| Probable cause affidavit: |
SUBMITTED BY: PEARCE, SERGIO (FHP) (AR17-22695) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS AT 15.8 GRAMS, 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: CLEAR PLASTIC BAGGIES, IN VIOLATION OF FLORIDA STATE STATUTE, 893.147(1). ON THE LISTED DATE AND TIME, IN CITRUS COUNTY, FLORIDA, AFFIANT ENCOUNTERED THE LISTED VEHICLE, SUCH BEING A 2015 BLACK IN COLOR, CHEVROLET, FOUR DOOR SEDAN âMALIBUâ TYPE SEDAN BEARING FLORIDA PLATE OF Y68DQW, VIN/1G11F5SLXFF179489, DRIVEN BY THE LISTED DRIVER/DEFENDANT DURING A TRAFFIC STOP REFERENCE TO UNLAWFUL SIDE AND WINDSHIELD TINT (ENTIRE). SAID VEHICLE WAS TRAVELING NORTHBOUND UPON US41 JUST NORTH OF STATE ROAD 200 SPLIT. AS A RESULT, I OVERTOOK THE VEHICLE, WHICH CONSEQUENTLY YIELDED, TO MY TRAFFIC STOP. ONCE STOPPED AND UPON APPROACH VIA THE DRIVER SIDE, I MADE CONTACT WITH THE DRIVER AND THE TWO OTHER ADULT FEMALE OCCUPANTS; RIGHT FRONT AND RIGHT REAR SEAT RESPECTIVELY. SUCH DRIVER WAS IDENTIFIED AS BEING A BLACK MALE NAMED SHANE RANARD WEAVER, WITH A DOB-07/02/1991, (DRIVER LICENSE FL-W-160-796-91-242-0. AT THAT TIME, THE ODOR OF CANNABIS WAS DETECTED EMITTING FROM WITHIN THE VEHICLE, AND NOTICEABLE MARIJUANA SHAKE WAS ALSO NOTED WITHIN THE INTERIOR OF SAID VEHICLE. AS A RESULT, I ASKED DRIVER REFERRED AS DEFENDANT WEAVER FROM THIS POINT FORWARD, TO STEP OUT OF THE VEHICLE AND TO MEET ME OUTSIDE TO DISCUSS FURTHER TRAFFIC STOP RELATED BUSINESS, TO WHICH HE COMPLIED. AT THAT TIME, I ADVISED DEFENDANT WEAVER THAT I COULD SMELL THE ODOR OF MARIJUANA. AFFIANT ASKED DEFENDANT WEAVER ABOUT HIS MARIJUANA USAGE AND THE LAST TIME HE SMOKED. DEFENDANT WEAVER STATED THAT HE SMOKED MARIJUANA AND SMOKED IT PREVIOUSLY. A PROBABLE CAUSE SEARCH ENSUED OF BOTH THE DRIVER AND THE STOPPED VEHICLE. SUCH SEARCH REVEALED UNDER THE DRIVER SIDE HEADLINER, A ROLLED BROWN IN COLOR PAPER NAPKIN, AND TWO CLEAR VACUUM SEAL TYPE PLASTIC BAGGIES ALL CONTAINING A GREEN LEAFY SUBSTANCE (APPROXIMATELY TOTAL 15.8 GRAMS OF MARIJUANA W/PACKAGING). SUCH GREEN LEAFY SUBSTANCE FIELD TESTED POSITIVE FOR MARIJUANA WITH APPROXIMATELY OF 15.8 GRAMS; WITH PACKAGING. SAME MARIJUANA WAS TESTED BY USING AN FHP ISSUED FIELD MARIJUANA TEST KIT, FOLLOWED THE INSTRUCTION, AND WEIGHED THE LISTED MARIJUANA BY USING FHP ISSUED SCALE âOHAUS SCALE # 8337047176â, BY AFFIANT. DEFENDANT WEAVER WAS READ HIS MIRANDA RIGHTS, FROM PRE-PRINTED FHP ISSUED CARD BY AFFIANT. AT THAT TIME, DEFENDANT WEAVER AGREED TO SPEAK TO AFFIANT CLAIMING OWNERSHIP OF THE DISCOVERED MARIJUANA AS HE APOLOGIZED FOR NOT BEING FORTHCOMING. DEFENDANT WEAVER WAS IN GOOD FAITH TAKEN INTO CUSTODY VIA WAY OF ARREST, CHARGED ACCORDINGLY AND AS LISTED AND TRANSPORTED TO THE CITRUS COUNTY JAIL WITHOUT FURTHER INCIDENT, HANDCUFFED BEHIND HIS BACK (1 SET), DOUBLE LOCKED & AT INDEX FINGER MEASUREMENT BY TRANSPORTING CITRUS DEPUTY CASALVIERI. THE COLLECTED EVIDENCE WAS TAKEN AS EVIDENCE AND I SUBMITTED SAME INTO THE BROOKSVILLE ââTSFââ EVIDENCE FACILITY WITHOUT FURTHER INCIDENT BY AFFIANT PRIOR TO END OF SHIFT. THE AFOREMENTIONED STOPPED VEHICLE WAS TOWED AS PER FHP POLICY; OCCUPANTS REMOVING ALL VALUABLES PRIOR TO TOW. DEFENDANT WEAVER WAS ISSUED A WRITTEN TRAFFIC TICKET UTC #A7J85LE REFERENCE THE UNLAWFUL WINDSHIELD TINT (TOTAL) AND A WARNING FOR THE UNLAWFUL SIDE TINT. TYPED BY FHP TROOPER SERGIO PEARCE 813 |
