| Probable cause affidavit: |
SUBMITTED BY: BAIRD, MATTHEW 0624 (AR10114412) COMMIT TRAFFICKING IN A CONTROLLED SUBSTANCE BY UNLAWFULLY AND KNOWINGLY PURCHASING AND POSSESSING IN EXCESS OF FOUR GRAMS OR MORE OF OXYCODONE, AS DESCRIBED IN FLORIDA STATE STATUTE 893.03(2)(A)(1)J, BY FORGING TURNING IN AND RECEIVING THE ABOVE MENTIONED FRAUDULENT PRESCRIPTION, in violation of Florida Statute 893.135(1)(C)(1)(A) AND KNOWINGLY ACQUIRE OR ATTEMPT TO ACQUIRE POSSESSION OF A CONTROLLED SUBSTANCE, TO WIT: OXYCODONE, AS DESCRIBED IN FLORIDA STATE STATUTE 893.13 AND IN THE COURSE THEREOF UTILIZED MISREPRESENTATION, FRAUD, DECEPTION OR SUBTERFUGE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(7)(A)(9) ON 042010 AT APPROXIMATELY 1700 HOURS, I RECEIVED INFORMATION FROM DETECTIVE WEAR THAT THE DEFENDANT WAS AT THAT TIME, PRESENT AT THE CVS PHARMACY LOCATED AT 602 WEST MAIN STREET IN INVERNESS AND WAS ATTEMPTING TO FILL A FRAUDULENT PRESCRIPTION FOR OXYCODONE. WHILE EN ROUTE TO THE SCENE, I WAS ADVISED BY DISPATCH OF A PHYSICAL AND CLOTHING DESCRIPTION FOR THE DEFENDANT AND ALSO THAT THE DEFENDANT'S NAME WAS MS STACEY NOLAN. UPON ARRIVAL AT THE CVS PHARMACY, I WAS ADVISED THAT MS NOLAN HAD FILLED THE FRAUDULENT PRESCRIPTION AND TAKEN POSSESSION OF THE OXYCODONE AND WAS STILL LOCATED INSIDE OF THE CVS PHARMACY. I ENTERED THE CVS STORE AND OBSERVED A SUBJECT MATCHING THE DEFENDANT'S DESCRIPTION IN THE MAKEUP AISLE HOLDING A CVS PHARMACY BAG. I ASKED THE DEFENDANT IF HER NAME WAS STACEY, TO WHICH SHE REPLIED YES. I IDENTIFIED MYSELF AS A DEPUTY SHERIFF WITH THE CITRUS COUNTY SHERIFF'S OFFICE AND ASKED MS NOLAN TO GIVE ME THE PRESCRIPTION BAG WHICH SHE DID. INSIDE OF THE BAG WAS A CVS PHARMACY PRESCRIPTION BOTTLE BEARING A PRESCRIPTION MADE OUT TO A STACEY NOLAN FOR THE PRESCRIPTION DRUG OXYCODONE HCL 15 MILLIGRAM 120 TABLETS. THE LABEL ON THE BOTTLE ALSO INDICATED N509675 IN A QUANTITY OF ONE HUNDRED TWENTY TABLETS. IT ALSO BORE THE CVS PHARMACY NUMBER OF 3171 AND AN ADDRESS OF 602 WEST MAIN STREET, INVERNESS, FLORIDA. THE LABEL ALSO INDICATED THE PRESCRIPTION HAD BEEN FILLED ON 042010. I MADE CONTACT WITH THE CVS PHARMACIST WHO HAD FILLED THE PRESCRIPTION WHO STATED HE HAD FILLED PRESCRIPTION NUMBER N509675 FOR ONE HUNDRED TWENTY (120) TABLETS OF OXYCODONE 15 MG, BRAND KVK-TECH,IN FOR MS STACEY NOLAN. THE PHARMACIST ALSO STATED THE WEIGHT OF THE 120 TABLETS OF OXYCODONE WAS 11.98 GRAMS. THE PHARMACIST COMPLETED A WRITTEN STATEMENT WHICH WAS LATER TURNED IN TO RECORDS. THE PHARMACIST ALSO PROVIDED ME WITH THE ORIGINAL PRESCRIPTION WHICH HAD BEEN SUBMITTED BY MS NOLAN. I MADE CONTACT WITH THE DOCTOR'S OFFICE LISTED ON THE PRESCRIPTION WHICH WAS LOCATED IN INVERNESS, CITRUS COUNTY, FLORIDA. I WAS ADVISED THAT MS NOLAN WAS NOT A PATIENT OF THAT PHYSICIAN AND THAT SHE HAD NOT BEEN PRESCRIBED ANY MEDICATION. I WAS ALSO ADVISED THAT THE DEFENDANT'S FATHER IS A PATIENT OF THAT PHYSICIAN AND THAT MS NOLAN HAD ACCOMPANIED HIM TO A SCHEDULED APPOINTMENT ON 041910. THE PHYSICIAN'S OFFICE WAS UNABLE TO ADVISE HOW MANY BLANK PRESCRIPTION FORMS MIGHT BE MISSING. AT THAT TIME, I READ MS NOLAN HER MIRANDA WARNINGS VIA A PRE-PRINTED AGENCY CARD. MS NOLAN STATED SHE UNDERSTOOD HER RIGHTS AND AGREED TO SPEAK WITH ME. MS NOLAN STATED ON 041910, SHE HAD ACCOMPANIED HER FATHER TO A DOCTOR'S APPOINTMENT IN INVERNESS, CITRUS COUNTY FLORIDA, AT WHICH TIME SHE HAD TAKEN APPROXIMATELY TEN BLANK PRESCRIPTION FORMS. MS NOLAN STATED THAT SHE HAD MADE ERRORS ON THE REST OF THE BLANK PRESCRIPTION FORMS AND HAD THROWN THEM AWAY. MS NOLAN STATED THIS WAS THE ONLY PRESCRIPTION SHE HAD ATTEMPTED TO FILL. MS NOLAN DECLINED TO FILL OUT A WRITTEN SWORN STATEMENT AT THIS TIME. MS NOLAN WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS CHARGED WITH ONE COUNT OF TRAFFICKING IN A CONTROLLED SUBSTANCE AND ONE COUNT OF OBTAINING A PRESCRIPTION DRUG BY MEANS OF FRAUD. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $55,000.00, IN ACCORDANCE WITH THE BOND SCHEDULE. *NOT-EXEMPT* |
