| Probable cause affidavit: |
SUBMITTED BY: BERGEN, JOHN 0519 (AR08106639) 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 TWENTY GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B) AND 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: CANNABIS COMMONLY REFERRED TO AS MARIJUANA, SAID OBJECT BEING TWO PACKAGES OF CIGAR WRAPPERS COMMONLY KNOWN AS BLUNTS, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1). ON 121008, WHILE TRAVELING SOUTHBOUND ON US HIGHWAY 19, I OBSERVED IN FRONT OF ME, A WHITE ACURA BEARING FLORIDA LICENSE PLATE NUMBER 550JUZ. IT APPEARED THAT THE LICENSE PLATE WAS ONLY HELD ON BY ONE BOLT ON THE UPPER RIGHT SIDE, THE LEFT SIDE OF THE LICENSE PLATE WAS HANGING DOWN and SWAYING. I INITIATED A TRAFFIC STOP ON the VEHICLE, WHERE IT CAME TO REST IN the PARKING LOT OF PIZZA HUT. I MADE CONTACT WITH the DRIVER, AND ADVISED HIM THE REASON FOR THE STOP. I OBTAINED ALL OF THE OCCUPANTS' IDENTIFICATION CARDS AND RETURNED TO MY PATROL VEHICLE. WHILE SEATED IN MY PATROL VEHICLE RUNNING EVERYONE, I OBSERVED THE FRONT SEAT PASSENGER LEAN DOWN TOWARDS THE CENTER CONSOLE TWO OR THREE TIMES. I ALSO OBSERVED THE REAR MIDDLE PASSENGER, A FEMALE LATER IDENTIFIED AS A JUVENILE, LEAN TOWARDS THE FRONT EACH TIME THE FRONT SEAT PASSENGER LEANED DOWN. UPON CHECKING ALL OF THE OCCUPANTS IDENTIFICATION'S THEY WERE NEGATIVE FOR WANTS OR WARRANTS. I THEN RETURNED TO THE VEHICLE, AND ASKED THE DRIVER TO STEP BACK AND SPEAK WITH ME. I RETURNED HIS INFORMATION AND ADVISED HIM THAT I BELIEVED THAT THE FRONT SEAT PASSENGER HID SOMETHING, AND HE STATED THAT HE DID NOT KNOW OF ANYTHING THAT WAS IN THE VEHICLE. I THEN RETRIEVED THE MIDDLE REAR SEAT PASSENGER/JUVENILE, AND SPOKE WITH HER AND SHE ADVISED THAT THE FRONT SEAT PASSENGER HAD PASSED HER A BOX OF NEWPORT CIGARETTES WHICH CONTAINED A CLEAR PLASTIC BAGGIE CONTAINING MARIJUANA. SHE STATED THAT SHE PUT IT UNDER THE FRONT DRIVER SEAT. I THEN MADE CONTACT WITH THE FRONT SEAT PASSENGER AND DETAINED HIM IN HANDCUFFS. I THEN LOOKED UNDER THE FRONT SEAT, AND OBSERVED THE NEWPORT CIGARETTES. UPON OPENING THE PACKAGE, I OBSERVED A clear PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE known TO ME THROUGH MY TRAINING AND EXPERIENCE TO BE MARIJUANA. I THEN ADVISED THE FRONT SEAT PASSENGER HE WAS UNDER ARREST and READ HIM HIS MIRANDA FROM A PREPRINTED CARD, TO WHICH HE STATED THAT HE UNDERSTOOD his RIGHTS AND WOULD SPEAK WITH ME. I QUESTIONED HIM ABOUT THE MARIJUANA, WHICH HE DID ADMIT WAS HIS. A FURTHER SEARCH OF THE VEHICLE REVEALED IN THE GLOVE COMPARTMENT, IMMEDIATELY IN FRONT OF WHERE THE DEFENDANT WAS SITTING, TWO PACKAGES OF CIGAR WRAPPERS COMMONLY KNOWN AS BLUNT WRAPPERS USED FOR SMOKING MARIJUANA. NO OTHER CONTRABAND WAS FOUND IN the VEHICLE, AND THE other OCCUPANTS WERE RELEASED AT THE SCENE. THE DEFENDANT WAS THEN TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY WHERE HE WAS RELEASED ON HIS OWN RECOGNIZANCE DUE TO his COOPERATION. the MARIJUANA AND PARAPHERNALIA WERE PACKAGED and WILL BE TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. *NOT-EXEMPT* |
