| Probable cause affidavit: |
SUBMITTED BY: ANSTEAD, LAURA 0459 (AR07004997) did unlawfully have in HER actual or constructive possession a controlled substance, to-wit: Cannabis, commonly known as Marijuana, OVER TWENTY GRAMS with the intent to sell the said substance to another person, in violation of Florida Statutes 893.03(1)(c)7 and 893.13(1)(a)2; AND did knowingly, willfully and feloniously be in the actual or constructive possession of a controlled substance, to-wit: XANAX AND OXYCONTIN, WITH THE INTENT TO DELIVER, in violation of Florida Statutes 893.13(6)(a) and 893.13(1)(A)(1); AND did unlawfully have in HER actual or constructive possession with 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, MARIJUANA, said object being A DIGITAL SCALE, in violation of Florida Statutes 893.145 and 893.147. ON 090807 I WAS PARKED ON NORTH SUNCOAST BOULEVARD NEAR WATERGATE LANE. I THEN BEGAN TO TURN AROUND TO PARK MY VEHICLE POINTING SOUTH TO CONDUCT STATIONARY RADAR. AS I BEGAN TO POSITION MY VEHICLE, I OBSERVED A SILVER PASSENGER VEHICLE PASS BY MY LOCATION. I WATCHED THE VEHICLE AS IT PASSED, AT WHICH TIME, I WAS UNABLE TO SEE A LICENSE PLATE OR A LIGHT THAT WOULD ILLUMINATE THE LICENSE PLATE. THE ONLY LIGHTS EMITTING FROM THE REAR OF THE VEHICLE WERE TWO TAIL LIGHTS. I THEN PULLED OUT BEHIND THE VEHICLE AND ACCELERATED TO CATCH UP TO THE VEHICLE. WHEN I WAS APPROXIMATELY 20 FEET AWAY FROM THE VEHICLE, I WAS ABLE TO SEE THE LICENSE PLATE, NUMBER R599NA, BUT STILL COULD NOT SEE ANY LIGHT ILLUMINATING IT. I THEN CALLED OUT MY TRAFFIC STOP TO DISPATCH AND ACTIVATED MY OVERHEAD LIGHTS. THE VEHICLE STOPPED JUST AFTER WEST BENTBOW PATH, AT WHICH TIME, I EXITED MY PATROL VEHICLE, ACTIVATED MY IN CAR CAMERA SYSTEM AND APPROACHED THE DRIVER SIDE OF THE VEHICLE. I THEN MADE CONTACT WITH THE DRIVER, A WHITE MALE, AND REQUESTED HIS DRIVER'S LICENSE AND REGISTRATION. THE DEFENDANT, A WHITE FEMALE, WAS SEATED IN THE FRONT PASSENGER SEAT AND HANDED ME THE VEHICLE REGISTRATION. I OBSERVED A FEMALE'S NAME ON THE REGISTRATION CARD, AT WHICH TIME, I ASKED THE DEFENDANT IF THE VEHICLE WAS REGISTERED TO HER, TO WHICH SHE STATED IT WAS. THE REGISTRATION CARD IDENTIFIED THE DEFENDANT AS MS TIA MICHELLE VICK. AS I WAS SPEAKING WITH THE OCCUPANTS, I NOTICED A STRONG SMELL EMITTING FROM THE VEHICLE. THROUGH MY TRAINING AND EXPERIENCE, I BELIEVED THE SMELL TO BE UNBURNED MARIJUANA. I LEANED CLOSER TO THE WINDOW AS I SPOKE WITH THE OCCUPANTS AND WAS ABLE TO SMELL THE ODOR EVEN BETTER. THE AIR CONDITIONING IN THE VEHICLE WAS ON HIGH AND WAS BLOWING THE ODOR DIRECTLY INTO MY FACE. AT THAT TIME, I RETURNED TO MY PATROL VEHICLE, AT WHICH TIME, I NOTICED THAT DEPUTY RUBY HAD ARRIVED ON SCENE. I THEN WHISPERED TO DEPUTY RUBY THAT I SMELLED MARIJUANA AND ASKED HIM TO WATCH THE