| Probable cause affidavit: |
SUBMITTED BY: CUTLIP, JOSHUA 0721 (AR12-3332) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CRYSTAL METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). 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; CRYSTAL METHAMPHETAMINE, TO WIT: A PLASTIC TUBE USED TO INGEST METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, KEY TRAINING CENTER, TO WIT: TWO HEWLETT PACKARD PRINTERS, POWER CORD, DECORATIVE WALL HANGING, BROWN LEATHER FINGERNAIL MANICURE KIT, AND A SURVIVAL COMPASS, SAID PROPERTY BEING OF A VALUE OF $8.00 WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM OF A RIGHT TO THE PROPERTY OR A BENEFIT THEREOF, OR DID APPROPRIATE THE SAID PROPERTY TO HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATE STATUTES 812.014(1) and 812.014(3)(a). ON 103012, AT APPROXIMATELY 0358 HOURS, WHILE CONDUCTING ACTIVE PATROL INCLUDING COMMERCIAL SECURITY CHECKS IN THE CITY OF INVERNESS, AND WHILE PASSING BY THE KEY TRAINING CENTER, LOCATED AT 1625 WEST MAIN STREET, I NOTICED A SUSPICIOUS VEHICLE BEARING FLORIDA TAG 339NKF, WITH TWO OCCUPANTS. AT THAT TIME I POSITIONED MY PATROL CAR IN THE AREA WHERE THE SUBJECTS COULD NOT SEE ME AND THEN EXITED MY PATROL VEHICLE AND GOT OUT ON FOOT. I APPROACHED THE SUBJECTS FROM THE FRONT OF THE KEY TRAINING CENTER; HOWEVER, CONCEALED MYSELF AROUND THE CORNER OF THE KEY TRAINING CENTER BUILDING, SO AS NOT TO BE SEEN BY THE SUBJECTS. AT THAT TIME I VISUALLY OBSERVED FOR APPROXIMATELY TEN MINUTES BOTH SUBJECTS RUMMAGING THROUGH THE KEY CENTER DROP OFF AREA WHICH HAS SEVERAL ITEMS OF MERCHANDISE OUTSIDE UNDER THE ENCLOSED OVERHANG OF THE BUILDING. WHILE OBSERVING THE SUBJECTS I NOTICED THE DEFENDANT, LATER IDENTIFIED AS MR TONY ROBERT RAY, PICK UP, WHAT APPEARED TO BE SOME TYPE OF ELECTRONIC DEVICE, AND AT THAT TIME THE DEFENDANT PLACED THE ITEM IN THE REAR OF THE 1999 NISSAN PATHFINDER, REGISTERED TO MS JONI LEE PAUGH. I CONTINUED TO OBSERVE THE DEFENDANT AND THE FEMALE SUBJECT, LATER IDENTIFIED AS MS JONI PAUGH, RUMMAGE THROUGH THE MISCELLANEOUS ITEMS, AT WHICH TIME I SAW THE DEFENDANT AGAIN PICK UP AND REMOVE AN ITEM AND PLACE IT IN THE REAR OF THE NISSAN PATHFINDER. I OBSERVED BOTH THE SUBJECT AND DEFENDANT ENTER INTO THE DROP OFF AREA, WHERE BOTH WERE OBSERVED TO BE RUMMAGING THROUGH THE MISCELLANEOUS ITEMS; HOWEVER, THE DEFENDANT WAS THE ONLY PERSON ACTIVELY TAKING MERCHANDISE FROM THE KEY CENTER DROP OFF AREA AND PLACING IT IN THE REAR OF THE PATHFINDER VEHICLE. AT THAT TIME, WHILE CONTINUING TO OBSERVED THE SUBJECTS, I NOTICED THE FEMALE SUBJECT, MS PAUGH, RETURN TO THE DRIVERâS SIDE FRONT