Probable cause affidavit: |
SUBMITTED BY: CALLAHAN, CRAIG 0643 (AR11120406) DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: MORPHINE 15 MG, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). ON 042111, AT APPROXIMATELY 1400 HOURS, MYSELF AND DETECTIVE MARSHALL WERE TRAVELING WESTBOUND ON NORVELL BRYANT HIGHWAY IN THE AREA OF U S HIGHWAY 41 NORTH. UPON DOING SO WE OBSERVED A BLUE SATURN FOUR DOOR VEHICLE IN FRONT OF OUR UNMARKED VEHICLE WHICH WAS ALSO TRAVELING WESTBOUND ON NORVELL BRYANT HIGHWAY. UPON OBSERVING THE VEHICLE WE NOTICED THAT THE DRIVER, LATER IDENTIFIED AS MR PAUL HOOPER, AND THE FRONT SEAT PASSENGER, MR THOMAS TOWERS, WERE CLEARLY NOT WEARING THEIR SEAT BELTS. FURTHERMORE, WE PACED THE VEHICLE'S SPEED AT APPROXIMATELY 65 MILES PER HOUR IN A POSTED 45 MILE PER HOUR SPEED ZONE FOR APPROXIMATELY THREE QUARTERS OF A MILE. WHILE CONTINUING EASTBOUND ON NORVELL BRYANT HIGHWAY, WE FURTHER NOTICED THE VEHICLE TO CONTINUOUSLY CHANGE LANES, FAILING TO USE A TURN SIGNAL WHILE CUTTING IN AND OUT OF TRAFFIC AND CONTINUOUSLY TAILGATING MULTIPLE VEHICLES WHILE CONTINUING EASTBOUND. AT THAT TIME I ACTIVATED MY EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE IN THE AREA OF NORVELL BRYANT HIGHWAY AND TRUCKS AVENUE. UPON MAKING CONTACT WITH THE DRIVER, MR HOOPER, HE WAS ADVISED OF THE REASON HE WAS STOPPED, AT WHICH TIME I REQUESTED HIS DRIVER'S LICENSE AND REGISTRATION, WHICH HE DID PROVIDE TO ME. UPON RETURNING TO MY VEHICLE ALL OCCUPANTS INFORMATION WAS RUN THROUGH FCIC/NCIC WHICH MET WITH NEGATIVE RESULTS. UPON RETURNING TO THE DRIVER, I RETURNED HIS DRIVER'S LICENSE AND REGISTRATION AND ADVISED HIM HE WOULD BE RECEIVING VERBAL WARNINGS FOR THE TRAFFIC OFFENSES. PRIOR TO LEAVING THE SCENE I ASKED THE DRIVER IF THERE WAS ANYTHING ILLEGAL INSIDE THE VEHICLE AND IF HE WOULD MIND IF I SEARCHED IT, AT WHICH TIME HE STATED, NO, AND ADVISED THAT I COULD SEARCH THE VEHICLE. I THEN MADE CONTACT WITH THE DEFENDANT, MS VICTORIA TOWERS, WHO WAS SEATED IN THE REAR PASSENGER SIDE SEAT. UPON DOING SO I REQUESTED SHE STEP OUT OF THE VEHICLE, AT WHICH TIME SHE VOLUNTARILY DID SO. I NOTICED THE DEFENDANT WAS EXTREMELY NERVOUS AND FIDGETING. WHILE SPEAKING TO THE DEFENDANT I NOTICED A SMALL BULGE ON THE RIGHT SIDE OF THE DEFENDANT'S BRA/CHEST AREA. UPON ASKING HER IF SHE HAD ANYTHING ON HER WHICH SHE WAS ATTEMPTING TO CONCEAL, SHE ADVISED ME SHE WAS JUST HOLDING HER HUSBAND'S ASPIRIN, AT WHICH TIME SHE SPONTANEOUSLY PULLED OUT A GREEN PILL BOTTLE FROM THE RIGHT SIDE OF HER SHIRT/BRA AREA, WHICH HAD THE PRESCRIPTION TORN OFF. SHE THEN PLACED IT ON THE REAR TRUNK OF THE VEHICLE. UPON OPENING THE PILL BOTTLE I NOTICED FOUR ROUND, BLUE PILLS WHICH WERE LATER IDENTIFIED THROUGH POISON CONTROL TO BE MORPHINE 15 MG, WHICH IS A SCHEDULE 2 CONTROLLED SUBSTANCE. UPON ASKING THE DEFENDANT IF SHE HAD A VALID PRESCRIPTION FOR THE NARCOTICS, SHE ADVISED SHE DID NOT AND STATED THEY BELONGED TO HER HUSBAND, MR THOMAS TOWERS, AND SHE WAS JUST HOLDING THEM FOR HIM. UPON SPEAKING TO MR TOWERS HE ADVISED THEY WERE HIS PILLS, HOWEVER, COULD NOT PRODUCE A PRESCRIPTION FOR THE MORPHINE, AND FURTHER ADVISED THAT HE WAS ALLOWING HIS WIFE TO HOLD THEM SO THAT THE DRIVER, MR PAUL HOOPER, WOULD NOT TAKE THEM. AT THAT TIME I ADVISED THE DEFENDANT, MS VICTORIA TOWERS, THAT SHE WAS BEING PLACED UNDER ARREST. SHE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK AND PLACED IN THE FRONT SEAT OF OUR UNMARKED PATROL VEHICLE FOR TRANSPORT TO THE DETENTION FACILITY. UPON ARRIVAL TO THE DETENTION FACILITY THE DEFENDANT'S BOND WAS SET AT $5,000.00 PER THE BOND SCHEDULE. THE NARCOTICS WERE LATER TURNED OVER TO EVIDENCE. "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 |