| Probable cause affidavit: |
SUBMITTED BY: FERGUSON, R ADAM 0505 (AR1202821) THE DEFENDANT DID TAMPER WITH EVIDENCE, TO WIT: THREW A BAGGIE OF MARIJUANA OUT HIS VEHICLE WINDOW, IN VIOLATION OF FLORIDA STATE STATUTE 918.13 AND THE DEFENDANT DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT UNDER TWENTY GRAMS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B) AND THE DEFENDANT DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY R FERGUSON OF THE CITRUS COUNTY SHERIFFâS OFFICE, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: ARRESTING THE DEFENDANT FOR POSSESSION OF MARIJUANA, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02 AND THE DEFENDANT DID OPERATE A MOTOR VEHICLE ON THE ROADWAYS OR HIGHWAYS OF THE STATE OF FLORIDA WITH WILLFUL AND WANTON DISREGARD FOR THE SAFETY OF PERSONS OR PROPERTY; TO WIT: ACCELERATED HIS VEHICLE RAPIDLY, SPINNING HIS TIRES, ALMOST HITTING DEPUTY FERGUSON, IN VIOLATION OF FLORIDA STATE STATUE 316.192(1)(A.) ON 091212, I RESPONDED TO THE AREA JUST WEST OF NORTH SUNCOAST BOULEVARD AND NORTH LARUE-DENISE DRIVE IN CRYSTAL RIVER AS BACK UP FOR DEPUTY B HESSE WHO WAS ON A SINKHOLE CALL. DEPUTY HESSE AND I HAD POSITIONED OUR PATROL VEHICLES IN THE ROADWAY SO NO VEHICLES WOULD DRIVE OVER THE SINKHOLE AND CAUSE FURTHER DAMAGE TO THE ROADWAY OR THEIR VEHICLES. AT APPROXIMATELY 2350 HOURS, I OBSERVED A VEHICLE TRAVELING AT APPROXIMATELY 45 MILES PER HOUR APPROACHING OUR LOCATION FROM THE EAST. I TURNED ON MY FLASHLIGHT IN ORDER TO ATTEMPT TO SLOW THE DRIVER PRIOR TO HIM RUNNING INTO THE SINKHOLE OR OUR PATROL VEHICLES. THE VEHICLE SLOWED DOWN, CAME TO A STOP ON THE SHOULDER OF THE ROAD, ROLLED DOWN THE DRIVER SIDE WINDOW AND ASKED WHAT WAS GOING ON. AS I APPROACHED THE VEHICLE, I OBSERVED THE DRIVER TO BE THE DEFENDANT, MR TAVIN G DEVAUGHN, AND I BEGAN TO ADVISE HIM THAT I WAS JUST TRYING TO SLOW HIM DOWN BECAUSE THERE WAS A SINKHOLE IN THE MIDDLE OF THE ROAD. AS I WAS EXPLAINING THIS TO THE DEFENDANT, I OBSERVED A PLASTIC BAGGIE WITH MARIJUANA IN HIS RIGHT HAND. I ADVISED THE DEFENDANT THAT I NEEDED HIM TO EXIT HIS VEHICLE, AT WHICH TIME HE ASKED WHY. I ADVISED HIM THAT HE NEEDED TO EXIT THE VEHICLE because HE WAS HOLDING A BAGGIE OF MARIJUANA IN HIS HAND. WHEN I ADVISED THE DEFENDANT OF THIS, HE ACCELERATED HIS VEHICLE, SPINNING HIS TIRES, CAUSING HIS VEHICLE TO FISH-TAIL IN A RECKLESS MANNER, AND IF I HAD NOT MOVED OUT OF THE WAY, THE DEFENDANTâS VEHICLE WOULD HAVE STRUCK ME OR RUN OVER MY FOOT. I ADVISED DEPUTY HESSE, WHO WAS ALREADY IN HIS PATROL VEHICLE, TO STOP THE DEFENDANT AS I RETURNED TO MY PATROL VEHICLE. THE DEFENDANT WENT APPROXIMATELY ONE HUNDRED YARDS TO THE WEST, TOWARD NORTH SUNCOAST BOULEVARD, BEFORE PULLING HIS VEHICLE TO THE SIDE OF THE ROAD. THE DEFENDANT WAS TAKEN OUT OF THE VEHICLE, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN the REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT NO LONGER HAD THE BAGGIE OF MARIJUANA ON HIS PERSON OR IN HIS VEHICLE. I BEGAN LOOKING ON THE SIDE OF THE ROAD AND WITHIN 50 YARDS OF WHERE the DEFENDANT HAD PULLED HIS VEHICLE OVER, I LOCATED THE BAGGIE OF THE MARIJUANA ON THE GROUND ON THE SOUTH SIDE OF THE ROADWAY. THE MARIJUANA WAS TAKEN INTO CUSTODY TO BE TURNED IN TO EVIDENCE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE EN ROUTE TO THE DETENTION FACILITY, THE DEFENDANT STATED âTHIS IS BULLSHITâ BECAUSE NOW HE COULD NOT EVEN GET HIGH BECAUSE I WAS TAKING HIS DOPE. THE DEFENDANT MADE THIS STATEMENT WITHOUT BEING ASKED ANY QUESTIONS AND WITHOUT ANY PROVOCATION. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS CHARGED WITH ONE COUNT OF TAMPERING WITH EVIDENCE WITH BOND SET AT $2,000.00. HE WAS ALSO CHARGED WITH ONE COUNT OF POSSESSION OF MARIJUANA IN AN AMOUNT UNDER TWENTY GRAMS, WITH BOND SET AT $500.00; RESISTING ARREST WITHOUT VIOLENCE, WITH BOND SET AT $500.00; AND RECKLESS DRIVING, WITH BOND SET AT $250.00. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION NUMBER 7331-GQFX, FOR RECKLESS DRIVING. |