SEAT WHERE SHE REMAINED INSIDE THE VEHICLE, WHILE THE DEFENDANT CONTINUED TO COLLECT OTHER MISCELLANEOUS ITEMS FROM THE KEY TRAINING CENTER DROP OFF AREA AND PLACE THEM IN THE REAR OF THE PATHFINDER VEHICLE. AT THAT TIME I INFORMED DISPATCH OF THE SITUATION, AND REQUESTED BACKUP. I THEN APPROACHED THE DEFENDANT AND THE FEMALE SUBJECT, AND NOTICED THE DEFENDANT TO BE IN THE DROP OFF AREA OF THE KEY TRAINING CENTER. I ANNOUNCED MYSELF AS A DEPUTY SHERIFF WITH CITRUS COUNTY AND IMMEDIATELY, UPON THE DEFENDANT NOTICING ME HE PLACED HIS HANDS INSIDE OF HIS RED WINTER JACKET AND BECAME NERVOUS AND FIDGETY AND CONTINUED TO WANT TO PLACE HIS HANDS INSIDE HIS JACKET. AT THAT TIME I ORDERED THE DEFENDANT TO REMOVE HIS HANDS FROM HIS JACKET POCKETS AND TO PLACE THEM ON TOP OF HIS HEAD FOR OFFICER SAFETY PURPOSES. AS THE DEFENDANT WAS REMOVING HIS HANDS FROM HIS POCKETS I NOTICED FROM THE LEFT JACKET POCKET, A CLEAR PLASTIC/CELLOPHANE WRAPPER FALL FROM THE DEFENDANTâS JACKET POCKET. AT THAT TIME, WHILE WAITING FOR BACKUP AND WHILE HAVING BOTH THE DEFENDANT AND THE FEMALE SUBJECT IN FRONT OF ME, IN PLAIN SIGHT, I SEPARATED THE TWO AND PLACED THE DEFENDANT IN HANDCUFFS FOR FURTHER INVESTIGATION. I KEPT THE DEFENDANT AND THE CLEAR PLASTIC BAGGIE IN CLOSE PROXIMITY TO NOT ALLOW FOR ANY INCONSISTENCIES TO OCCUR. I ASKED THE DEFENDANT IF HE HAD ANY MEANS OF PERSONAL IDENTIFICATION, TO WHICH HE STATED HE DID NOT. THEREFORE, THE DEFENDANT WAS RUN VIA TELETYPE BY HIS NAME AND DATE OF BIRTH, WHICH YIELDED NEGATIVE RESULTS FOR ANY WANTS OR WARRANTS, BUT GAVE POSITIVE IDENTIFICATION AS TO WHO THE DEFENDANT WAS. IT IS TO BE NOTED THAT AT THIS TIME THE BAGGIE/CELLOPHANE WRAPPER THAT FELL FROM THE DEFENDANTâS LEFT JACKET POCKET WAS ISOLATED AND LEFT UNDISTURBED UNTIL BACKUP COULD ARRIVE. DEPUTY RODRIGUEZ, DEPUTY BLOTZ, AND DEPUTY CROSNOE LATER ARRIVED ON SCENE, AT WHICH TIME I COLLECTED THE ITEM WHICH FELL FROM THE DEFENDANTâS JACKET POCKET, WHICH WAS A SMALL CLEAR PLASTIC BAGGIE CONTAINING A CRYSTAL LIKE SUBSTANCE. THIS SUBSTANCE WAS LATER FIELD TESTED BY THIS DEPUTY WHICH YIELDED POSITIVE RESULTS FOR METHAMPHETAMINE. WHILE THE FEMALE SUBJECT WAS BEING QUESTIONED BY DEPUTY BLOTZ, I SEARCHED THE DEFENDANT AND LOCATED, ON THE DEFENDANTâS INNER SWEATER, A SMALL RECTANGULAR ZIPPER POUCH WHICH CONTAINED A PLASTIC TUBE/STRAW-LIKE ITEM. INSIDE THE PLASTIC TUBE I OBSERVED WHAT APPEARED TO BE RESIDUAL CRYSTALS. THE PLASTIC TUBE WAS FIELD TESTED AND ALSO REVEALED A POSITIVE FIELD TEST FOR METHAMPHETAMINE. NO OTHER ITEMS OF PARAPHERNALIA OR WEAPONS WERE FOUND ON THE DEFENDANT AT THIS TIME. I THEN PLACED THE DEFENDANT IN THE REAR SEAT OF MY PATROL CAR. AFTER SECURING THE PARAPHERNALIA AND THE CONTROLLED SUBSTANCE IN THE TRUNK OF MY PATROL VEHICLE I RETURNED TO THE DEFENDANT WHERE I READ HIM HIS MIRANDA RIGHTS VIA A PREPRINTED AGENCY APPROVED MIRANDA CARD, AND QUESTIONED HIM IN REFERENCE TO THE THEFT OF MERCHANDISE FROM THE KEY TRAINING CENTER. THE DEFENDANT WILLINGLY CHOSE TO SPEAK WITH ME AFTER HAVING BEEN READ HIS MIRANDA RIGHTS, WHERE HE FREELY ADMITTED TO STEALING THE ITEMS FROM THE KEY TRAINING CENTER, WHICH WERE LATER IDENTIFIED AS TWO HEWLETT PACKARD PRINTERS, ONE HEWLETT PACKARD POWER ADAPTOR CORD, A SURVIVAL COMPASS, A FISHNET DECORATIVE ITEM, AND A BROWN LEATHER FINGERNAIL MANICURE KIT. THE DEFENDANT STATED THE REASON HE STOPPED AT THE KEY TRAINING CENTER WAS FOR THE PURPOSE OF DROPPING OFF A BAG OF CLOTHING; HOWEVER, NOTICED THE ITEMS WHICH HE TOOK AND DECIDED TO BENEFIT HIMSELF WITH THESE ITEMS. I THEN QUESTIONED THE DEFENDANT IN REFERENCE TO THE BLACK RECTANGULAR ZIPPER POUCH FOUND ON HIS PERSON, INSIDE HIS SWEATER, AND THE DEFENDANT STATED THE ZIPPER POUCH AND PLASTIC TUBE WAS NOT HIS AND IT BELONGED TO THE FEMALE SUBJECT MS JONI PAUGH. I ALSO QUESTIONED THE DEFENDANT IN REFERENCE TO THE CLEAR PLASTIC BAGGIE CONTAINING CRYSTAL METHAMPHETAMINE, WHICH HAD OBSERVED TO FALL FROM THE DEFENDANTâS LEFT JACKET POCKET, AND HE STATED THAT was not HIS AND HE DOES NOT DO DRUGS. THE DEFENDANT WAS NOT ASKED ANY FURTHER QUESTIONS AT THAT TIME. HE WAS LEFT IN THE REAR SEAT OF THE PATROL VEHICLE AND DEPUTY BLOTZ WAS REQUESTED TO WATCH HIM WHILE I FINISHED QUESTIONING THE FEMALE SUBJECT AND RETRIEVED the STOLEN MERCHANDISE FROM THE REAR OF THE SUBJECTâS VEHICLE. UPON SPEAKING TO MS JONI PAUGH, SHE STATED THAT SHE HAD NO KNOWLEDGE OF THE DEFENDANTâS ACTIONS. I REMOVED THE STOLEN MERCHANDISE FROM THE REAR OF HER VEHICLE AND SECURED IT IN MY PATROL CAR TO BE TURNED OVER TO EVIDENCE AT A LATER TIME. AT THAT TIME I INFORMED THE FEMALE SUBJECT SHE WAS FREE TO GO. I THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT. UPON ARRIVAL AT THE DETENTION FACILITY THE DEFENDANT WAS SEARCHED BY CORRECTIONâS CORPORATION OF AMERICA (CCA) STAFF FOR FURTHER CONTRABAND OR ILLEGAL DRUGS WHICH YIELDED NEGATIVE RESULTS. I THEN WEIGHED ON A CERTIFIED SCALE THE CLEAR PLASTIC BAGGIE CONTAINING THE CRYSTAL LIKE SUBSTANCE WHICH YIELDED APPROXIMATE WEIGHT OF 0.5 GRAMS. THE SUBSTANCE WAS COLLECTED AND LATER TURNED OVER TO EVIDENCE, ALONG WITH THE PLASTIC TUBE CONTAINING THE RESIDUAL CRYSTAL SUBSTANCE. THE DEFENDANTâS BOND WAS SET AT $2,750.00 PER THE BOND SCHEDULE. NO FURTHER ACTION TAKEN BY THIS DEPUTY. |
