Probable cause affidavit: |
SUBMITTED BY: SUDLOW, JAMES 0759 (AR16-19093)(16-51884) FERNANDEZ, CARLOS 1255 DID TRAFFIC IN METHAMPHETAMINE OVER 28 GRAMS TO WIT: DID HAVE IN HIS POSSESSION 49 GRAMS OF METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATUTE 893.135(1)(F)(1)(B) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: DID HAVE IN HIS POSSESSION THREE ALPRAZOLAM .5 MILLIGRAMS TWO ALPRAZOLAM ONE MILLIGRAM, 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: DID have MULTIPLE DIME BAGS MEASURING DEVICES AND STRAWS IN HIS POSSESSION that TESTED POSITIVE FOR METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1) ON 041716, WHILE I WAS CONDUCTING TRAFFIC ENFORCEMENT ON EAST ORANGE AVENUE IN FLORAL CITY, I OBSERVED A GRAY IN COLOR MAZDA PICKUP TRUCK PULL UP TO THE STOP SIGN AT SOUTH COLLEGE TERRACE AND FAIL TO STOP AT THE STOP SIGN. AS I WAS TRYING TO CATCH UP TO THE VEHICLE I ALSO OBSERVED THE DRIVER'S VISION TO BE OBSTRUCTED BY A BLACK IN COLOR SUCTION CUP MOUNT, WHICH WAS LOCATED RIGHT AT EYE LEVEL IN FRONT OF HIS FACE ON THE WINDSHIELD. AT THAT TIME I ACTIVATED ALL OF MY EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP WHERE THE FINAL STOP WAS AT SOUTH FLORIDA AVENUE AND SOUTH CLEARSPRING DRIVE IN FLORAL CITY. AS I APPROACHED THE VEHICLE I MADE CONTACT WITH THE DRIVER IDENTIFIED FROM HIS FLORIDA DRIVER'S LICENSE AS MR STEVEN DYAL, WHO WAS LATER IDENTIFIED AS THE DEFENDANT. LOCATED IN THE PASSENGER SEAT WAS A FEMALE NAMED MS KATHERN ENGLISH, WHO WAS LATER IDENTIFIED AS THE DEFENDANT. WHILE SPEAKING WITH DEFENDANT DYAL I ADVISED HIM THE REASON FOR THE STOP AND REQUESTED HIS DRIVER'S LICENSE, REGISTRATION, AND PROOF OF INSURANCE. I OBSERVED A BLACK IN COLOR ZIP UP BAG LOCATED IN THE DEFENDANT'S LAP, WHICH HE PUT NEXT TO THE DRIVER SEAT IN THE CENTER OF THE TRUCK. AT THAT TIME, CANINE DEPUTY RITLI (0426) ARRIVED ON SCENE AS BACKUP WHERE I REQUESTED THAT HE DO AN EXTERIOR WALK OF THE VEHICLE UTILIZING CANINE KHAOS. UPON CANINE DEPUTY RITLI DEPLOYING CANINE KHAOS FOR THE EXTERIOR SNIFF OF THE VEHICLE HE ADVISED CANINE KHAOS SHOWED A POSITIVE ALERT OF THE VEHICLE AT THE DRIVER AND PASSENGER SIDE OF THE VEHICLE. WHILE WAITING FOR CANINE DEPUTY RITLI TO RE-SECURE CANINE KHAOS, I OBSERVED DEFENDANT ENGLISH TO TAKE A CAMOUFLAGE BAG THAT WAS PLACED ON HER LAP AND PLACED IT BETWEEN THE PASSENGER DOOR AND PASSENGER SEAT. I ADVISED HER SHE NEEDED TO KEEP HER HANDS ON THE DASHBOARD AND NOT TO MOVE. AT THAT TIME, I ASKED DEFENDANT DYAL TO EXIT THE VEHICLE AND ASKED IF HE HAD ANYTHING ILLEGAL ON HIM AND IF I COULD SEARCH HIM, TO WHICH HE ADVISED HE HAD NOTHING ILLEGAL AND ADVISED I COULD SEARCH. UPON SEARCHING DEFENDANT DYAL I WAS PATTING AROUND HIS WAISTBAND WHERE I FELT A BULGE RIGHT BELOW HIS WAISTBAND, AT WHICH TIME DEFENDANT DYAL PICKED UP THE FRONT OF HIS SHIRT AND I SAW A CLEAR PLASTIC BAG KNOTTED AT THE TOP OF HIS PANTS. I REMOVED THAT PLASTIC BAG WHICH CONTAINED A CRYSTAL LIKE SUBSTANCE, WHICH THROUGH MY TRAINING AND EXPERIENCE I IDENTIFIED AS METHAMPHETAMINE. I PLACED DEFENDANT DYAL IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED HIM ON THE FRONT BUMPER OF MY VEHICLE AND ADVISED HIM NOT TO MOVE. I THEN MADE CONTACT WITH DEFENDANT ENGLISH AT THE PASSENGER SIDE WINDOW. I OPENED THE PASSENGER SIDE DOOR AND THE SAME GREEN CAMOUFLAGE BAG FELL OUT OF THE TRUCK. AS I PICKED IT UP AND LOOKED INSIDE I OBSERVED FOUR BAGGIES WITH A CRYSTAL LIKE SUBSTANCE INSIDE, AND ONE BAGGIE WITH A BROWN SUBSTANCE INSIDE, WHICH THROUGH MY TRAINING