| Probable cause affidavit: |
SUBMITTED BY: STOKES, ERIC 0736 (AR17-22974) 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: A GLASS BUBBLE PIPE COMMONLY USED TO INHALE METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 031117, WHILE ON ROUTINE TRAFFIC PATROL IN THE AREA OF THE MARATHON GAS STATION LOCATED AT THE INTERSECTION OF SOUTH GROSS AVENUE AND WEST CARDINAL LANE, IN HOMOSASSA, I OBSERVED A SINGLE CAB SHORT BED FORD RANGER WITH A TOOLBOX, BEARING MICHIGAN LICENSE PLATE DCF9394, EXITING THE MARATHON GAS STATION. THE VEHICLE WAS OCCUPIED BY TWO WHITE MALES AND I OBSERVED THE DRIVER TO BE LEANING FORWARD TOWARDS THE STEERING WHEEL WATCHING THE ONCOMING TRAFFIC. DUE TO HIS POSITION I WAS ABLE TO OBSERVE THE SEATBELT SHOULDER STRAP HANGING ON THE B-PILLAR AND NOT SECURING THE DRIVER IN HIS SEAT. AS I PASSED THE VEHICLE, I IMMEDIATELY PULLED OVER ONTO THE SHOULDER OF THE ROADWAY JUST WEST OF THE GAS STATION, WHERE I WAITED FOR THE DRIVER TO PULL OUT ONTO THE ROAD. THE VEHICLE MADE A RIGHT TURN TRAVELING WESTBOUND ON WEST CARDINAL LANE AND THEN MADE AN IMMEDIATE LEFT TURN ON SOUTH SPARTAN AVENUE. AT THAT TIME, I TURNED MY PATROL VEHICLE AROUND AND POSITIONED IT BEHIND THE VEHICLE. I INITIATED MY OVERHEAD LIGHTS AND THE VEHICLE CAME TO REST ON SOUTH SPARTAN AVENUE JUST NORTH OF WEST WALL COURT. AS I APPROACHED THE VEHICLE, I OBSERVED THE WHITE MALE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR TIMMOTHY PEARSON, TO BE HOLDING HIS DRIVER'S LICENSE AND A PACK OF CIGARETTES IN HIS HAND. THE DEFENDANT WAS INFORMED THAT HE WAS STOPPED FOR NOT WEARING HIS SEATBELT, AT WHICH TIME I OBSERVED THE SEATBELT WAS DAMAGED TO THE POINT THAT IT WOULD NOT FUNCTION. I ALSO OBSERVED A WHITE MALE IN THE PASSENGER SEAT, LATER IDENTIFIED AS MR DEWAYNE MATTHEWSON. I ASKED THE DEFENDANT TO PRODUCE HIS DRIVER'S LICENSE AND REGISTRATION FOR THE VEHICLE. THE DEFENDANT HANDED ME HIS DRIVER'S LICENSE AND ADVISED THAT THE VEHICLE REGISTRATION WAS NOT CURRENT AND DUE TO THE FACT THAT IT WAS NOT HIS VEHICLE HE WAS NOT SURE WHERE IT WAS. THE DEFENDANT THEN REQUESTED THAT MR MATTHEWSON CALL THE REGISTERED OWNER OF THE VEHICLE, MS MAUREEN GRIZZLE, AND ASK HER TO BRING THE VEHICLE REGISTRATION TO THE TRAFFIC STOP LOCATION. I THEN RETURNED TO MY PATROL VEHICLE AND BEGAN TO RUN THE DEFENDANTâS INFORMATION THROUGH FCIC/NCIC TO CHECK HIS DRIVER'S LICENSE STATUS. AS I WAS COMPLETING A WRITTEN WARNING IN REFERENCE TO THE SEAT BELT VIOLATION, MS GRIZZLE WAS DROPPED OFF ON SCENE BY ANOTHER SUBJECT. DUE TO THE FACT THAT MS GRIZZLE WAS WALKING UP TO THE VEHICLE, I STOPPED WRITING THE WARNING AND APPROACHED HER. MS GRIZZLE ADVISED THAT SHE DID IN FACT OWN THE VEHICLE AND THAT THE VEHICLE REGISTRATION SHOULD BE IN THE GLOVEBOX. MS GRIZZLE THEN REQUESTED THAT SHE BE ALLOWED TO LOOK FOR THE REGISTRATION, TO WHICH I ADVISED HER THAT WAS OKAY. AT THAT TIME, I STEPPED TOWARDS THE DRIVERâS DOOR STANDING NEXT TO THE TOOLBOX, WHERE I OVERHEARD MR MATTHEWSON SAYING ââITâS NEXT TO MY FOOT.