| Probable cause affidavit: |
SUBMITTED BY: LAUGHLIN, JEREMY 0617 (AR08101271) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. AND 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). AND 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, TO WIT: MARIJUANA SAID OBJECT BEING A PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147. ON 011608 AT APPROXIMATELY 2315 HOURS, WHILE CONDUCTING PATROL ON HIGHWAY 41 IN FLORAL CITY, I OBSERVED A TAN FORD EXPLORER TRAVELLING SOUTHBOUND PAST MY LOCATION. I OBSERVED THE VEHICLE TO BE TRAVELING WITH THE PASSENGER SIDE OF THE VEHICLE APPROXIMATELY TWO TO THREE FEET OVER THE WHITE LINE. AT THAT TIME I ENTERED THE SOUTHBOUND TRAFFIC ON HIGHWAY 41. BEFORE I COULD CATCH UP TO THE VEHICLE TO FURTHER IDENTIFY IT, I OBSERVED THE VEHICLE PULL INTO A CLOSED BUSINESS ON THE LEFT SIDE OF THE ROAD AND TURN OFF HIS VEHICLE LIGHTS. I CONTINUED SOUTHBOUND ON HIGHWAY 41, PASSING THE VEHICLE AT ITS LOCATION, AT WHICH TIME I CONTINUED TO WATCH THE VEHICLE THROUGH MY REAR VIEW MIRROR. I OBSERVED THE VEHICLE'S REAR TAIL LIGHTS CONTINUOUSLY FLASH OFF AND ON WHILE PARKED AT THE CLOSED BUSINESS. I DID A U-TURN TO ATTEMPT TO MAKE CONTACT WITH THE DRIVER AT THAT LOCATION; HOWEVER, THE VEHICLE PULLED BACK OUT ONTO HIGHWAY 41, TRAVELLING NORTHBOUND WITHOUT TURNING HIS LIGHTS BACK ON. IT SHOULD BE NOTED IT WAS RAINING AND THERE WERE NO STREET LIGHTS IN THE AREA. THE VEHICLE CONTINUED NORTHBOUND WITH NO LIGHTS BEFORE TURNING INTO ANOTHER CLOSED BUSINESS. UPON ENTERING THE PARKING LOT, THE VEHICLE'S LIGHTS CAME ON AS I PULLED BEHIND THE VEHICLE AT THE CLOSED BUSINESS. AT THAT TIME I MADE CONTACT WITH THE DRIVER OF THE VEHICLE TO ASK IF HE NEEDED ASSISTANCE. UPON MAKING CONTACT WITH THE DRIVER, HE WAS VERY DISORIENTED. WHEN I ASKED WHERE HE WAS GOING, HE STATED HE DID NOT KNOW, BUT THAT HE LIVED SOMEWHERE AROUND HERE. THE DRIVER EMITTED A STRONG ODOR OF ALCOHOL WHEN ANSWERING MY QUESTIONS. AT THAT TIME I ASKED FOR HIS LICENSE, REGISTRATION AND PROOF OF INSURANCE, TO WHICH THE DRIVER DID NOT RESPOND. I ASKED THE DRIVER IF HE HAD A LICENSE, AT WHICH TIME HE REPLIED "I AM JUST AN IRON WORKER." I AGAIN ASKED THE DRIVER FOR HIS LICENSE, REGISTRATION AND PROOF OF INSURANCE, TO WHICH THE DRIVER PULLED HIS TRI-FOLD WALLET FROM HIS REAR POCKET WITH HIS DRIVER'S LICENSE BLATANTLY EXPOSED IN THE DRIVER'S LICENSE INSERT OF THE WALLET. DESPITE THE LICENSE BEING EXPOSED IN THE WINDOW OF THE WALLET, THE DRIVER COULD NOT FIND IT BECAUSE HE WAS LOOKING FOR IT IN THE CREDIT CARD SECTION OF HIS WALLET. AFTER ALLOWING HIM SEVERAL MINUTES TO LOOK FOR HIS LICENSE, I THEN POINTED OUT THE LICENSE IN HIS WALLET. THE DRIVER STILL WAS UNABLE TO PROVIDE ME WITH HIS REGISTRATION OR PROOF OF INSURANCE. I AGAIN ASKED THE DRIVER WHERE HE LIVED, TO WHICH HE COULD NOT ADVISE. I ASKED HIM WHERE HE WAS FROM, HE COULD NOT ADVISE, HOWEVER UPON RETURNING TO MY VEHICLE, HE PULLED THE HAT OFF OF HIS HEAD AND POINTED TO THE FRONT OF THE HAT, WHICH READ SLEEPY HOLLOW (A LOCAL PUB). AT THAT TIME I THEN RETURNED TO MY VEHICLE AND REQUESTED BACKUP TO RESPOND TO MY LOCATION IN REFERENCE TO FIELD SOBRIETY EXERCISES. WHILE WAITING FOR BACKUP TO RESPOND, THE DRIVER EXITED HIS VEHICLE, TO WHICH I ADVISED HIM TO STAY IN HIS VEHICLE. HE DID NOT RESPOND TO MY STATEMENTS AND INSTEAD PROCEEDED TO THE REAR OF HIS VEHICLE. I THEN MADE CONTACT WITH THE DRIVER AT THE REAR OF VEHICLE AND ESCORTED HIM TO THE FRONT OF THE BUSINESS, WHICH HAD AN AWNING WHICH WOULD SHIELD US FROM THE INCLEMENT WEATHER. AT THAT TIME DEPUTY SMITH RESPONDED AS BACKUP AND I ASKED THE DEFENDANT IF HE WOULD SUBMIT TO FIELD SOBRIETY TASKS, TO WHICH HE AGREED. IT SHOULD BE NOTED THE TASKS WERE COMPLETED UNDER THE AWNING OF CARTER'S AUTOMOBILE RECYCLING, WHICH WAS A BLACK TOP SURFACE. