Probable cause affidavit: |
SUBMITTED BY: WEST, JAMES 1286 (AR16-18240) DID, KNOWING HIS DRIVERâS 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)(A). DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). ON 021116 AT APPROXIMATELY 2200 HOURS, I WAS INFORMED BY DEPUTY VIGGIANO (0682) THAT HE OBSERVED A SILVER FOUR DOOR BUICK SEDAN BEARING FLORIDA LICENSE PLATE NUMBER DZCA12, TRAVELING ON WEST HOMOSASSA TRAIL, BEING DRIVEN BY THE DEFENDANT, MR TRISTON SHAW, WHOM HE BELIEVED HAD A SUSPENDED DRIVER'S LICENSE. DEPUTY VIGGIANO INFORMED ME THAT THE VEHICLE PULLED INTO THE RACETRAC PARKING LOT LOCATED AT 3861 SOUTH SUNCOAST BOULEVARD. DEPUTY VIGGIANO CONFIRMED THAT THE DEFENDANT'S DRIVER'S LICENSE WAS SUSPENDED AND INFORMED ME THAT THE VEHICLE WAS ABOUT TO LEAVE THE RACETRAC PARKING LOT. I TURNED NORTH ON TO SOUTH SUNCOAST BOULEVARD FROM WEST HOMOSASSA TRAIL AND OBSERVED A SILVER FOUR DOOR BUICK SEDAN ABOUT TO TURN NORTHBOUND ON SOUTH SUNCOAST BOULEVARD. UPON SEEING MY PATROL VEHICLE, THE SILVER SEDAN REVERSED AND BACKED UP NEXT TO A GAS PUMP. I PARKED MY PATROL VEHICLE IN A PARKING SPOT IN THE RACETRAC PARKING LOT AND APPROACHED THE BUICK SEDAN. I OBSERVED LICENSE PLATE NUMBER DZCA12, WHICH WAS THE SAME NUMBER INDICATED TO ME BY DEPUTY VIGGIANO. I MADE CONTACT WITH THE DEFENDANT, WHO WAS SITTING IN THE DRIVER'S SEAT OF THE VEHICLE AND ASKED IF I COULD SEE HIS DRIVER'S LICENSE. THE DEFENDANT INFORMED ME THAT HE DID NOT HAVE HIS WALLET AND THEREFORE DID NOT HAVE A DRIVER'S LICENSE. I ASKED THE DEFENDANT IF HE LEFT HIS DRIVER'S LICENSE AT HOME OR DID HE NOT HAVE A DRIVER'S LICENSE, TO WHICH THE DEFENDANT RESPONDED THAT HE DID NOT HAVE A DRIVER'S LICENSE. THE DEFENDANT BECAME VISIBLY UPSET WHEN HE DIVULGED THIS INFORMATION TO ME, BEGAN TO SHAKE AND ATTEMPTED TO PACE BETWEEN THE VEHICLE DOOR AND MYSELF. DEPUTY VIGGIANO ARRIVED ON SCENE AND CONFIRMED THAT THE DEFENDANT WAS THE INDIVIDUAL WHO HE OBSERVED DRIVING THE VEHICLE. I ASKED THE DEFENDANT IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE, DUE TO HIS DEMEANOR, TO WHICH HE ADVISED NO AND WE COULD SEARCH THE VEHICLE IF WE WANTED TO. DEPUTY VIGGIANO OPENED THE PASSENGER DOOR TO THE VEHICLE AND INFORMED ME THAT HE COULD DETECT THE ODOR OF CANNABIS. AT THAT TIME, I INFORMED THE DEFENDANT THAT HE WAS BEING DETAINED AND PLACED HIM IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK A SEARCH OF THE VEHICLE WAS CONDUCTED AND LOCATED UNDER THE DRIVER'S SIDE SEAT WERE THE KEYS TO THE VEHICLE AND A PLASTIC BAG CONTAINING APPROXIMATELY EIGHT GRAMS OF CANNABIS. A BURNT CANNABIS BLUNT WAS ALSO LOCATED INSIDE AN ASHTRAY FOUND BETWEEN THE FRONT DRIVER'S SEAT AND PASSENGER SEAT. DEPUTY VIGGIANO ISSUED THE DEFENDANT FLORIDA UNIFORM TRAFFIC CITATION NUMBER 1AP2KJP, FOR DRIVING WHILE LICENSE SUSPENDED WITH KNOWLEDGE.. I SEARCHED AND SECURED THE DEFENDANT IN MY PATROL VEHICLE AND ADVISED HIM THAT HE WAS UNDER ARREST FOR DRIVING WHILE LICENSE SUSPENDED AND POSSESSION OF CANNABIS UNDER 20 GRAMS. THE VEHICLE WAS RELEASED TO THE VEHICLE OWNER ON SCENE. THE CANNABIS WAS COLLECTED AND LATER TURNED IN TO EVIDENCE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING, WHERE HE WAS CHARGED WITH ONE COUNT OF DRIVING WHILE LICENSE SUSPENDED KNOWINGLY WITH A BOND OF $500.00 AND ONE COUNT OF POSSESSION OF CANNABIS UNDER 20 GRAMS WITH A BOND OF $1,000.00, FOR A TOTAL BOND AMOUNT OF $1,500.00, PER THE BOND SCHEDULE. |