| Probable cause affidavit: |
SUBMITTED BY: POLLARD, RANDALL 0677 (AR10116744) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS 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). 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: CIGARETTE ROLLING PAPERS, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 090910 I RESPONDED TO THE AREA OF NE 8TH AVENUE TO BOLO FOR A VEHICLE WHICH HAD JUST BEEN INVOLVED IN A BURGLARY IN THE AREA OF 486 AND WEST GULF TO LAKE HIGHWAY. DISPATCH DID ADVISE THAT ONE OF THE SUBJECTS INVOLVED IN THE BURGLARY WAS KNOWN BY HER FIRST NAME AND I WAS FAMILIAR WITH THE SUBJECT DUE TO PAST ENCOUNTERS. I DID KNOW THAT THE FEMALE SUBJECT OFTEN VISITS THE NE 8TH APARTMENTS LOCATED ACROSS FROM CRYSTAL RIVER HIGH SCHOOL. IN THE AREA OF NE 8TH AVENUE AND NE 6TH TERRACE I MADE CONTACT WITH A CITIZEN, WHO ALSO VISITS THOSE APARTMENTS FREQUENTLY AND ASKED THEM WHERE I COULD MAKE CONTACT WITH THE WHITE FEMALE, TO WHICH SHE STATED SHE WAS AT THE NE 8TH APARTMENTS AND SHE ARRIVED WITH A SUBJECT WHO WAS A WHITE MALE DRIVING A GREEN FOUR DOOR BUICK. I THEN RESPONDED TO THE APARTMENTS ON NE 8TH AVENUE AND NE 9TH STREET, WHERE I DID OBSERVE A TURQUOISE FOUR DOOR BUICK MATCHING THE DESCRIPTION THAT WAS GIVEN TO ME BY THE CITIZEN. AT THAT TIME I SAW THE DEFENDANT, NOW IDENTIFIED AS SCOTT IRVIN, STANDING ON THE PASSENGER SIDE OF THAT VEHICLE WITH THE DOOR OPEN. AT THAT TIME I ASKED THE DEFENDANT WHERE THE WHITE FEMALE SUBJECT THAT WAS INVOLVED IN THE BURGLARY WAS, TO WHICH HE STATED HE DID NOT KNOW. AT THAT TIME THERE WERE RESIDENTS STANDING IN THE PARKING LOT OF THE APARTMENT COMPLEX, WHO DIRECTED ME TO WHERE THE WHITE FEMALE SUBJECT WAS LOCATED. UPON MAKING CONTACT WITH THAT WHITE FEMALE SUBJECT, SHE DID ADVISE ME THAT SHE RODE TO THE APARTMENT WITH THE DEFENDANT, SCOTT IRVIN. AT THAT TIME I PLACED BOTH SUBJECTS IN HANDCUFFS AND INFORMED THEM THEY WERE BEING DETAINED, PENDING DEPUTY LUDLOW 0214'S BURGLARY INVESTIGATION. I THEN READ THE DEFENDANT HIS MIRANDA RIGHTS VIA PRE-PRINTED CARD AND ASKED HIM IF HE WISHED TO SPEAK TO ME, TO WHICH HE STATED HE WOULD. I THEN ASKED THE DEFENDANT IF THERE WAS ANYTHING IN HIS VEHICLE, SUCH AS WEAPONS OR NARCOTICS, TO WHICH HE STATED THERE WAS NOT. I THEN ASKED FOR PERMISSION TO SEARCH THAT VEHICLE, TO WHICH HE HESITANTLY SAID YES. AT THAT TIME I CONDUCTED A SEARCH OF THE VEHICLE. UPON SEARCHING THE CONSOLE I FOUND J.O.B. INCH AND A QUARTER PAPERS, COMMONLY USED FOR INHALING MARIJUANA. IN THE PASSENGER SEAT OF THE VEHICLE I FOUND A CLEAR PLASTIC BAGGIE CONTAINING WHAT I RECOGNIZE THROUGH MY TRAINING AND EXPERIENCE TO BE MARIJUANA. AT THAT TIME I COMPLETED MY SEARCH OF THE VEHICLE AND RETURNED TO SPEAK TO THE DEFENDANT REGARDING WHAT I HAD FOUND. I FIRST ASKED THE DEFENDANT IF HE SMOKES MARIJUANA, TO WHICH HE STATED HE DOES NOT. HE ALSO STATED HE HAS NEVER TRIED IT. I THEN ASKED HIM WHY HE HAD THE CIGARETTE ROLLING PAPERS IN HIS CENTER CONSOLE, TO WHICH HE STATED THAT HE SOMETIMES SMOKES MARIJUANA WHEN HE RUNS OUT OF CIGARETTES. THE DEFENDANT STATED THAT THE MARIJUANA WAS NOT HIS AND THAT IT BELONGED TO THE FEMALE SUBJECT. I THEN ASKED THE DEFENDANT IF HE TOUCHED THE BAG OF MARIJUANA, TO WHICH HE STATED HE DID NOT, THAT HE HAD NO IDEA THERE WAS EVEN MARIJUANA INSIDE THE VEHICLE. I THEN ASKED THE DEFENDANT IF THERE WAS ANY REASON WHY HIS FINGERPRINTS WOULD BE LOCATED ON THE BAGGIE OF MARIJUANA, AT WHICH TIME HE STATED THAT THE FEMALE SUBJECT HANDED HIM THE MARIJUANA SO HIS PRINTS MAY BE ON THERE. THE DEFENDANT'S STORIES WERE VERY CONFLICTED. I THEN INFORMED THE DEFENDANT I WOULD BE PLACING HIM UNDER ARREST FOR POSSESSION OF MARIJUANA, ALONG WITH POSSESSION OF DRUG PARAPHERNALIA. AT WHICH TIME HE WAS PLACED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE MARIJUANA WAS WEIGHED AT THE DETENTION FACILITY AND WEIGHED APPROXIMATELY 2.5 GRAMS, INCLUDING HE CLEAR PLASTIC BAGGIE. THE MARIJUANA THAT WAS SEIZED, ALONG WITH THE CIGARETTE ROLLING PAPERS, WILL BE PLACED INTO EVIDENCE AT THE EMERGENCY OPERATIONS CENTER. THE DEFENDANT'S BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. . "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