OCCUPANTS OF THE VEHICLE. I RAN BOTH OCCUPANTS THROUGH FCIC/NCIC, WHICH REVEALED THAT THEY HAD NOT WARRANTS. I RETURNED TO THE VEHICLE TO CONDUCT MY INVESTIGATION IN REFERENCE TO THE ODOR OF MARIJUANA. I REQUESTED THE DRIVER EXIT THE VEHICLE, TO WHICH HE COMPLIED. I ASKED THE DRIVER IF THERE WAS ANY MARIJUANA IN THE VEHICLE, TO WHICH HE STATED "MARIJUANA?" I INFORMED THE DRIVER THAT I SMELLED THE ODOR OF MARIJUANA EMITTING FROM THE VEHICLE AND THAT IT WAS VERY STRONG. THE DRIVER THEN NODDED HIS HEAD UP AND DOWN IN THE YES MOTION. WHEN I ASKED THE DRIVER HOW MUCH WAS IN THE VEHICLE, HE STATED HE DID NOT KNOW. AT THAT TIME, THE DRIVER BECAME EVASIVE WITH HIS ANSWERS AND I NOTICED THAT HE WAS NOT OPENING HIS MOUTH VERY MUCH WHILE HE WAS SPEAKING WITH ME. I THEN ASKED THE DRIVER IF HE HAD ANYTHING IN HIS MOUTH, AT WHICH TIME, HE OPENED HIS MOUTH AND I OBSERVED GREENISH BLACK PIECES IN HIS TEETH. I THEN ASKED THE DRIVER IF HE HAD EATEN THE MARIJUANA, TO WHICH HE STATED THAT IT WAS JUST A "ROACH." I CONFIRMED THAT THE DRIVER HAD NO OTHER NARCOTICS OR WEAPONS ON HIS PERSON AND RESPONDED TO THE PASSENGER SIDE OF THE VEHICLE TO SPEAK WITH THE DEFENDANT. I ASKED THE DEFENDANT IF THERE WERE ANY OTHER NARCOTICS IN THE VEHICLE, TO WHICH SHE ACTED SURPRISED AND ADVISED THAT SHE DID NOT KNOW WHAT I WAS TALKING ABOUT. THE DEFENDANT STATED THAT THEY HAD JUST EATEN QUIZNO'S AND THAT SHE STILL HAD THE BAG FROM THE RESTAURANT, WHICH WOULD EXPLAIN THE PARTICLES IN THE DRIVER'S TEETH. I THEN ASKED THE DEFENDANT TO ACCOMPANY ME TO MY PATROL VEHICLE WHERE THE DRIVER WAS STANDING, AT WHICH TIME, I AGAIN ASKED THE DRIVER TO OPEN HIS MOUTH. IT SHOULD BE NOTED THAT PARTICLES IN THE DRIVER'S TEETH WERE CLEARLY NOT FOOD AND WERE FROM A GREEN LEAFY SUBSTANCE NOT CONSISTENT WITH FOOD THAT WOULD BE OBTAINED FROM QUIZNO'S. I ASKED THE DEFENDANT IF SHE HAD ANYTHING IN HER POCKETS, AT WHICH TIME, SHE PLACED HER HANDS IN HER POCKETS AND BEGAN EMPTYING THEM WITHOUT ME ASKING HER TO DO SO. AS SHE PULLED HER RIGHT HAND FROM HER RIGHT POCKET, I OBSERVED TWO PLASTIC BAGGIES FALL FROM HER RIGHT HAND TO THE GROUND. AS SHE BENT OVER TO PICK THEM UP, I ASKED HER WHAT WAS IN THEM, AT WHICH TIME, SHE HELD THEM UP AND ADVISED THAT THEY WERE EMPTY. I OBSERVED ONE OF THE BAGGIES TO BE KNOTTED WITH PILLS IN IT. AS I LOOKED FURTHER AT THE BAGGIE, I OBSERVED TWO BLUE PILLS AND TWO LONG WHITE BARS. THROUGH MY TRAINING AND EXPERIENCE, I OBSERVED THE WHITE BARS TO BE XANAX, ALSO KNOWN AS XANAX BARS. THE DEFENDANT ADVISED THAT THE BLUE PILLS WERE OXYCONTIN. I ASKED THE DEFENDANT IF SHE WAS PRESCRIBED EITHER OF THE PILLS, TO WHICH SHE STATED NO, THAT THEY WERE NOT HERS AND THAT SHE WAS JUST DELIVERING THEM TO HER COUSIN FOR A FRIEND. I AGAIN ASKED THE DEFENDANT IF THERE WAS ANYTHING ELSE IN THE VEHICLE, TO