Probable cause affidavit: |
SUBMITTED BY: REEVES, CHRISTOPHER 0663 (AR13-6276) DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN 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 MODIFIED PILL CAPSULE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ON 062813, AT APPROXIMATELY 1655 HOURS, WHILE UTILIZING A COVERT AGENCY VEHICLE, EQUIPPED WITH EMERGENCY LIGHTS AND SIRENS, ON PATROL IN INVERNESS, I OBSERVED A DARK RED IN COLOR, NISSAN ALTIMA VEHICLE, BEARING FLORIDA LICENSE PLATE NUMBER BHYC87. THIS VEHICLE WAS TRAVELING SOUTHBOUND ON SOUTH CROFT AVENUE, AT A SPEED THAT I VISUALLY ESTIMATED TO BE APPROXIMATELY 40 MILES PER HOUR IN A POSTED 30 MILE PER HOUR ZONE. AT THAT TIME, DEPUTY POLLARD, WHO WAS DRIVING OUR VEHICLE, BEGAN PACING THE VEHICLE. WE PACED THE VEHICLE FOR APPROXIMATELY TWO TENTHS OF A MILE, AND VERIFIED THAT THE VEHICLE WAS TRAVELING AT APPROXIMATELY 39 MILES PER HOUR. AS WE APPROACHED THE INTERSECTION OF EAST GULF TO LAKE HIGHWAY AND SOUTH CROFT AVENUE, THE VEHICLE TURNED WEST, ONTO EAST GULF TO LAKE HIGHWAY, WHERE WE PERFORMED A TRAFFIC STOP ON THE VEHICLE. THIS TRAFFIC STOP TOOK PLACE IN THE PARKING LOT OF WAL-MART, WHICH IS LOCATED AT 2461 EAST GULF TO LAKE HIGHWAY, INVERNESS. AT THAT TIME I MADE CONTACT WITH THE DRIVER/OWNER OF THE VEHICLE, MR DAVID SCHOMAS, AND ADVISED HIM OF THE REASON FOR THE STOP. I THEN ASKED HIM FOR HIS LICENSE, PROOF OF REGISTRATION AND PROOF OF INSURANCE, WHICH HE WAS ABLE TO PROVIDE. I THEN MADE CONTACT WITH THE TWO PASSENGERS IN THE REAR SEAT, MR STEVIE MULLINS AND THE DEFENDANT MS SUMMER ROBERTS, AND ASKED THEM FOR THEIR IDENTIFICATION CARDS, WHICH BOTH WERE ABLE TO PROVIDE. DEPUTY CASEY PHILLIPS THEN ARRIVED ON SCENE. DEPUTIES NEAL AND SCHAFFER ALSO RESPONDED TO THE TRAFFIC STOP. DEPUTY PHILLIPS THEN WALKED K-9 KINO AROUND THE VEHICLE, AND ADVISED THAT K-9 KINO HAD ALERTED TO THE ODOR OF NARCOTICS INSIDE OF THE VEHICLE. AT THAT TIME I ASKED ALL OCCUPANTS TO EXIT THE VEHICLE, WHICH THEY DID. A SEARCH OF THE VEHICLE REVEALED A SMALL, PINK, CAPSULE, WHICH WAS MARKED âR-067 R-067.â THIS CAPSULE WAS WITHIN A PLASTIC BAGGIE FOUND INSIDE OF MS ROBERTSâ WALLET. THE WALLET WAS FOUND ON THE REAR PASSENGER SEAT WHERE MS ROBERTSâ HAD BEEN SITTING. I THEN PRESENTED THE CAPSULE TO MS ROBERTSâ AND ASKED HER IF SHE HAD A PRESCRIPTION FOR THE CAPSULE, TO WHICH SHE REPLIED THAT SHE DID NOT. MS ROBERTSâ STATED THAT SHE HAD GOTTEN THE PILL FROM HER GRANDMOTHER IN CASE SHE HAD A SEIZURE. SHE WAS NOT ABLE TO ADVISE WHAT TYPE OF MEDICATION IT WAS, OR FROM WHICH DOCTOR HER GRANDMOTHER HAD RECEIVED THE MEDICATION. THROUGH MY TRAINING AND EXPERIENCE, I WAS ABLE TO DETERMINE THAT THE CAPSULE WAS NOT âSEALEDâ AS NORMAL CAPSULES ARE. IT APPEARED AS IF SOMEONE HAD OPENED THE CAPSULE, DUMPED OUT THE ORIGINAL MEDICATION, AND FILLED IT WITH AN OFF WHITE COLORED POWDER SUBSTANCE. THROUGH MY TRAINING AND EXPERIENCE, AS A CERTIFIED CLANDESTINE LABORATORY INVESTIGATOR, I NOTICED THAT THE SUBSTANCE APPEARED TO BE METHAMPHETAMINE. I THEN TESTED THE SUBSTANCE USING TWO DIFFERENT AGENCY TEST KITS WHICH BOTH RESULTED IN THE POSITIVE REACTION FOR THE PRESENCE OF METHAMPHETAMINE. THE âCAPSULEâ ITSELF WAS LATER IDENTIFIED TO HAVE ORIGINALLY BEEN AN OXAZEPAM ,10 MILLIGRAM, CAPSULE, A SCHEDULE 4 MEDICATION. THE SUBSTANCE WAS LATER WEIGHED TO BE APPROXIMATELY 0.1 GRAMS. AT THAT TIME I PLACED MS ROBERTS UNDER ARREST, FOR POSSESSION OF A CONTROLLED SUBSTANCE, AND POSSESSION OF DRUG PARAPHERNALIA. SHE WAS HANDCUFFED HER BEHIND HER PERSON, DOUBLE LOCKED AND SECURED IN THE AGENCY VEHICLE THAT DEPUTIES NEAL AND SCHAFFER WERE DRIVING. THEY THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT; WHERE SHE WAS CHARGED WITH ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE, AND ONE COUNT OF POSSESSION OF PARAPHERNALIA. THE DEFENDANTâS TOTAL BOND WAS SET AT $5,500.00 PER THE BOND SCHEDULE. ALL CONTRABAND WAS COLLECTED AND LATER TURNED INTO EVIDENCE. |