| Probable cause affidavit: |
SUBMITTED BY: MERRITT, JAMES 0757 (12-00183) did knowingly, willfully and feloniously be in the actual or constructive possession of a controlled substance, to-wit: 16.3 GRAMS OF CANNABIS, in violation of Florida Statutes 893.13(6)(B). 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: TOBACCO GRINDER WITH CANNABIS RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.147(1). ON 030212, AT APPROXIMATELY 1808, I RESPONDED TO THE AREA OF US HIGHWAY 19 AND LONGFELLOW AS BACK-UP FOR K-9 DEPUTY HRYC. UPON MY ARRIVAL, I OBSERVED K-9 DEPUTY HRYC, SEARCHING A RED FORD FOUR DOOR BEARING A FLORIDA TAG OF AQDD21. I OBSERVED TWO WHITE MALES STANDING OUTSIDE THE VEHICLE ONE OF WHICH ALREADY HANDCUFFED BEHIND HIS BACK. DEPUTY HRYC ADVISED THAT HE STOPPED THE VEHICLE FOR A LAWFUL REASON. HE ADVISED THAT HE PROCESSED THE LICENSE PLATE NUMBER THROUGH DIVISION OF HIGHWAY SAFETY AND MOTOR VEHICLE (DHSMV), COMING BACK WITH NO INFORMATION FOUND. DEPUTY HRYC ADVISED HE PROCESSED THE PLATE NUMBER IN FCIC/NCIC AND THAT IT ALSO CAME BACK with NEGATIVE RESULTS. DEPUTY HRYC ADVISED HE INITIATED THE TRAFFIC STOP AND MADE CONTACT WITH THE DRIVER/DEFENDANT TWO, MR THOMAS CLIFTON AND PASSENGER/DEFENDANT ONE, MR THOMAS HATCHER. DEPUTY HRYC REQUESTED PROOF OF REGISTRATION, WHICH DEFENDANT TWO, PROVIDED. THE DEFENDANT TWO ADVISED THAT HE HAD JUST RECENTLY PURCHASED THE VEHICLE AND WAS UNSURE OF THE REGISTRATION PROBLEM. DEPUTY HRYC ADVISED THAT HE PROCESSED THE VEHICLE IDENTIFICATION NUMBER (VIN) IN DHMSV, WHICH IT REPLIED THAT THE VEHICLE WAS LISTED AS SOLD. DEPUTY HRYC REQUESTED CONSENT TO SEARCH THE VEHICLE AND VERBAL CONSENT WAS GIVEN. DEPUTY HRYC ADVISED HE LOCATED A MOTOROLA TELEPHONE BOX IN THE VEHICLE WHICH CONTAINED 16.3 GRAMS OF GREEN LEAFY SUBSTANCE, WHICH TESTED POSITIVE AS CANNABIS AND ONE GREEN TOBACCO GRINDER WITH GREEN LEAFY RESIDUE INSIDE. DEFENDANT TWO, MR CLIFTON, AND DEFENDANT ONE, MR HATCHER WERE READ MIRANDA, TO WHICH EACH STATED THAT THEY UNDERSTOOD AND AGREED TO ANSWER ANY QUESTIONS. POST MIRANDA DEFENDANT ONE, MR HATCHER, WAS ADVISED THAT THE MOTOROLA BOX CONTAINING THE CANNABIS AND GRINDER BELONGED TO HIM. DEFENDANT ONE, WAS COOPERATIVE, FURTHER STATING THAT IT WAS FOR PERSONAL USE AND HAS ONLY BEEN SMOKING CANNABIS FOR THE PAST TEN YEARS. DEFENDANT ONE WAS PLACED UNDER ARREST FOR POSSESSION OF LESS THAN 20 GRAMS OF CANNABIS AND POSSESSION OF PARAPHERNALIA, WHERE HE WAS THEN PLACED IN THE REAR OF MY PATROL VEHICLE. IN MY PRESENCE DEPUTY HRYC ASKED IF THERE WAS ANY MORE CONTRABAND IN THE VEHICLE AND THE DRIVER/DEFENDANT TWO, MR CLIFTON, ADVISED HE HAD TWO OR THREE CANNABIS CIGARETTES AND A FEW BURNED CANNABIS CIGARETTES IN THE VEHICLE. DEFENDANT TWO ALSO GAVE THE LOCATION OF THE CONTRABAND. DEPUTY HRYC THEN LOCATED AND SEIZED 4.7 GRAMS OF A GREEN LEAFY SUBSTANCE TESTING POSITIVE AS CANNABIS AND BOOK OF ROLLING PAPER . I THEN PLACED DEFENDANT TWO UNDER ARREST FOR POSSESSION OF LESS THAN 20 GRAMS CANNABIS. DEFENDANT TWO, WAS PLACED IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK AND IN THE REAR OF MY PATROL VEHICLE. I THEN TRANSPORTED BOTH DEFENDANTS TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DEFENDANT ONE, MR HATCHERâS BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. DEFENDANT TWO, MR CLIFTONâS BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. THE CANNABIS AND PARAPHERNALIA WERE SEALED PLACED IN TO THE CITRUS COUNTY SHERIFFâS OFFICE EVIDENCE LOCKER. |
