| Probable cause affidavit: |
submitted by: TULLY, JAMES 1342 (AR16-21800)(16-164428) DEPUTY SHERIFF TRAINEE HELFRITZ, KYLE 1444 DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: .8 GRAMS OF HEROIN, IN VIOLATION OF FLORIDA STATE 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: SEVERAL USED HYPODERMIC NEEDLES AND GLASS PIPES FOR SMOKING NARCOTICS, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1) ON 120116, AT APPROXIMATELY 0120 HOURS, WHILE CONDUCTING TRAFFIC ENFORCEMENT IN THE AREA OF EAST GULF TO LAKE HIGHWAY AND SOUTH FLORIDA AVENUE I WAS BEHIND A SILVER LINCOLN BEARING FLORIDA LICENSE PLATE, HIHA33. I OBSERVED the VEHICLE TO FAIL TO COME TO A COMPLETE STOP BEHIND THE STOP BAR AT THE INTERSECTION LISTED ABOVE. AS THE VEHICLE TURNED EASTBOUND ONTO EAST GULF TO LAKE HIGHWAY I WAS TRAVELING BEHIND the VEHICLE WHERE I COULD OBSERVE THROUGH THE CLEAR, UN-TINTED WINDOWS THAT THE WINDSHIELD OF THE VEHICLE WAS CRACKED IN SEVERAL DIFFERENT PLACES, OBSTRUCTING THE DRIVERâS VIEW. AT THAT TIME, I INITIATED A TRAFFIC STOP ON THE VEHICLE AT THE CADENCE BANK PARKING LOT LOCATED AT THE INTERSECTION ABOVE. UPON MAKING CONTACT WITH THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT MR SEAN MCCORMICK, I INFORMED HIM OF THE REASON FOR THE STOP AND REQUESTED HIS DRIVER LICENSE, REGISTRATION, AND PROOF OF INSURANCE, TO WHICH HE PROVIDED ME WITH. AT THAT TIME, I OBSERVED the SECOND DEFENDANT, MR KEVIN HEALEY IN THE FRONT PASSENGER SEAT and THE THIRD DEFENDANT, MR MATTHEW BALLEIN, in the REAR SEAT BEHIND the DRIVER. I THEN ASKED DEFENDANT HEALEY AND DEFENDANT BALLEIN IF they HAD ANY IDENTIFICATION, TO which DEFENDANT HEALEY PROVIDED ME WITH HIS FLORIDA IDENTIFICATION CARD and ADVISED THE VEHICLE BELONGED TO HIM. DEFENDANT BALLEIN ADVISED HE DID NOT HAVE ANY IDENTIFICATION, BUT VOLUNTARILY PROVIDED HIS NAME AND DATE OF BIRTH TO THIS DEPUTY. AT THAT TIME, I ASKED DEFENDANT MCCORMICK IF THERE WAS ANYTHING ILLEGAL in the VEHICLE AND IF HE WOULD CONSENT TO A SEARCH OF THE VEHICLE, TO WHICH HE STATED THAT HE WOULD BUT THE VEHICLE BELONGED TO DEFENDANT HEALEY. I ASKED DEFENDANT HEALEY IF HE WOULD GIVE THIS DEPUTY CONSENT TO SEARCH HIS VEHICLE TO WHICH HE STATED HE WOULD. AT THAT TIME, I RETURNED TO MY PATROL VEHICLE TO RUN ALL OF THE OCCUPANTS. UPON RUNNING DEFENDANT MCCORMICK I DISCOVERED THAT HIS DRIVING PRIVILEGE HAD BEEN SUSPENDED ON 112216. AT THAT TIME DEPUTY TITUS (1243) AND DEPUTY DONCOURT (1396) ARRIVED ON SCENE. DEPUTY TITUS INFORMED ME THAT HE OBSERVED DEFENDANT BALLEIN DRIVING the VEHICLE EARLIER TODAY. DEFENDANT MCCORMICK AND DEFENDANT BALLEIN WERE THEN ISSUED FLORIDA UNIFORM TRAFFIC CITATIONS FOR DRIVING WHILE LICENSE SUSPENDED AND DRIVING WITH NO VALID DRIVER LICENSE. the DEFENDANTS WERE THEN REMOVED from the VEHICLE SO THAT AN INTERIOR SEARCH COULD BE CONDUCTED. UPON SEARCHING DEFENDANT MCCORMICKâS IMMEDIATE AREA A BLACK IN COLOR LUNCH BOX WAS LOCATED WHICH CONTAINED SEVERAL DIFFERENT GLASS PIPES, COMMONLY USED FOR SMOKING CRACK COCAINE AND MARIJUANA. ALSO INSIDE OF THE BLACK LUNCHBOX WAS A CLEAR PLASTIC BAGGIE WITH A BROWN POWDERY SUBSTANCE, which I RECOGNIZED THROUGH MY TRAINING AND EXPERIENCE TO BE CONSISTENT with HEROIN. THERE WERE SEVERAL USED HYPODERMIC NEEDLES LOCATED IN the BLACK LUNCHBOX AS WELL. THE CRACK PIPE WAS FIELD TESTED UTILIZING AN AGENCY ISSUED TEST KIT and TESTED POSITIVE FOR THE PRESENCE OF COCAINE. THE MARIJUANA PIPES WERE FIELD TESTED UTILIZING AN AGENCY ISSUED TEST KIT WHICH TESTED POSITIVE FOR THE PRESENCE OF CANNABIS. THE BROWN POWDERY SUBSTANCE WAS ALSO FIELD TESTED UTILIZING AN AGENCY ISSUED TEST KIT AND TESTED POSITIVE FOR THE PRESENCE OF HEROIN. the HYPODERMIC NEEDLES WERE FIELD TESTED AND TESTED POSITIVE FOR THE PRESENCE OF HEROIN. POST MIRANDA INTERVIEW IT WAS DETERMINED DEFENDANT MCCORMICK OWNED THE BLACK LUNCHBOX AND ALL OF THE CONTENTS IN IT. DEFENDANT MCCORMICK WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE. DEFENDANT MCCORMICK WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL DEFENDANT MCCORMICK WAS TURNED OVER TO STAFF FOR BOOKING AND PROCESSING. DEFENDANT MCCORMICK WAS CHARGED WITH ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE WHERE HIS BOND WAS SET AT $2,000.00 AND POSSESSION OF DRUG PARAPHERNALIA WHERE HIS BOND WAS SET AT $1,000.00, FOR A TOTAL OF $3,000.00 PER THE BOND SCHEDULE. NO FURTHER ACTION TAKEN BY THIS DEPUTY. |
