| Probable cause affidavit: |
SUBMITTED BY: HILBERER, BRIAN 0440 (AR07003778) did knowingly, willfully and feloniously be in the actual or constructive possession of a controlled substance, to-wit: XANAX AND LORTAB, in violation of Florida Statutes 893.13(6)(a) and 893.03; AND did then and there unlawfully have in HER actual or constructive possession a certain habit-forming, toxic, harmful, new or legend drug subject to Section 499.003, Florida Statutes, to-wit: SOMA, without having obtained said drug by a valid prescription, in violation of Florida Statute 499.03(1); AND did unlawfully and knowingly have in HER actual or constructive possession a controlled substance, to-wit: Cannabis, commonly referred to as Marijuana, in an amount of twenty grams or less, in violation of Florida Statutes 893.13(6)(a), 893.13(6)(b) and 893.03(1)(c)7. ON 070407 AT APPROXIMATELY 1620 HOURS, I WAS CONDUCTING TRAFFIC ENFORCEMENT IN THE BEVERLY HILLS AREA. WHILE TRAVELING WESTBOUND ON ROOSEVELT BOULEVARD, I OBSERVED A LIGHT BLUE CADILLAC TRAVELING EASTBOUND ON ROOSEVELT BOULEVARD THAT APPEARED TO BE EXCEEDING THE SPEED LIMIT. I VISUALLY ESTIMATED THE VEHICLE TO BE TRAVELING AT APPROXIMATELY THIRTY-FIVE (35) MILES PER HOUR. I ACTIVATED MY RADAR TO CONFIRM MY VISUAL ESTIMATION AND FOUND THAT THE VEHICLE WAS IN FACT TRAVELING THIRTY-FIVE (35) MILES PER HOUR IN A POSTED TWENTY-FIVE (25) MILES PER HOUR SPEED ZONE. AT THAT TIME, I TURNED AROUND AND INITIATED A TRAFFIC STOP ON THE VEHICLE AT THE INTERSECTION OF ROOSEVELT BOULEVARD AND NORTH STARFLOWER TERRACE. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MS VICTORIA ACERRA. I EXPLAINED THE REASON FOR THE TRAFFIC STOP TO THE DEFENDANT. THE DEFENDANT STATED THAT SHE KNEW THAT SHE WAS SPEEDING AND ADVISED THAT SHE HAD BEEN BUSY TALKING ON HER CELLULAR TELEPHONE. THE DEFENDANT ALSO ADVISED THAT SHE WAS ON HER WAY TO WORK. AT THAT TIME, I ASKED TO SEE HER DRIVER'S LICENSE AND REGISTRATION, TO WHICH SHE PROVIDED THE REQUESTED DOCUMENTS. I RETURNED TO MY PATROL VEHICLE AND REQUESTED DEPUTY BRUNK RESPOND TO ASSIST ON THE TRAFFIC STOP. SHORTLY AFTER DEPUTY BRUNK ARRIVED ON SCENE AND DEPLOYED CANINE AJAX, WALKING HIM AROUND THE EXTERIOR OF THE DEFENDANT'S VEHICLE, THE CANINE ALERTED ON THE PASSENGER SIDE OF THE VEHICLE. AT THAT TIME, MYSELF AND DEPUTY BRUNK MADE CONTACT WITH THE DEFENDANT AND ASKED HER TO EXIT THE VEHICLE. DEPUTY BRUNK ADVISED THE DEFENDANT THAT CANINE AJAX HAD ALERTED TO HER VEHICLE FOR THE ODOR OF NARCOTICS AND ASKED HER IF SHE HAD ANY NARCOTICS IN THE VEHICLE OR ON HER PERSON, TO WHICH SHE STATED NO. AT THAT POINT, DEPUTY BRUNK CONDUCTED A SEARCH OF THE INTERIOR OF THE DEFENDANT'S VEHICLE AND DISCOVERED IN THE CREVICES OF THE DRIVER'S SEAT TRACE AMOUNTS OF MARIJUANA AND MARIJUANA SEEDS. AT THAT TIME, DEPUTY GRAMLICH WAS ASKED TO RESPOND TO THE SCENE IN REFERENCE TO A FEMALE SEARCH. UPON HER ARRIVAL, DEPUTY GRAMLICH SEARCHED THE DEFENDANT AND DISCOVERED DOWN THE FRONT OF THE DEFENDANT'S PANTS IN HER UNDERWEAR WAS A CLEAR PLASTIC BAGGIE CONTAINING GREEN MARIJUANA LEAVES ON THE FRONT SIDE. THE BAGGIE CONTAINED SEVERAL PILLS LATER DETERMINED TO BE THREE (3) SOMA TABLETS WHICH REQUIRED A PRESCRIPTION, FIVE (5) XANAX TABLETS WHICH IS A SCHEDULE FOUR CONTROLLED SUBSTANCE REQUIRING A PRESCRIPTION, ONE (1) LORTAB TABLET WHICH IS A SCHEDULE THREE CONTROLLED SUBSTANCE REQUIRING A PRESCRIPTION AND ONE UNIDENTIFIABLE WHITE OBLONG TABLET. THE PILLS WERE IDENTIFIED BY USE OF THE 2003 EDITION OF THE DRUG IDENTIFICATION BIBLE. ALSO DISCOVERED DOWN THE FRONT OF THE DEFENDANT'S PANTS WAS A CLEAR PLASTIC BAGGIE WHICH CONTAINED A GREEN LEAFY SUBSTANCE LATER FIELD TESTED WITH POSITIVE RESULTS FOR MARIJUANA. THE DEFENDANT GAVE VERBAL ADMISSION THAT THE NARCOTICS BELONGED TO HER AND THEN ADVISED THAT SHE HAD A SUBSTANCE ABUSE PROBLEM. AT THAT POINT, THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED BEHIND HER BACK (DOUBLE-LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS RELEASED TO THE CUSTODY OF HER MOTHER. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS ISSUED A WRITTEN WARNING, NUMBER 198209B, FOR UNLAWFUL SPEED. SHE WAS ALSO ISSUED UNIFORM TRAFFIC CITATIONS, NUMBER 9734-EVX, FOR SEATBELT VIOLATION AND NUMBER 9735-EVX, FOR FAILURE TO CHANGE HER ADDRESS ON HER DRIVER'S LICENSE, EACH WITH A FINE OF $73.50 PAYABLE WITHIN THIRTY (30) DAYS. THE DEFENDANT'S TOTAL BOND WAS $10,750.00 PER THE BOND SCHEDULE. THE CONTRABAND WAS LATER PLACED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE LOCKER. *NOT-EXEMPT* |
