| Probable cause affidavit: |
SUBMITTED BY: CRUZ, ABNER 0517 (AR12-3353) 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 CLEAR PLASTIC BAGGIE, CONTAINING CANNABIS, AND A BLACK EYEGLASSES CASE, WHICH CONTAINED A METAL PIPE COMMONLY USED FOR SMOKING CANNABIS, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF MORE THAN 20 GRAMS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). ON 103112, I RESPONDED AS BACKUP FOR DEPUTY HRYC (0701), WHO HAD INITIATED A TRAFFIC STOP AT THE INTERSECTION OF WEST GROVER CLEVELAND BOULEVARD, SOUTH SPRING SONG TERRACE, HOMOSASSA. UPON MY ARRIVAL, I MADE CONTACT WITH DEPUTY HRYC. HE ADVISED THAT WHILE CONDUCTING TRAFFIC, HE HAD OBSERVED A BLACK IN COLOR SUV STYLE VEHICLE, BEARING FLORIDA LICENSE PLATE A8BK AS IT WENT THROUGH THE INTERSECTION OF HOLIDAY AND ALBRIGHT. HE ADVISED THAT THE SUBJECT HAD NOT STOPPED AT THE STOP SIGN, LOCATED ON ALBRIGHT. DEPUTY HRYC ADVISED THAT AT THAT TIME, HE HAD INITIATED A TRAFFIC STOP ON SAID VEHICLE. DEPUTY HRYC ADVISED THAT HE THEN APPROACHED THE VEHICLE, AND MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR TIMOTHY CHARLES PIERCE. HE ADVISED THE DEFENDANT OF THE REASON FOR THE TRAFFIC STOP, AND AFTER GATHERING THE DEFENDANTâS IDENTIFICATION, ASKED PERMISSION TO SEARCH THE VEHICLE, WHICH THE DEFENDANT DENIED. DEPUTY HRYC ADVISED THAT THE DEFENDANT APPEARED TO BE VERY NERVOUS THROUGHOUT THEIR CONVERSATION, AND WAS STUTTERING. DEPUTY HRYC THEN CONDUCTED AN EXTERIOR SNIFF OF THE VEHICLE, UTILIZING HIS CANINE PARTNER ZEUS. AFTER THE COMPLETION OF THE SNIFF, DEPUTY HRYC ADVISED THAT ZEUS HAD ALERTED TO THE ODOR OF NARCOTICS. DEPUTY HRYC THEN INITIATED A SEARCH OF THE DEFENDANTâS VEHICLE. DURING HIS SEARCH, HE LOCATED IN THE CENTER CONSOLE OF THE DEFENDANTâS VEHICLE, A CLEAR PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE. DEPUTY HRYC ALSO LOCATED IN THE SAME AREA A BLACK IN COLOR EYEGLASSES CASE, WHICH CONTAINED ANOTHER CLEAR PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE, AND A METAL PIPE. BASED ON MY TRAINING AND EXPERIENCE, I BELIEVED THE GREEN LEAFY SUBSTANCE TO BE CANNABIS, AND THE PIPE TO BE DRUG PARAPHERNALIA COMMONLY USED IN THE SMOKING CONSUMPTION OF CANNABIS. THE GREEN LEAFY SUBSTANCE WAS THEN FIELD TESTED USING A CITRUS COUNTY SHERIFF'S OFFICE FIELD TESTING KIT, WHICH YIELDED A POSITIVE RESULT FOR THE PRESENCE OF THC, AND VALIDATING IT TO BE CANNABIS. THE CANNABIS WAS THEN WEIGHED, AND FOUND TO WEIGH 31.0 GRAMS. I THEN ADVISED THE DEFENDANT THAT I WAS PLACING HIM UNDER ARREST, FOR THE POSSESSION OF MORE THAN TWENTY GRAMS OF CANNABIS, AND POSSESSION OF DRUG PARAPHERNALIA. THE DEFENDANT WAS THEN HANDCUFFED, DOUBLE LOCKED BEHIND HIS BACK, AND SECURED IN THE REAR OF MY PATROL VEHICLE. I THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HE WAS RELEASED TO DETENTION FACILITY STAFF FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF POSSESSION OF MORE THAN TWENTY GRAMS OF CANNABIS, AND ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA. THE DEFENDANTâS BOND WAS SET AT $5,500.00, PER THE BOND SCHEDULE. DEPUTY HRYC STAYED ON SCENE UNTIL THE DEFENDANTâS VEHICLE WAS REMOVED. THE DEFENDANTâS VEHICLE WAS TOWED BY DAVEâS TOWING. ALL EVIDENCE WAS COLLECTED, AND LATER TURNED INTO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION. THE DEFENDANT WAS ALSO ISSUED CITRUS COUNTY SHERIFF'S OFFICE WRITTEN WARNING, NUMBER 358579B, FOR FAILURE TO OBEY A TRAFFIC DEVICE. |
