| Probable cause affidavit: |
did then and there unlawfully have in (A) actual or constructive possession OF a certain habit-forming, toxic, harmful, new or legend drug subject to Section 499.003, Florida Statutes, to-wit: THE DEFENDANT HAD LAMOTRIGNE, AT 100 MILLIGRAMS; CYBCLOBENZAPRINE, AT10 MILLIGRAMS AND ACETAMINOPHEN-TRAMADOL, AT 325 MILLIGRAMS (B), without having obtained said drug by a valid prescription, in violation of Florida Statute 499.03(1); DID UNLAWFULLY HAVE IN HIS/HER 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: A THE DEFENDANT HAD IN HIS POSSESSION A CRACK PIPE AND SYRINGES USED FOR INJECTING CONTROLLED SUBSTANCES, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ON 100409, AT APPROXIMATELY 2315 HOURS, I RESPONDED TO THE AREA OF CRYSTAL STREET AND US HIGHWAY 19, TO BOLO THE AREA IN REFERENCE TO A ROBBERY THAT JUST OCCURRED. REFERENCE CASE NUMBER 09100156. I WAS DRIVING IN THE AREA OF SUN PLAZA WHEN I OBSERVED A WHITE, FOUR DOOR CHRYSLER, SITTING IN THE PARKING LOT OF A CLOSED BUSINESS WITH THE ENGINE RUNNING AND THE LIGHTS ON. THIS VEHICLE APPEARED SUSPICIOUS AS IT WAS SITTING IN THE MIDDLE OF THE EMPTY PARKING LOT AT A BUSINESS THAT I WAS FAMILIAR WITH, AND IT WAS UNUSUAL TO HAVE A VEHICLE PARKED THERE AT THAT TIME OF NIGHT. I ENTERED THE PARKING LOT IN MY MARKED PATROL VEHICLE, AND AS I DID SO, I NOTICED THE VEHICLE DRIVE AWAY AND EXIT THE PARKING LOT TURNING NORTH ON US HIGHWAY 19. I CONDUCTED A TRAFFIC STOP ON THIS VEHICLE IN FRONT OF THE HAYES MOTEL, LOCATED ON US HIGHWAY 19. CONTACT WAS MADE WITH THE DRIVER, WHO WAS WITNESS ONE. I THEN REQUESTED THE DRIVER'S LICENSE, WHICH HE PROVIDED. AT THAT TIME, I NOTICED THE DEFENDANT, MR SHAWN SPIELER, WHO WAS SITTING IN THE PASSENGER SIDE OF THE VEHICLE. I THEN REQUESTED THE DEFENDANT'S DRIVER'S LICENSE OR IDENTIFICATION CARD, TO WHICH HE INFORMED ME THAT HE DID NOT HAVE HIS IDENTIFICATION ON HIM, BUT PROVIDED ME WITH HIS NAME AND DATE OF BIRTH. I NOTICED THE DEMEANOR OF BOTH SUBJECTS TO BE VERY NERVOUS, AS THEY KEPT REPEATING THE DIRECT QUESTIONS THAT I ASKED THEM. I ASKED THE DRIVER WHAT HE WAS DOING IN THE CLOSED BUSINESS PARKING LOT, AND AFTER A BRIEF PAUSE, THE DRIVER STATED THEY WERE RESTING. AT THE SAME TIME, THE DEFENDANT INTERRUPTED THE DRIVER AND STATED THAT THEY WERE CHECKING TO MAKE SURE THAT THE CHILDREN WERE IN THEIR CAR SEATS. I INFORMED BOTH THE DEFENDANT AND THE DRIVER THAT THE REASON FOR THE TRAFFIC STOP WAS DUE TO THEIR BEING AT A CLOSED BUSINESS AFTER HOURS, AND THAT THEY HAD LEFT ON THE SIGHT OF MY ARRIVAL. THE DEFENDANT INFORMED ME THAT THEY HAD LEFT UPON MY ARRIVAL BECAUSE THEY WERE UNSURE IF THEY WERE ALLOWED TO BE THERE OR NOT. I REQUESTED THE OCCUPANT'S TO REMAIN IN THEIR VEHICLE WHILE I RETURNED TO MY PATROL VEHICLE TO CHECK THE DRIVER'S VEHICLE AND DRIVER'S LICENSE PLATE THOUGH FCIC/ NCIC. WHILE CHECKING THE OCCUPANT'S INFORMATION, DEPUTY TACKETT ARRIVED ON SCENE, WHERE HE DEPLOYED CANINE PRIEST ON