| Probable cause affidavit: |
SUBMITTED BY: QUINN, STEPHEN 1241 (16-138795) (AR16-21251) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: 4.7 GRAMS OF CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). 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 MARIJUANA BOWL USED FOR SMOKING LOCATED IN THE GLOVE COMPARTMENT ON HIS SIDE OF THE VEHICLE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1) ON 100916, AT APPROXIMATELY 0303 HOURS, WHILE CONDUCTING TRAFFIC ENFORCEMENT IN MY ZONE, I OBSERVED A VEHICLE PASS ME WITH NO REAR BRAKE LIGHTS. UPON CATCHING UP TO THE VEHICLE, I INITIATED A TRAFFIC STOP UTILIZING ALL MY EMERGENCY OVERHEAD EQUIPMENT. THE VEHICLE WAS A 2011 ORANGE SUZUKI FOUR DOOR BEARING FLORIDA LICENSE PLATE 1418PL WHICH CAME TO A FINAL STOP AT 4035 NORTH LECANTO HIGHWAY, IN BEVERLY HILLS. UPON MAKING CONTACT WITH THE DRIVER, LATER IDENTIFIED AS MAGGIE SUE GRAY, I ASKED HER FOR HER DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE TO WHICH SHE STATED THAT SHE DID NOT HAVE ANY DUE TO HER BEING ONLY 14 YEARS OF AGE. WHILE SPEAKING WITH THE DRIVER, I COULD SMELL AN ODOR EMITTING FROM THE VEHICLE THAT I RECOGNIZED THROUGH MY TRAINING AND EXPERIENCE TO BE MARIJUANA. I ASKED THE DRIVER WHY SHE WAS DRIVING, TO WHICH SHE STATED SHE WAS JUST DRIVING TO MCDONALDS TO GET SOMETHING TO EAT. I ASKED HER IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE, AND THE DRIVER STATED THAT THERE WAS NOT. DUE TO THE ODOR EMITTING FROM THE VEHICLE, I ASKED IF THERE WAS ANY MARIJUANA LOCATED INSIDE THE VEHICLE, AT THAT TIME THE PASSENGER, LATER IDENTIFIED AS, MR TREVOR MCCOY, STATED THAT THEY SMOKED MARIJUANA EARLIER IN THE EVENING AND THAT WAS WHY IT SMELLED LIKE MARIJUANA. HE ALSO STATED THAT THERE WAS NO OTHER MARIJUANA IN THE VEHICLE. AT THAT TIME, I ASKED THE DRIVER AND THE PASSENGER TO STEP OUT OF THE VEHICLE, TO WHICH THEY COMPLIED AND A HAND SEARCH WAS CONDUCTED OF THE VEHICLE. WHILE CONDUCTING A HAND SEARCH OF THE VEHICLE, LOCATED INSIDE THE GLOVE COMPARTMENT, WHICH WAS ON THE PASSENGERâS SIDE OF THE VEHICLE, A BLACK PIPE COMMONLY USED FOR SMOKING MARIJUANA WAS LOCATED ALONG WITH A PLASTIC BAG CONTAINING A GREEN LEAFY SUBSTANCE. THE CONTENTS OF THE PIPE WERE TESTED ALONG WITH THE CONTENTS OF THE PLASTIC BAG, USING AN AGENCY ISSUED FIELD TEST KIT, WHICH TESTED POSITIVE FOR MARIJUANA. AT THAT TIME, DUE TO THE DEFENDANT SITTING IN THE PASSENGERâS SEAT, WHICH WAS LOCATED IN FRONT OF THE GLOVE COMPARTMENT, HE WAS FOUND TO BE IN CONSTRUCTIVE POSSESSION OF THE PARAPHERNALIA AND THE MARIJUANA. THE DEFENDANT WAS THEN PLACED IN HANDCUFFS, DOUBLE-LOCKED, BEHIND HIS BACK. AT THAT TIME, THE DEFENDANT WAS READ HIS MIRANDA RIGHTS, VIA PRE-PRINTED CARD, AND ASKED IF HE WISHED TO SPEAK WITH ME, TO WHICH HE STATED, YES. HE STATED THAT HE MADE A MISTAKE AND HE WAS SORRY FOR ORIGINALLY LYING TO THIS DEPUTY ABOUT NOT HAVING ANY MARIJUANA IN THE VEHICLE. THE DEFENDANT WAS THEN SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS $1,000.00 FOR THE POSSESSION OF PARAPHERNALIA, AND $1,000.00 FOR THE POSSESSION OF MARIJUANA, LESS THAN 20 GRAMS, WITH A TOTAL BOND OF $2,000.00 PER THE BOND SCHEDULE. NO FURTHER ACTION BY THIS DEPUTY. |
