| Probable cause affidavit: |
SUBMITTED BY: CALLAHAN, CRAIG 0643 (AR11121495) 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: CRACK COCAINE, SAID OBJECT BEING A GLASS CRACK PIPE IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1) AND DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY CRAIG CALLAHAN AND DEPUTY ANDRA CANFIELD OF THE CITRUS COUNTY SHERIFF'S OFFICE, WHO WERE THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: SEARCHING THE DEFENDANT FOR CONTRABAND, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 062811 AT APPROXIMATELY 2112 HOURS, I WAS TRAVELING WESTBOUND ON EAST MURRAY STREET WHERE I OBSERVED A SILVER FOUR DOOR VEHICLE SITTING STATIONARY IN THE MIDDLE OF THE ROAD, FACING EASTBOUND. I APPROACHED THE VEHICLE AND WAS UNABLE TO PASS SINCE THE VEHICLE WAS SITTING STILL IN THE MIDDLE OF THE ROADWAY. OTHER VEHICLES THAT WERE TRAVELING ON THE ROADWAY ALSO COULD NOT GET AROUND THE VEHICLE AND WERE SLOWING TO A STOP SINCE THE VEHICLE WAS IMPEDING TRAFFIC. AFTER A SHORT TIME, THE VEHICLE CONTINUED EASTBOUND ON EAST MURRAY STREET. UPON OBSERVING THE VEHICLE, I NOTICED THAT THE FRONT WINDOWS WERE EXTREMELY DARK. I THEN TURNED MY PATROL VEHICLE AROUND, ACTIVATED MY EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE IN THE AREA OF EAST MURRAY STREET AND NORTH MONROE STREET IN BEVERLY HILLS. AS I EXITED MY PATROL VEHICLE, THE DRIVER/DEFENDANT, MS THERESA TOONI, IMMEDIATELY EXITED HER VEHICLE, ATTEMPTING TO WALK INTO A RESIDENCE OFF OF EAST MURRAY STREET, AT WHICH TIME I ORDERED HER TO RETURN TO HER VEHICLE, WHICH SHE DID. I SPOKE WITH THE DEFENDANT AND ADVISED HER OF THE REASON FOR THE TRAFFIC STOP. I ASKED FOR HER DRIVER'S LICENSE, THE VEHICLE REGISTRATION AND PROOF OF INSURANCE. THE DEFENDANT COULD NOT PROVIDE ANY OF THE REQUESTED DOCUMENTS. I RETRIEVED MY CERTIFIED, CALIBRATED, AGENCY ISSUED TINT METER AND CHECKED THE DRIVER SIDE FRONT WINDOW TINT WHICH REVEALED A READING OF TWENTY PER CENT LIGHT TRANSMISSION. A SHORT TIME LATER, I ADVISED THE DEFENDANT THAT I WOULD BE ISSUING HER VERBAL WARNINGS FOR THE INFRACTIONS. PRIOR TO LEAVING THE SCENE, I ASKED HER IF THERE WAS ANYTHING I SHOULD KNOW ABOUT IN HER VEHICLE, SUCH AS GUNS, KNIVES OR NARCOTICS, TO WHICH SHE STATED THERE WAS NOTHING IN HER VEHICLE. I ASKED HER FOR PERMISSION TO SEARCH HER VEHICLE, TO WHICH SHE GRANTED PERMISSION. I THEN HAD THE DEFENDANT AND THE FRONT SEAT PASSENGER, LATER IDENTIFIED AS MR DONALD MARSHALL, STEP OUT OF THE VEHICLE SO AN INTERIOR SEARCH COULD BE COMPLETED. WHILE SEARCHING THE VEHICLE, DEPUTY A CANFIELD ARRIVED ON SCENE. I ASKED the DEFENDANT IF SHE MINDED HAVING A FEMALE DEPUTY CONDUCT A PAT-DOWN SEARCH OF HER PERSON, TO which SHE STATED SHE DID NOT MIND. WHILE CONTINUING TO SEARCH THE VEHICLE, I OBSERVED DEPUTY CANFIELD STRUGGLING WITH THE DEFENDANT AT THE PASSENGER SIDE FRONT QUARTER PANEL OF MY PATROL VEHICLE. I RAN TO ASSIST DEPUTY CANFIELD WITH THE DEFENDANT WHO WAS ACTIVELY PULLING AWAY FROM DEPUTY CANFIELD. AT THAT TIME, I GRABBED THE DEFENDANT BY HER RIGHT ARM AND ASSISTED DEPUTY CANFIELD IN ESCORTING THE DEFENDANT TO THE GROUND. UPON GOING TO THE GROUND, THE DEFENDANT CONTINUED TO FIGHT AND STRUGGLE, ATTEMPTING TO REACH FOR HER RIGHT SIDE WAISTBAND AREA AND REFUSING TO PLACE HER HANDS BEHIND HER BACK. THE DEFENDANT WAS GIVEN MULTIPLE VERBAL COMMANDS TO STOP RESISTING, WHICH SHE REFUSED. AFTER A SHORT TIME, WE WERE ABLE TO SUCCESSFULLY SECURE THE DEFENDANT IN HANDCUFFS (DOUBLE LOCKED) BEHIND HER BACK. WHEN DEPUTY CANFIELD CONTINUED HER PAT- DOWN SEARCH, SHE LOCATED A WHITE PAPER TOWEL WHICH CONTAINED A CLEAR GLASS TUBULAR PIPE WHICH I IMMEDIATELY RECOGNIZED, THROUGH MY TRAINING AND EXPERIENCE, AS A CRACK COCAINE PIPE. THIS PIPE WAS LOCATED IN THE DEFENDANT'S RIGHT WAISTBAND AREA. A FIELD PRESUMPTIVE TEST WAS COMPLETED ON THE PIPE WHICH YIELDED A POSITIVE REACTION FOR COCAINE WITHIN THE PIPE. THE DEFENDANT WAS THEN ADVISED SHE WAS BEING PLACED UNDER ARREST. SHE WAS SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS BOOKED ON ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA AND ONE COUNT OF RESISTING ARREST WITHOUT VIOLENCE. HER BOND WAS SET AT A TOTAL OF $1,000.00 IN ACCORDANCE WITH THE BOND SCHEDULE. SERGEANT SHEPHARD WAS NOTIFIED OF THE USE OF FORCE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
