| Probable cause affidavit: |
SUBMITTED BY: CALLAHAN, CRAIG 0643 (AR11121381) DID UNLAWFULLY HAVE IN HIS/HER 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; MARIJUANA, TO WIT: A MARIJUANA PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ON 062111, AT APPROXIMATELY 1404 HOURS, I WAS TRAVELING SOUTHBOUND ON SOUTH FILLMORE STREET IN BEVERLY HILLS, APPROACHING THE INTERSECTION OF ROSE AVENUE. UPON DOING SO I OBSERVED A GREEN TWO DOOR MUSTANG TRAVELING NORTHBOUND ON SOUTH FILLMORE STREET AND MADE A RIGHT TURN IN AN EASTERLY DIRECTION ON ROSE AVENUE. AS THE VEHICLE WENT THROUGH THE INTERSECTION, I COULD CLEARLY SEE THAT THE DRIVER, LATER IDENTIFIED AS MR WILLIAM MERRITT WAS NOT WEARING HIS SAFETY BELT. AT THAT TIME I ACTIVATED MY OVERHEAD EMERGENCY EQUIPMENT AND INITIATED A TRAFFIC STOP IN THE AREA OF ROSE AVENUE AND SOUTH LEE STREET. UPON MAKING CONTACT WITH MR MERRITT I REQUESTED HIS DRIVER'S LICENSE AND REGISTRATION AND ADVISED HIM OF THE REASON HE WAS STOPPED, AT WHICH TIME HE ADMITTED TO NOT WEARING HIS SAFETY BELT. PRIOR TO WALKING BACK TO MY PATROL VEHICLE LE, I OBTAINED THE IDENTIFICATION OF THE JUVENILE PASSENGER IN THE RIGHT PASSENGER SEAT AND THE DEFENDANT, LATER IDENTIFIED AS MR TROY HENSLEY, WHO WAS SEATED IN THE REAR PASSENGER SEAT. UPON RETURNING TO MY VEHICLE ALL OCCUPANTS INFORMATION WAS RUN THROUGH FCIC/NCIC WITH NEGATIVE RESULTS. UPON AGAIN MAKING CONTACT WITH MR MERRITT, I RETURNED ALL INFORMATION TO HIM AND ADVISED HE WOULD BE RECEIVING A VERBAL WARNING FOR THE TRAFFIC INFRACTION. PRIOR TO LEAVING THE SCENE I ASKED THE DRIVER (MR MERRITT) IF HE WOULD MIND IF I SEARCHED THE INTERIOR OF HIS VEHICLE, AT WHICH TIME HE FREELY AND VOLUNTARILY STATED THAT I COULD. UPON SEARCHING THE VEHICLE I LOCATED A SMALL WOODEN CONTAINER IN THE REAR CARGO SEAT WHICH WAS DIRECTLY BEHIND WHERE THE DEFENDANT HAD BEEN SITTING. UPON OPENING THE WOODEN CONTAINER I OBSERVED A SMALL AMOUNT OF A GREEN LEAFY SUBSTANCE WHICH I IMMEDIATELY IDENTIFIED THROUGH MY TRAINING AND EXPERIENCE TO BE MARIJUANA. ALSO LOCATED IN THE WOODEN CONTAINER WAS A SMALL METAL PIPE CONTAINING MARIJUANA RESIDUE. I THEN MADE CONTACT WITH ALL THREE OCCUPANTS AND UPON DOING SO; BOTH THE JUVENILE AND MR MERRITT DENIED KNOWLEDGE OF THE PARAPHERNALIA. UPON SPEAKING TO THE DEFENDANT I READ THE DEFENDANT MIRANDA VIA PREPRINTED AGENCY CARD, AT WHICH TIME HE WAIVED HIS RIGHTS AND ADVISED HE WISHED TO SPEAK WITH ME. THE DEFENDANT ADVISED THE PIPE BELONGED SOLELY TO HIM AND THAT IT WAS FOR HIS OWN PERSONAL USE. HE FURTHER ADVISED HE DID NOT BELIEVE THE OTHER OCCUPANTS OF THE VEHICLE HAD KNOWLEDGE OF THE PARAPHERNALIA. AT THAT TIME I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF DRUG PARAPHERNALIA. HE WAS HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL THE DEFENDANT'S BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. THE PARAPHERNALIA WAS PACKAGED AND TURNED OVER TO EVIDENCE AT OPERATIONS. 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* |
