SHE HAD CONTACTED HER MOTHER AND WHILE ON THE PHONE I HEARD HER STATE TO HER MOTHER THAT SHE WAS BEING ARRESTED BECAUSE THEY HAD FOUND HER MARIJUANA THAT WAS IN THE VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING. THE DEFENDANT WAS ISSUED WARNING CITATION NUMBER 244371B, FOR UNLAWFUL SPEED, 55 MPH IN A 45 MPH SPEED ZONE. HER BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |