| Probable cause affidavit: |
SUBMITTED BY: TAYLOR, TROY 0700 (AR16-21823) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: APPROXIMATELY 292 GRAMS OF MARIJUANA, 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, TO WIT: A TALL GLASS BONG, IN VIOLATION OF FLORIDA STATE STATUTES 893.147(1). ON 120216 AT APPROXIMATELY 1425 HOURS, I WAS CONDUCTING TRAFFIC ENFORCEMENT IN THE CRYSTAL RIVER SCHOOL ZONE ALONG WEST CRYSTAL STREET AND BALLOON STREET. AT THAT TIME, I OBSERVED A BLACK PICKUP TRUCK TRAVELING WESTBOUND ON WEST CRYSTAL STREET, WHICH APPEARED TO BE TRAVELING AT A HIGH RATE OF SPEED. UPON ACTIVATING MY REAR RADAR, THE TRUCK WAS REGISTERED AT TRAVELING 39 MILES PER HOUR IN A 20 MILES PER HOUR SCHOOL ZONE. AS THE TRUCK PASSED MY LOCATION, I ACTIVATED MY EMERGENCY ROOF LIGHTS AND THE TRUCK THEN PULLED OVER INTO THE GRASSY AREA IN FRONT OF THE CRYSTAL RIVER COASTAL LIBRARY LOCATED AT 8619 WEST CRYSTAL STREET. WHILE CONDUCTING MY TRAFFIC INVESTIGATION, I DETECTED A STRONG ODOR OF WHAT I BELIEVED TO BE MARIJUANA EMITTING FROM THE CAB AREA OF THE TRUCK. I ASKED THE DRIVER IF HE HAD ANYTHING ILLEGAL IN HIS POSSESSION. WHILE HE WAS SEARCHING HIS GLOVEBOX FOR HIS VEHICLE'S REGISTRATION I NOTICED A SANDWICH SIZED CLEAR PLASTIC BAGGIE THAT WAS MOVED TO ONE SIDE BY THE DRIVER, WHICH FURTHERED MY SUSPICIONS. AT THAT POINT, I REQUESTED THAT THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR TYLER BILLUPS, AND HIS PASSENGER/WITNESS, KYLE DUTCHER, EXIT THE VEHICLE. I THEN REQUESTED ASSISTANCE TO MY LOCATION TO CONDUCT FURTHER INVESTIGATION. UPON SEARCHING THE FRONT CAB AREA OF THE TRUCK, I FIRST NOTICED ON THE PASSENGER SIDE FLOORBOARD A LARGE GLASS CYLINDRICAL OBJECT FULL OF DIRTY WATER. UPON CLOSER INSPECTION, I OBSERVED IT TO BE A WATER BONG COMMONLY USED TO SMOKE MARIJUANA. I ALSO OBSERVED THE SANDWICH SIZED BAGGIE IN PLAIN VIEW IN THE GLOVE BOX, WHICH CONTAINED A VERY SMALL AMOUNT OF A GREEN LEAFY SUBSTANCE WHICH APPEARED TO BE MARIJUANA. AT THAT POINT, BEFORE MOVING ANY OBJECTS WITHIN THE CAB AREA, I OBSERVED A LARGE GALLON SIZED BAGGIE PARTIALLY CONCEALED UNDER A JACKET WHICH CONTAINED A LARGE AMOUNT OF A GREEN LEAFY SUBSTANCE. THE SUBSTANCE WAS COMPRESSED INTO THE BAGGIE, WHICH WAS ALMOST TO THE POINT OF BUSTING OPEN. I ALSO BELIEVED THIS SUBSTANCE TO BE MARIJUANA. THE SUBSTANCE IN THE SANDWICH BAGGIE AND THE SUBSTANCE IN THE GALLON BAGGIE WERE BOTH TESTED INDIVIDUALLY, UTILIZING SEP AGENCY ISSUED FIELD TEST KITS, WHICH BOTH YIELDED A POSITIVE RESULT FOR THE PRESENCE OF MARIJUANA. I INFORMED THE DRIVER AND PASSENGER OF MY FINDINGS AND IMMEDIATELY BEFORE I COULD READ THE MIRANDA WARNING TO BOTH SUBJECTS, THE DEFENDANT STATED THAT THE ITEMS THAT WERE LOCATED BELONGED TO HIM. I THEN READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND ADVISED THAT THE ONLY STATEMENT HE WISHED TO MAKE WAS THAT HE DID NOT HAVE THE MARIJUANA IN ORDER TO SELL IT. CST DEPUTY LEYDA (1399) RESPONDED AND PHOTOGRAPHED AND SEIZED THE MARIJUANA AND WATER BONG, WITH THE PROPER WEIGHT TO BE INDICATED IN HER CRIME SCENE TECHNICIAN REPORT. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION FOR TRAVELING 19 MILES OVER THE SPEED LIMIT, WITH A CIVIL PENALTY OF $456.00, PAYABLE WITHIN 30 DAYS. AFTER THE DEFENDANT WAS RELEASED ON THE TRAFFIC CITATION HE WAS INFORMED OF HIS CRIMINAL CHARGES OF POSSESSION OF A CONTROLLED SUBSTANCE AND POSSESSION OF DRUG PARAPHERNALIA. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH POSSESSION OF A CONTROLLED SUBSTANCE WITH A BOND OF $2,000.00 AND POSSESSION OF DRUG PARAPHERNALIA WITH A BOND OF $1,000.00, FOR A TOTAL BOND AMOUNT OF $3,000.00, PER THE BOND SCHEDULE. |