AND EXPERIENCE I IDENTIFIED AS METHAMPHETAMINE. DEFENDANT ENGLISH IMMEDIATELY STATED THAT METHAMPHETAMINE WAS HERS, WHICH AT THAT TIME I PLACED HER IN HANDCUFFS (DOUBLE LOCKED) BEHIND HER BACK AND PLACED HER AT THE REAR OF THE PICKUP AND TOLD HER NOT TO MOVE. ALSO LOCATED IN THE CAMOUFLAGE BAG WERE TWO STRAWS AND ONE GLASS METHAMPHETAMINE PIPE. LOCATED AT THE FEET OF DEFENDANT ENGLISH WAS A GLASS WATER METHAMPHETAMINE BONG, WHICH ALL TESTED POSITIVE FOR METHAMPHETAMINE. WHILE SEARCHING THE INSIDE OF THE VEHICLE I LOCATED A BLACK ZIP UP BAG IN THE CENTER CONSOLE. LOCATED IN THAT BAG I FOUND TWO CLEAR PLASTIC BAGGIES CONTAINING A CRYSTAL LIKE SUBSTANCE, WHICH DUE TO MY TRAINING AND EXPERIENCE I IDENTIFIED AS METHAMPHETAMINE, AS WELL AS NUMEROUS CLEAR AND BLUE IN COLOR CLEAR PLASTIC DIME BAGS, STRAWS, AND MEASURING DEVICES. THE STRAWS, MEASURING DEVICES, AND A FEW OF THE NUMEROUS BAGS TESTED POSITIVE FOR METHAMPHETAMINE; SOME OF THE DIME BAGS THAT WERE LOCATED IN THE BLACK ZIP UP BAG WERE THE SAME BAGS THAT HAD METHAMPHETAMINE IN THEM FROM THIS INCIDENT. I THEN LOCATED A SMALL DIME BAG BETWEEN THE TWO SEATS THAT CONTAINED THREE PINK PILLS WITH THE INSCRIPTION 029 R, WHICH ARE ALPRAZOLAM 0.5 MILLIGRAMS, TWO BLUE PILLS WITH THE INSCRIPTION 031 R, WHICH ARE ALPRAZOLAM 1.0 MILLIGRAMS, AND ONE WHITE PILL, UNKNOWN MAKE DUE TO THE FACT THAT THE PILL WAS DETERIORATING. AT THAT TIME DEFENDANT DYAL STATED HE BELIEVED HE HAD MORE EITHER METHAMPHETAMINE OR PILLS SHOVED IN HIS PANTS. HE ADVISED HE HAD THE PILLS THAT WERE PINK, BLUE, AND WHITE IN COLOR, AT WHICH TIME I SHOWED HIM THE BAG AND HE ADVISED THOSE WERE HIS. I THEN READ MIRANDA TO BOTH DEFENDANTS SEPARATELY FROM A PREPRINTED AGENCY CARD. BOTH DEFENDANT'S ADVISED THEY UNDERSTOOD AND WISHED TO SPEAK TO ME. DEFENDANT DYAL STATED THAT THE PILLS AND METHAMPHETAMINE IN THE BLACK BAG AND IN HIS PANTS BELONGED TO HIM AND THAT THE METHAMPHETAMINE PILLS AND PARAPHERNALIA FOUND IN THE BLACK BAG WERE HIS. THE METHAMPHETAMINE AND PARAPHERNALIA FOUND IN THE CAMOUFLAGE BAG WERE DEFENDANT ENGLISH'S. I ASKED DEFENDANT DYAL IF HE EVER HAD A PRESCRIPTION FOR ALPRAZOLAM 1.0 MILLIGRAM OR 0.5 MILLIGRAMS, TO WHICH HE ADVISED HE DID NOT. DEFENDANT ENGLISH STATED THAT THE METHAMPHETAMINE AND PARAPHERNALIA IN THE CAMOUFLAGE BAG WERE HERS, AND THAT THE ITEMS LOCATED ON DEFENDANT DYAL AND IN HIS BLACK BAG WERE HIS, AS WELL AS THE PILLS. AT THAT TIME DEPUTY SNEDEKER (1402) ARRIVED ON SCENE AND TRANSPORTED DEFENDANT ENGLISH TO THE CITRUS COUNTY DETENTION FACILITY. I TRANSPORTED DEFENDANT DYAL TO THE CITRUS COUNTY DETENTION FACILITY WITH DEPUTY SHERIFF TRAINEE FERNANDEZ (1255) FOLLOWING IN DEFENDANT DYAL'S TRUCK, WHICH WAS SEIZED BY THIS AGENCY. UPON ARRIVAL TO THE CITRUS COUNTY DETENTION FACILITY DEFENDANT DYAL WAS CHARGED WITH TRAFFICKING IN METHAMPHETAMINE OVER 28 GRAMS, WHICH CARRIED A $50,000.00 BOND. TWO COUNTS OF POSSESSION OF CONTROLLED SUBSTANCE, WHICH CARRIED A $2,000.00 BOND, PER COUNT FOR A TOTAL OF $4,000.00 POSSESSION OF PARAPHERNALIA WHICH CARRIED A $1,000.00 BOND, FOR A TOTAL BOND OF $55,000.00 DEFENDANT DYAL WAS ISSUED A WRITTEN WARNING, CITATION NUMBER 401385B, FOR OBSTRUCTED VISION AND WRITTEN WARNING NUMBER 401383B FOR RUNNING A STOP SIGN AND A FLORIDA UNIFORM TRAFFIC CITATION, NUMBER A1BTC5P FOR FELONY ACTUAL PHYSICAL CONTROL OF A MOTOR VEHICLE. ALL BAGS OF METHAMPHETAMINE FOR BOTH DEFENDANT'S WERE TESTED UTILIZING AN AGENCY ISSUED METHAMPHETAMINE TEST KIT WHICH YIELDED A POSITIVE RESULT FOR METHAMPHETAMINE |