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED THAT HE HAD BAD KNEES. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES, HOWEVER HE DID WEAR GLASSES, WHICH WERE REMOVED. THE DEFENDANT WAS UNABLE TO COMPLETE A SMOOTH PURSUIT OF THE PEN, AND HE DID NOT FOLLOW INSTRUCTIONS AFTER BEING GIVEN THREE CHANCES. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED TAKING STEPS WITH HEEL AND TOE APPROXIMATELY SIX TO TEN INCHES APART AND DID NOT COUNT OUT LOUD. THE DEFENDANT TOOK APPROXIMATELY ELEVEN STEPS OUT, DID NOT TURN AROUND CORRECTLY, AND CONTINUED TO WALK BACK WITH HIS FEET SIX TO TEN INCHES APART AND CAME BACK NINE STEPS. THE DEFENDANT DID NOT TOUCH HEEL TO TOE AT ALL DURING THE EXERCISE AND HAD HIS HANDS RAISED THROUGHOUT THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED HE COULD NOT DO IT WHEN HE WAS YOUNGER AND HE WAS NOT GOING TO BE ABLE TO DO IT NOW. HE ATTEMPTED ONCE, PUT HIS FOOT DOWN AFTER APPROXIMATELY THREE SECONDS. TASK FOUR, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. PRIOR TO PERFORMING THE TASK, IT WAS UNDERSTOOD THE DEFENDANT COULD RECITE THE ALPHABET. DURING THIS TASK, THE DEFENDANT STARTED SINGING THE ALPHABET AND WAS UNABLE TO PROPERLY RECITE THE ENTIRE ALPHABET, SWAYING SIDE TO SIDE WHILE RECITING THE ALPHABET. TASK FIVE, FINGER TO NOSE. WHILE EXPLAINING THE TASK TO THE DEFENDANT, HE DID NOT PAY ATTENTION AND WAS STARTING TO PERFORM THE TASK ON HIS OWN. AFTER THREE ATTEMPTS OF TRYING TO EXPLAIN THE DIRECTIONS, I ADVISED HIM TO BEGIN, SINCE HE WOULD NOT LISTEN. AT THE TIME WHEN I INSTRUCTED THE DEFENDANT TO PLACE HIS FINGER ON HIS NOSE, HE ASKED "WHAT DO YOU WANT ME TO DO?" AT WHICH TIME HE ATTEMPTED TO PLACE HIS RIGHT FINGER ON HIS NOSE, MISSING COMPLETELY. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. UPON DOING A PAT-DOWN OF HIS PERSON, I FOUND A CLEAR PLASTIC BAG CONTAINING A BLACK PLASTIC ONE-TOUCH GLUCOSE TESTER BOTTLE, COMPLETELY FULL OF A BROWN AND GREEN LEAFY SUBSTANCE. THE SUBSTANCE WAS FIELD TESTED BY DEPUTY SMITH AND TESTED POSITIVE FOR MARIJUANA. ALSO IN THE PLASTIC BAG WAS A GOLD IN COLOR PIPE WITH SEVERAL LETTER M'S AS MARKINGS ON THE OUTSIDE. THE PIPE CONTAINED RESIDUE BELIEVED TO BE MARIJUANA. AT THAT TIME THE DEFENDANT WAS PLACED IN REAR OF MY PATROL VEHICLE. SEARCH INCIDENT TO ARREST OF THE DEFENDANT'S VEHICLE, I DISCOVERED A GREEN CANVAS CASE WITH "ACCU-CHEK INSTANT" IN WHITE LETTERING LOCATED IN THE REAR TRUNK AREA OF THE EXPLORER IN THE TOOL COMPARTMENT BENEATH SEVERAL TOOLS. UPON OPENING THE CANVAS CASE, I FOUND CASH IN THE AMOUNT $2900.00, WHICH WAS LEFT WITH THE DEFENDANT AT THE CITRUS COUNTY DETENTION FACILITY. DEPUTY SMITH STAYED WITH THE VEHICLE UNTIL THE ARRIVAL OF ED'S TOWING SERVICE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE/SHE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .166 AND .168. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7181XDO WITH A MANDATORY COURT APPEARANCE OF 013108 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WARNING FOR DRIVING WITH NO HEADLIGHTS, PER WARNING NUMBER 212607B. THE MARIJUANA WAS WEIGHED AT THE CITRUS COUNTY DETENTION FACILITY, WEIGHING 11.5 GRAMS. THE MARIJUANA AND THE PIPE WERE TURNED INTO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DEPARTMENT. *NOT-EXEMPT* |
