| Probable cause affidavit: |
SUBMITTED BY: VIGGIANO, PAUL 0682 (AR10115662) 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: THE DEFENDANT DID HAVE HYPODERMIC NEEDLES, A SPOON CUT OFF AT THE BASE, COTTON BALLS, ALCOHOL SWABS, TWO RED BULL CONTAINERS CONTAINING AN UNKNOWN SUBSTANCE AND TWO HYPODERMIC NEEDLES, IN VIOLATION OF FLORIDA STATE STATUTES 893.147(1). did then and there unlawfully have in HIS constructive possession a certain habit-forming, toxic, harmful, new or legend drug without having obtained said drug by a valid prescription, TO WIT: THE DEFENDANT HAD IN HIS CONSTRUCTIVE POSSESSION PRESCRIPTION NARCOTIC, VENLAFAXINE, in violation of Florida Statute 499.03(1). ON 070310, AT APPROXIMATELY 1018 HOURS I WAS DISPATCHED TO 6704 WEST APPIAN STREET IN HOMOSASSA, IN REFERENCE TO A SUSPICIOUS PERSON. UPON ARRIVAL AT THE RESIDENCE I MADE CONTACT WITH THE COMPLAINANT WHO ADVISED THAT MR TIMOTHY COURTNEY (DEFENDANT) HAD COME TO THEIR RESIDENCE ON SEVERAL SEPARATE OCCASIONS REQUESTING MONEY AND ADVISING THAT HE HAD CHILDREN AND WAS CURRENTLY HOMELESS. THE COMPLAINANT STATED THAT THE DEFENDANT OFFERED TO DO SOME ODD JOBS AROUND THE RESIDENCE, HOWEVER, HE WISHED TO BE PAID IN CASH UP FRONT. THE COMPLAINANT WAS CONCERNED ABOUT THE DEFENDANT'S DEMEANOR AND ASKED THAT I MAKE CONTACT WITH HIM TO MAKE SURE THAT HE WAS OKAY. CONTACT WAS THEN MADE WITH THE DEFENDANT AT WHICH TIME I REQUESTED HIS IDENTIFICATION TO WHICH HE ADVISED THAT HE DID NOT HAVE ANY ON HIS PERSON. I THEN ASKED THE DEFENDANT IF I COULD PAT HIM DOWN FOR WEAPONS TO WHICH HE ADVISED THAT I COULD. I DID LOCATE TWO POCKET KNIVES ON THE DEFENDANT'S PERSON. THE DEFENDANT WAS HOLDING A CIGARETTE PACKAGE AT WHICH TIME I ASKED HIM IF I COULD LOOK INSIDE THE CIGARETTE PACKAGE TO WHICH HE VOLUNTARILY CONSENTED. INSIDE THE CIGARETTE PACKAGE I DISCOVERED ONE LOOSE WHITE OBLONG PILL THAT THE DEFENDANT ADVISED WAS HIS AUNT'S PRESCRIPTION NON NARCOTIC PAIN KILLER. THERE WERE NO IDENTIFYING MARKS ON THE PILL BECAUSE IT APPEARED THAT THEY HAD BEEN SCRAPPED OFF. THE DEFENDANT ALSO HAD A BACKPACK ON THE GROUND NEXT TO HIM AT WHICH TIME I ASKED HIM IF HE WOULD GIVE ME PERMISSION TO SEARCH THE BAG. HE REPLIED THAT I COULD AND ADVISED THAT THERE WAS A PADLOCK ON THE BAG AND PROCEEDED TO OPEN IT FOR ME. IMMEDIATELY UPON SEARCHING THE BAG, I DISCOVERED A BROWN WOMAN'S WALLET CONTAINING THREE USED HYPODERMIC SYRINGES, A METAL SPOON THAT HAD BEEN CUT OFF AT THE BASE AND COMMONLY USED FOR HEATING UP THE PILLS IN PREPARATION FOR INJECTION. ALSO IN THE WALLET I LOCATED PIECES OF COTTON THAT ARE COMMONLY USED TO FILTER THE SUBSTANCE FROM THE SPOON INTO THE HYPODERMIC NEEDLE. UPON FURTHER EXAMINATION OF THE BAG, I DISCOVERED A WALGREENS IBUPROFEN CONTAINER CONTAINING 13 OFF WHITE ROUND PILLS WITH THE MARK, 7382, ON ONE SIDE AND ON THE REVERSE SIDE A 9 WITH A DIVIDING LINE AND A 3. CONTACT WAS MADE WITH THE POISON CONTROL HOTLINE WHERE I SPOKE WITH REGISTERED NURSE, JOANNE NICHOLS. SHE ADVISED THAT THE PILLS WERE A PRESCRIPTION NON SCHEDULED NARCOTIC KNOWN AS "VENLAFAXINE" AND ALSO KNOWN AS "EFFEXOR", A 75 MILLIGRAM ANTI- DEPRESSANT. PRIOR TO COMPLETING THE SEARCH OF THE BAG, I LOCATED TWO RED BULL (2 OUNCE) ENERGY SHOT CONTAINERS. ONE CONTAINED AN UNKNOWN RESIDUE AND TWO HYPODERMIC NEEDLE CAPS AND THE OTHER CONTAINED AN UNKNOWN LIQUID SUBSTANCE. AT THAT POINT THE DEFENDANT WAS READ MIRANDA VIA PRE- PRINTED AGENCY CARD AND STATED THAT HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH ME. THE DEFENDANT ADVISED THAT THE UNKNOWN LIQUID SUBSTANCE IN THE RED BULL CONTAINER WAS WATER THAT HE USES TO CUT THE PILLS THAT HE INJECTS. THE DEFENDANT STATED THAT HE HAD NOT INJECTED ANY ILLEGAL SUBSTANCES IN HIS BODY FOR APPROXIMATELY 8 OR 9 DAYS. WHEN I ASKED HIM WHOSE PILLS WERE IN HIS BAG HE ADVISED THAT THEY MUST BE HIS AUNT'S, BUT COULD NOT ADVISE HOW THEY GOT IN HIS BAG. I ALSO OBSERVED FRESH TRACK MARKS ON THE DEFENDANT'S RIGHT ARM. AT THAT TIME THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE. I THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING, WHERE HE WAS CHARGED WITH ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA AND ONE COUNT OF POSSESSION OF PRESCRIBED DRUG WITH NO VALID PRESCRIPTION. THE DEFENDANT HAD A TOTAL BOND OF $750.00 PER THE BOND SCHEDULE. ALL DRUGS AND PARAPHERNALIA WERE COLLECTED, PACKAGED AND A PROPERTY RECEIPT WAS COMPLETED. ALL ITEMS TO BE TURNED INTO EVIDENCE. *NOT-EXEMPT* |