THE VEHICLE. SEE DEPUTY TACKETT'S CANINE REPORT. DEPUTY TACKETT INFORMED ME THAT CANINE PRIEST DID ALERT TO THE ODOR OF NARCOTICS COMING FROM THE VEHICLE, AT THAT TIME, ALL OCCUPANTS WERE REMOVED FROM THE VEHICLE, WHERE THEY AGREED TO A SEARCH OF THEIR PERSON. THIS YIELDED NEGATIVE RESULTS FOR CONTRABAND. I BEGAN A SEARCH OF THE VEHICLE, WHERE I DISCOVERED ON THE FRONT PASSENGER SIDE, WHERE THE DEFENDANT WAS SITTING, A BLACK BACKPACK. LOCATED INSIDE THE BACKPACK WAS AN AMBER COLORED PILL BOTTLE THAT DID NOT HAVE A PRESCRIPTION LABEL ON IT. INSIDE THE PILL BOTTLE WAS TWELVE LAMOTRIGENE PILLS AT 100 MILLIGRAMS, TWELVE CYCLOBENZAPRINE PILLS AT 10 MILLIGRAMS, AND TWELVE ACETAMINOPHEN PILLS AT 325 MILLIGRAMS. I ALSO LOCATED TWO USED SYRINGE NEEDLES INSIDE THE BACK PACK AND ALSO LOCATED INSIDE THE BACK PACK WAS A WALLET WITH THE DEFENDANT'S IDENTIFICATION CARD. A FURTHER SEARCH OF THE AREA THE DEFENDANT WAS SITTING IN, I LOCATED IN BETWEEN THE CONSOLE AND THE PASSENGER SEAT, A THIRD SYRINGE LOADED WITH A UNKNOWN TYPE OF LIQUID. LAYING NEXT TO THE SYRINGE WAS A GLASS TUBE WITH A WHITE RESIDUE ON THE INSIDE. DUE TO MY PAST EXPERIENCE AND TRAINING, I RECOGNIZED THIS TO BE DRUG PARAPHERNALIA, ALSO KNOWN AS A CRACK PIPE. A FIELD TEST WAS CONDUCTED ON THE PIPE, WHICH YIELDED A POSITIVE RESULT FOR CRACK COCAINE. I INFORMED THE DEFENDANT SPIELER OF THE PILLS AND USED SYRINGES THAT I HAD LOCATED INSIDE HIS BACK PACK, THE DEFENDANT COULD NOT PROVIDE AN EXPLANATION OF HOW THE PILLS GOT INSIDE HIS BACK PACK. THE DEFENDANT STATED THAT THE SYRINGES DID BELONG TO HIM. HE STATED THAT HE HAS PRESCRIPTION PILLS FOR ROXYCOTIN, AND THAT HE CRUSHES THE PILLS UP AND USES THE SYRINGES TO INJECT IT INTO HIS ARMS. I INFORMED THE DEFENDANT THAT I DID LOCATE A LOADED SYRINGE WITH A LIQUID IN IT LYING NEXT TO HIS SEAT, TO WHICH HE REPLIED IT DID BELONG TO HIM. NEXT, I INFORMED THE DEFENDANT THAT I HAD LOCATED A CRACK PIPE THAT WAS LYING NEXT TO THAT LOADED SYRINGE. THE DEFENDANT DENIED OWNERSHIP, STATING THAT HE DID NOT KNOW WHERE THE CRACK PIPE CAME FROM. NEXT, I QUESTIONED BOTH WITNESSES ONE AND TWO, WHO WAS RIDING IN THE VEHICLE WITH THE DEFENDANT, ABOUT THE ILLEGAL ITEMS THAT WERE FOUND IN THE VEHICLE. BOTH WITNESSES INFORMED ME THAT THEY WERE AWARE THAT THE DEFENDANT DID HAVE PRESCRIPTION PILLS, BUT HAD NO KNOWLEDGE OF THE PARAPHERNALIA FOUND IN THE VEHICLE. THE DEFENDANT WAS THEN INFORMED THAT HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF PARAPHERNALIA, ALONG WITH POSSESSION OF MEDICINAL DRUG WITHOUT A PRESCRIPTION. HE WAS THEN PLACED IN HANDCUFFS, DOUBLE LOCKED, AND TRANSPORTED BY DEPUTY CALLAHAN TO THE CITRUS COUNTY DETENTION FACILITY. SEARCH OF THE REST OF THE VEHICLE YIELDED NEGATIVE RESULTS FOR ANY OTHER ILLEGAL SUBSTANCES. INFORMATION WAS GATHERED ON THE OCCUPANTS OF THE THE VEHICLE, WHO WERE THEN RELEASED ON SCENE. ALL EVIDENCE WAS COLLECTED, AND TURNED INTO THE CITRUS COUNTY SHERIFF'S OFFICE LOCKER. *NOT-EXEMPT* |