ââ WHILE MS GRIZZLE WAS GOING THROUGH THE GLOVEBOX TRYING TO FIND THE VEHICLE REGISTRATION, I OBSERVED THE DEFENDANT AND MR MATTHEWSON TO APPEAR CONCERNED WITH AN ITEM ON THE FLOORBOARD AND THEY BOTH GLANCED DOWN AT THE FLOORBOARD MULTIPLE TIMES WHILE I OBSERVED THEM. I CONTINUED TO OBSERVE MS GRIZZLE UNTIL SHE LOCATED THE TITLE CERTIFICATE FOR THE VEHICLE AND SHE DID NOT REMOVE ANYTHING, NOR PLACE ANYTHING INSIDE THE PASSENGER COMPARTMENT OF THE VEHICLE, OTHER THAN REMOVING THE TITLE CERTIFICATE FOR THE VEHICLE. DUE TO THE FACT THAT THE DEFENDANT AND MR MATTHEWSON WERE ACTING SUSPICIOUS, I REQUESTED K-9 DEPUTY WILLIAMS (0730) TO RESPOND TO MY LOCATION TO CONDUCT AN EXTERIOR SNIFF OF THE VEHICLE. WHILE WAITING FOR K-9 DEPUTY WILLIAMS, MS GRIZZLE WAS ASKED TO STAND NEXT TO THE FENCE AWAY FROM THE VEHICLE, TO WHICH SHE ADVISED SHE WOULD. UPON DOING SO, MS GRIZZLE PLACED HER PURSE IN THE BED OF THE VEHICLE AND STEPPED NEXT TO THE FENCE. I RETURNED TO MY PATROL VEHICLE, WHERE I CONTINUED TO COMPLETE THE WRITTEN WARNING. WHEN K-9 DEPUTY WILLIAMS ARRIVED ON SCENE, HE WAS ADVISED OF THE SITUATION. AFTER REQUESTING CONSENT FROM THE DEFENDANT TO SEARCH THE VEHICLE AND BEING DENIED CONSENT, K-9 DEPUTY WILLIAMS DEPLOYED HIS K-9 PARTNER (K-9 SAMSON) AND ADVISED ME THAT HE RECEIVED A POSITIVE ALERT FROM HIS K-9 PARTNER. I STOOD BY MY PATROL VEHICLE, WITH THE DEFENDANT AND MR MATTHEWSON WHILE K-9 DEPUTY WILLIAMS CONDUCTED A HAND SEARCH OF THE VEHICLE. K-9 DEPUTY WILLIAMS ADVISED ME THAT HE LOCATED A BLACK FABRIC BAG CONTAINING SYRINGES AND A BOTTLE CAP WITH FILTER MEDIA, UNDERNEATH THE BENCH SEAT ON THE FLOORBOARD BETWEEN THE DRIVER AND PASSENGER SEAT. AT THAT TIME, I OBSERVED MR MATTHEWSONâS PANTS ZIPPER FLY TO BE DOWN AND HE APPEARED TO BE FIDGETING WITH HIS PANTS TO ZIP THEM WITHOUT ME NOTICING. BASED ON THE FACT THAT THE GROIN AREA IS A COMMON PLACE TO HIDE NARCOTICS AND THE FACT THAT I OVERHEARD MR MATTHEWSON ADVISING THE DEFENDANT THAT AN ITEM WAS ON THE FLOORBOARD NEXT TO HIS FOOT, I DETERMINED THAT HE WAS IN CONSTRUCTIVE POSSESSION OF THE SYRINGES AND THE BOTTLE CAP WITH FILTER MEDIA. MR MATTHEWSON WAS THEN ADVISED THAT HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF DRUG PARAPHERNALIA. MR MATTHEWSON WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND AS I PLACED HIM IN THE REAR SEAT OF MY PATROL VEHICLE HE BEGAN SAYING THAT THE DEFENDANT HID A METHAMPHETAMINE PIPE IN THE DASH NEXT TO THE RADIO. I REQUESTED THAT THE DEFENDANT AND MS GRIZZLE COMPLETE SWORN WRITTEN STATEMENTS DUE TO THE FACT THAT THEY WERE BOTH ADVISING THAT THE SYRINGES DID NOT BELONG TO THE DEFENDANT. THE DEFENDANTâS STATEMENT ADVISED THAT MR MATTHEWSON HAD A BLACK POUCH CONTAINING SYRINGES INSIDE OF HIS PANTS AND AS K-9 DEPUTY WILLIAMS ARRIVED ON SCENE, MR MATTHEWSON PULLED THE POUCH OUT OF HIS PANTS AND SAID ââIF THEY FIND THE POUCH I WILL OWN UP TO IT.ââ MS GRIZZLEâS STATEMENT CORROBORATED THE DEFENDANTâS STORY. AS I COLLECTED THE WRITTEN STATEMENTS, K-9 DEPUTY WILLIAMS RETURNED TO THE VEHICLE AND LOCATED A GLASS BUBBLE PIPE COMMONLY USED TO INHALE METHAMPHETAMINE IN THE DASH NEAR THE RADIO ON THE DRIVERâS SIDE. BASED ON MR MATTHEWSONâS STATEMENT AND THE LOCATION OF THE METHAMPHETAMINE PIPE, THE DEFENDANT WAS THEN PLACED UNDER ARREST AND HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. I STOOD BY WITH THE DEFENDANT UNTIL DEPUTY MERRITT ARRIVED ON SCENE TO ASSIST ME IN TRANSPORTING HIM TO THE CITRUS COUNTY DETENTION FACILITY. I THEN TRANSPORTED MR MATTHEWSON TO THE CITRUS COUNTY DETENTION FACILITY. DEPUTY MERRITT TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT WAS ISSUED WRITTEN WARNING 411094B FOR NOT WEARING HIS SEATBELT. ONE OF THE SYRINGES CONTAINED AN OILY CLEAR SUBSTANCE WHICH TESTED POSITIVE FOR THE PRESENCE OF METHAMPHETAMINE USING AN AGENCY ISSUED FIELD TEST KIT. ALL OF THE DRUG PARAPHERNALIA WAS COLLECTED AND TURNED IN TO EVIDENCE. THE DEFENDANTâS BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. |
