| Probable cause affidavit: |
SUBMITTED BY: HESSE, NICK 0689 (AR10118031) DID, KNOWING HIS DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: ONE ROXICODONE 15 MILLIGRAM TABLET, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). ON 11210 AT APPROXIMATELY 0200 HOURS, I RESPONDED TO US HIGHWAY 41 SOUTH AT THE INTERSECTION OF EDEN DRIVE IN ORDER TO ASSIST SERGEANT SMITH WITH A TRAFFIC STOP. UPON ARRIVAL I MADE CONTACT WITH SERGEANT SMITH, WHO ADVISED THAT HE STOPPED THE DEFENDANT FOR HAVING A SUSPENDED LICENSE AFTER POSITIVELY IDENTIFYING HIM VIA THE DRIVER AND VEHICLE IDENTIFICATION DATABASE. AT THAT TIME, DEPUTY DEARDEN ARRIVED ON SCENE AND DEPLOYED HIS NARCOTICS CERTIFIED CANINE AROUND THE DEFENDANT'S VEHICLE. I OBSERVED DEPUTY DEARDEN AND CANINE TYSON CIRCLE THE DEFENDANT'S VEHICLE. SOON AFTER, I WAS ADVISED OF A POSITIVE ALERT TO THE ODOR OF NARCOTICS ON THE DEFENDANT'S VEHICLE BY DEPUTY DEARDEN. I THEN ESCORTED THE DEFENDANT TO THE FRONT OF SERGEANT SMITH'S PATROL VEHICLE, WHERE HE WAS PLACED UNDER ARREST FOR DRIVING WHILE LICENSE SUSPENDED WITH KNOWLEDGE. THE DEFENDANT WAS HANDCUFFED, DOUBLE LOCKED (HANDS BEHIND HIS BACK) AND A SEARCH OF HIS PERSON YIELDED A SMALL GREEN CIRCULAR PILL IN A PLASTIC BAGGY. THE PILL AND BAGGY WAS LOCATED IN THE DEFENDANT'S RIGHT FRONT CHANGE POCKET AND WAS SCORED AS "A 214". THE PILL WAS THEN IDENTIFIED THROUGH A DRUG IDENTIFICATION BIBLE AS BEING ROXICODONE, A 15 MILLIGRAM TABLET. THE DEFENDANT STATED MULTIPLE TIMES THAT HE HOLDS A PRESCRIPTION FOR THE MEDICATION; HOWEVER IT WAS AT HOME AND HE HAD NO OTHER WAY TO PROVE THAT FACT. PRIOR TO TRANSPORTING THE DEFENDANT, IT WAS CONFIRMED THROUGH TELETYPE THAT THE DEFENDANT CURRENTLY HOLDS A REVOKED DRIVER'S LICENSE AS OF 083010 FOR DRIVING UNDER THE INFLUENCE (DUI). THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND TURNED OVER TO STAFF FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $5,000.00 FOR POSSESSION OF A CONTROLLED SUBSTANCE WITHOUT A PRESCRIPTION AND $10,000.00 FOR DRIVING WHILE LICENSE SUSPENDED (REVOKED FOR DUI). BOTH BOND AMOUNTS WERE SET ACCORDING TO THE RECOMMENDED BOND SCHEDULE. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION, NUMBER 2141-ETP-6, FOR DRIVING WHILE LICENSE SUSPENDED/REVOKED FOR DUI, WITH A MANDATORY COURT DATE OF 120910 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