WHICH SHE STATED YES. I ASKED HER WHAT ELSE WAS IN THE VEHICLE, TO WHICH SHE STATED "POT." I ASKED HER WHERE IT WAS LOCATED, TO WHICH SHE STATED " IN THE QUIZNO'S BAG.” AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE-LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT THEN ADVISED THAT THE MARIJUANA WAS HERS AND THAT THE DRIVER DID NOT DO ANYTHING. DEPUTY RUBY RESPONDED TO THE PASSENGER SIDE OF THE VEHICLE WHERE HE LOCATED A BAG OF MARIJUANA WHICH WAS INSIDE A QUIZNO'S BAG ON THE FRONT PASSENGER FLOORBOARD. A FURTHER SEARCH OF THE VEHICLE REVEALED TWO SMALLER BAGGIES OF MARIJUANA CONTAINING APPROXIMATELY FIVE GRAMS EACH, WHICH WERE LOCATED IN THE FRONT POCKET OF THE DEFENDANT'S PURSE. IN A CUBBY IN THE DASHBOARD UNDER THE RADIO, I OBSERVED WHAT APPEARED TO BE A DOUBLE COMPACT DISC (CD) CASE. AS I PICKED UP THE CASE TO LOOK INSIDE, I NOTICED THAT IT WAS HEAVIER THAN A DOUBLE CD CASE WOULD NORMALLY BE. UPON OPENING THE CASE, I OBSERVED A DIGITAL SCALE WHICH WAS COVERED IN MARIJUANA LEAVES AND SEEDS. NO OTHER CONTRABAND WAS LOCATED IN THE VEHICLE. I RESPONDED BACK TO MY PATROL VEHICLE, AT WHICH TIME, I OPENED THE BACK DOOR AND READ THE DEFENDANT HER MIRANDA RIGHTS. THE DEFENDANT ADVISED THAT SHE UNDERSTOOD HER RIGHTS AND WOULD ANSWER MY QUESTIONS. SHE ADVISED THAT SHE WAS JUST RECENTLY IN AN ACCIDENT AND WAS HAVING TROUBLE GETTING A JOB. SHE STATED THAT SHE WAS SELLING THE MARIJUANA TO MAKE ENOUGH MONEY TO MAKE ENDS MEET. SHE ALSO STATED THAT THE MARIJUANA WAS HERS AND THAT THE DRIVER DID NOT APPROVE OF HER SELLING IT; THEREFORE, SHE DID NOT TELL HIM ABOUT IT. I THEN ASKED THE DRIVER IF HE WAS AWARE OF THE MARIJUANA IN THE VEHICLE, TO WHICH HE ADVISED HE WAS NOT AND THAT IT WAS THE DEFENDANT'S. ALL THREE BAGS OF MARIJUANA WERE FIELD TESTED AND DID TEST POSITIVE FOR MARIJUANA. THE DRIVER WAS ISSUED A WRITTEN WARNING FOR INOPERABLE TAG LIGHT AND RELEASED FROM THE SCENE. THE DEFENDANT REQUESTED THAT THE DRIVER TAKE POSSESSION OF THE VEHICLE AND ALL OF HER PERSONAL ITEMS, TO WHICH THE DRIVER AGREED. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS CHARGED WITH ONE COUNT OF POSSESSION OF MARIJUANA MORE THAN 20 GRAMS WITH THE INTENT TO SELL, ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE WITH THE INTENT TO DELIVER AND ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA. THE DEFENDANT'S TOTAL BOND WAS SET AT $20,500.00 PER THE BOND SCHEDULE. ALL EVIDENCE WAS LATER TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE LOCKER. IT SHOULD BE NOTED THAT THE ONE BAGGIE OF MARIJUANA WEIGHED APPROXIMATELY 4.7 GRAMS, THE SECOND BAGGIE OF MARIJUANA WEIGHED APPROXIMATELY 5.8 GRAMS AND THE THIRD BAGGIE OF MARIJUANA WHICH WAS FOUND IN THE QUIZNO'S BAG WEIGHED 29.1 GRAMS. A COPY OF THE IN-CAR VIDEO WAS ALSO TURNED IN TO EVIDENCE. *NOT-EXEMPT* |
