Probable cause affidavit: |
SUBMITTED BY: CALLAHAN, CRAIG 0643 (AR09109394) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: 24 GRAMS OF MARIJUANA, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). ON 060409 AT APPROXIMATELY 2235 HOURS, I WAS SITTING STATIONARY AT THE INTERSECTION OF US HIGHWAY 41 AND MOSSY OAK DRIVE, IN the CITY LIMITS OF INVERNESS. WHILE MONITORING THE STOP SIGN AT THE INTERSECTION, I OBSERVED A WHITE CHEVY PICK UP APPROACH THE INTERSECTION, AND TURN NORTH ON US HIGHWAY 41 FROM MOSSY OAK WITHOUT COMING TO A FULL AND COMPLETE STOP AT THE STOP SIGN. I THEN PLACED MY PATROL VEHICLE BEHIND THE WHITE CHEVY PICK UP, ACTIVATED MY EMERGENCY EQUIPMENT, AND CONDUCTED A TRAFFIC STOP IN the PARKING LOT OF BURGER KING LOCATED AT, 302 S US HIGHWAY 41. UPON MAKING CONTACT with THE DRIVER/DEFENDANT, WHO WAS IDENTIFIED AS, MR SCOTT FARTHING, I EXPLAINED TO HIM THE REASON FOR THE STOP. I THEN REQUESTED HIS DRIVER'S LICENSE AND VEHICLE REGISTRATION, TO WHICH HE WAS ABLE TO PROVIDE. I THEN RETURNED TO MY PATROL VEHICLE AND RAN THE DEFENDANT'S IDENTIFICATION THROUGH NCIC/FCIC, WHICH MET WITH NEGATIVE RESULTS. I AGAIN MADE CONTACT with THE DEFENDANT, AND RETURNED HIS INFORMATION. I ADVISED HIM that THIS TRAFFIC STOP WAS NOW CONCLUDED, AND THAT HE WOULD BE RECEIVING A VERBAL WARNING FOR THE TRAFFIC INFRACTION. PRIOR TO THE DEFENDANT LEAVING THE SCENE, I ASKED HIM IF THERE WERE ANY ILLEGAL NARCOTICS OR WEAPONS INSIDE THE VEHICLE, TO WHICH HE STATED, NO. I THEN ASKED THE DEFENDANT IF HE MINDED IF I SEARCHED HIS VEHICLE, INCLUDING ITS CONTENTS, TO WHICH HE FREELY AND VOLUNTARILY STATED THAT I COULD, AND ALLOWED ME ACCESS TO THE VEHICLE. WHILE SEARCHING THE VEHICLE, DEPUTY LAMBERT RESPONDED TO MY LOCATION AS BACK UP. UPON HIM DOING SO, HE MADE CONTACT WITH THE DEFENDANT. A SHORT TIME LATER, DEPUTY LAMBERT ADVISED ME THAT WHILE I WAS SEARCHING THE VEHICLE, THE DEFENDANT VOLUNTARILY ADMITTED THAT HE HAD MARIJUANA ON HIS PERSON, AND RETRIEVED THE MARIJUANA FROM HIS RIGHT FRONT PANTS POCKET. DEPUTY LAMBERT IMMEDIATELY TURNED OVER TO ME, THREE INDIVIDUALLY PACKAGED CLEAR PLASTIC SANDWICH BAGGIES CONTAINING A GREEN LEAFY SUBSTANCE. UPON OBSERVING THE GREEN LEAFY SUBSTANCE, IT WAS RECOGNIZED TO ME THROUGH MY TRAINING EXPERIENCE TO BE THAT OF MARIJUANA. AT THAT TIME, I ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF MARIJUANA. THE DEFENDANT VEHICLE WAS TURNED OVER TO HIS FRIEND PER HIS REQUEST. THE DEFENDANT WAS HANDCUFFED (DOUBLE-LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE EN ROUTE TO THE DETENTION FACILITY, I READ THE DEFENDANT HIS MIRANDA VIA PREPRINTED CARD, TO WHICH HE WAIVED HIS RIGHTS AND STATED THAT HE WISHED TO SPEAK WITH ME. THE DEFENDANT ADVISED THAT THE MARIJUANA WAS INDEED HIS, AND THAT HE REGRETTED TAKING IT FROM HIS RESIDENCE AND DRIVING with IT IN HIS POCKET. THE DEFENDANT FURTHER STATED THAT HE HAD JUST RECENTLY PURCHASED THE NARCOTICS THIS AFTERNOON. UPON ARRIVAL AT THE DETENTION FACILITY, THE MARIJUANA WAS WEIGHED AND DETERMINED TO WEIGH APPROXIMATELY 24 GRAMS. THE MARIJUANA WAS LATER PACKAGED and TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE LOCKER. the DEFENDANT'S BOND WAS SET AT $5,000.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |