| Probable cause affidavit: |
SUBMITTED By: WEATHERFORD, D KEAGON 0710 (AR11124193) THE DEFENDANT DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT IN EXCESS OF TWENTY GRAMS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A) AND THE DEFENDANT DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO-WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, WITH THE INTENT TO SELL THE SAID SUBSTANCE TO ANOTHER PERSON, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(2) AND THE DEFENDANT DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, OBJECTS INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, SAID OBJECTS BEING A MARIJUANA GRINDER, TWO DIGITAL SCALES AND A BLUE BAG, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1) ON 123011 I WAS TRAVELING NORTHBOUND ON US HIGHWAY 19 WHEN A BLUE FORD MUSTANG PULLED OUT OF THE CHEVRON GAS STATION LOCATED AT 639 NORTHEAST HIGHWAY 19 IN CRYSTAL RIVER. THE MUSTANG PULLED IN FRONT OF MY PATROL VEHICLE, HEADING NORTHBOUND ON US HIGHWAY 19. I OBSERVED THAT THE MUSTANG DID NOT HAVE ANY HEADLIGHTS OR TAIL LIGHT ILLUMINATED. I INITIATED MY OVERHEAD LIGHTS TO CONDUCT A TRAFFIC STOP. THE VEHICLE TURNED RIGHT ON TO NORTHEAST 2ND AVENUE AND CAME TO A STOP. UPON APPROACHING THE MUSTANG, I IMMEDIATELY SMELLED A STRONG ODOR OF MARIJUANA EMITTING FROM THE VEHICLE. I REQUESTED THAT THE DRIVER PROVIDE HIS DRIVER'S LICENSE, THE VEHICLE REGISTRATION AND PROOF OF INSURANCE, HOWEVER, HE COULD ONLY PROVIDE HIS FLORIDA DRIVER'S LICENSE IDENTIFYING HIM AS DEFENDANT ONE, MR DYLAN LEE BRYAN. I ADVISED MR BRYAN THAT I COULD SMELL A STRONG ODOR OF MARIJUANA AND ASKED HIM IF THERE WAS ANYTHING ILLEGAL IN HIS VEHICLE OR ON HIS PERSON, TO WHICH HE REACHED IN TO HIS front jackET pocket and HANDED ME A SMALL CELLOPHANE CIGARETTE WRAPPER WHICH CONTAINED A GREEN LEAFY SUBSTANCE WHICH, THROUGH MY TRAINING AND EXPERIENCE I IDENTIFIED AS MARIJUANA. I THEN ASKED MR BRYAN IF HE HAD ANYTHING ELSE IN HIS VEHICLE WHICH WAS ILLEGAL. MR BRYAN REACHED IN TO THE CENTER CONSOLE COMPARTMENT AND HANDED ME A LARGE PLASTIC BAG ALSO CONTAINING A GREEN LEAFY SUBSTANCE WHICH I ALSO IDENTIFIED AS MARIJUANA. at that time, canine deputy viggiano arrived on scene. canine deputy viggiano walked canine conan around the vehicle AND advised that canine conan had alerted. I ASKED MR BRYAN TO STEP OUT OF HIS VEHICLE. I SEARCHED HIS PERSON WHICH YIELDED NEGATIVE RESULTS FOR ANY other CONTRABAND. MR BRYAN WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF MARIJUANA. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. AS CANINE DEPUTY VIGGIano responDed to THE PASSENGER SIDE OF THE VEHICLE, TO REQUEST THE PASSENGER/DEFENDANT TWO, MR VINCENT ARMSTRONG, TO STEP OUT OF THE VEHICLE, HE OBSERVED MR ARMSTRONG SHOVING A BLUE BAG UNDERNEATH THE PASSENGER SEAT. CANINE DEPUTY VIGGIANO REQUESTED THAT MR ARMSTRONG STEP OUT OF THE VEHICLE. MR ARMSTRONG CAME AND STOOD BESIDE ME WHILE CANINE DEPUTY VIGGIANO REMOVED THE BLUE BAG WHICH MR ARMSTRONG HAD SHOVED UNDER THE PASSENGER SEAT. WHEN CANINE DEPUTY VIGGIANO LOOKED IN TO THE FRONT SMALL COMPARTMENT OF THE BLUE BAG, HE OBSERVED A DIGITAL SCALE. CANINE DEPUTY VIGGIANO THEN OPENED THE LARGER COMPARTMENT OF THE BLUE BAG AND OBSERVED A BROWN BAG CONTAINING FOUR SMALLER PLASTIC BAGS WHICH ALSO CONTAINED A GREEN LEAFY SUBSTANCE. CANINE DEPUTY VIGGIANO OBSERVED A BLACK PLASTIC CONTAINER IN THE SHAPE OF A CAN THAT CONTAINED ANOTHER DIGITAL SCALE AND A MARIJUANA GRINDER. MR ARMSTRONG WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF MARIJUANA. HE WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SEARCHED INCIDENT TO ARREST WHERE I LOCATED A SMALL PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBJECT IN HIS FRONT RIGHT JACKET POCKET. UPON A FURTHER SEARCH OF THE MUSTANG, CANINE DEPUTY VIGGIANO LOCATED A PARTIALLY SMOKED MARIJUANA CIGARETTE ON THE PASSENGER SIDE OF THE CENTER CONSOLE, UNDERNEATH THE PARKING BRAKE. AT THAT TIME, I SPOKE WITH MR BRYAN, READ HIM HIS MIRANDA WARNINGS FROM A PREPRINT CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS. MR BRYAN STATED HE DID UNDERSTAND HIS RIGHTS AND WISHED TO SPEAK WITH ME. MR BRYAN ADVISED THAT THE BAG OF MARIJUANA HE TOOK OUT OF HIS JACKET POCKET BELONGED TO HIM. HE ALSO ADVISED THAT THE LARGE BAG OF MARIJUANA, WHICH HE HAD TAKEN OUT OF THE CENTER CONSOLE, ALSO BELONGED TO HIM. I ASKED MR BRYAN HOW MUCH MARIJUANA WAS IN THE LARGER BAG AND HE STATED THAT AT ONE TIME IT WAS A QUARTER OF A POUND BUT THAT HE HAD SOLD SOME, TRYING TO EARN MONEY FOR HIS CAR INSURANCE. WHEN I ASKED HIM WHO OWNED THE BLUE BAG THAT MR ARMSTRONG HAD PUT UNDER THE PASSENGER SEAT, HE ADVISED HE DID NOT KNOW, THAT ALL HE KNEW WAS THAT IT DID NOT BELONG TO HIM. I THEN SPOKE WITH MR ARMSTRONG, READ HIM HIS MIRANDA WARNINGS FROM A PREPRINTED CARD AND ASKED HIM IF HER UNDERSTOOD HIS RIGHTS. MR ARMSTRONG ADVISED HE DID UNDERSTAND HIS RIGHTS AND WISHED TO SPEAK WITH ME. MR ARMSTRONG STATED THAT THE MARIJUANA FOUND IN HIS JACKET POCKET DID BELONG TO HIM. HE ADVISED THE MARIJUANA CIGARETTE LOCATED ON THE PASSENGER SIDE OF THE CENTER CONSOLE, UNDERNEATH THE PARKING BRAKE, BELONGED TO BOTH HIM AND MR BRYAN AS THEY HAD BEEN SMOKING IT TOGETHER, PRIOR TO MY TRAFFIC STOP. MR ARMSTRONG ADVISED HE DID NOT KNOW WHO THE BLUE BAG BELONGED TO. DEFENDANT ARMSTRONG WAS THEN ADVISED THAT HE WAS BEING CHARGED WITH POSSESSION OF MARIJUANA . DEFENDANT armstrong was then secured in the REAR SEAT OF DEPUTY MATOS' PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. I TRANSPORTED DEFENDANT BRYAN TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. WHILE EN ROUTE, DEFENDANT BRYAN ADVISED THAT HE KNEW WHEN I TURNED ON MY OVERHEAD LIGHTS TO CONDUCT THE TRAFFIC STOP THAT HE WAS BEING PULLED OVER BECAUSE HE HAD FORGOTTEN TO TURN ON THE MUSTANG'S LIGHTS. HE STATED HE TURNED ON THE HEADLIGHTS AS SOON AS I INITIATED BY OVERHEAD LIGHTS TO CONDUCT THE TRAFFIC STOP. UPON ARRIVAL AT THE DETENTION FACILITY, THE LARGER BAG OF THE GREEN LEAFY SUBsTaNCE WAS TESTED UTILIZING A FIELD TEST KIT AND YIELDED A POSITIVE RESULT FOR CANNABIS. THE LARGER BAG OF CANNABIS WHICH DEFENDANT BRYAN HANDED ME OUT OF THE CENTER CONSOLE WEIGHED ONE HUNDRED FOUR GRAMS. THE CANNABIS in the cellophane CIGARETTE wrapper which he had removed from his jacket pocket and handed to me WEIGHED 2.5 GRAMS. FOR A total package weight of 106.5 GRAMS. DEFENDANT BRYAN WAS THEREFORE CHARGED WITH POSSESSION OF MARIJUANA IN AN AMOUNT IN EXCESS OF TWENTY GRAMS. HIS BOND WAS SET AT $2,000.00, IN ACCORDANCE WITH THE BOND SCHEDULE. AT THE DETENTION FACILITY, I WEIGHED THE FOUR INDIVIDUAL PLASTIC BAGGIES OF MARIJUANA; TWO OF WHICH WEIGHED 4.5 GRAMS; ONE WEIGHED FIVE GRAMS; AND THE FOURTH WEIGHED FOUR GRAMS. THE SMALL PLASTIC BAG WHICH WAS LOCATED IN DEFENDANT ARMSTRONG'S JACKET POCKET WEIGHED 2.5 GRAMS AND THE PARTIALLY SMOKED MARIJUANA CIGARETTE WEIGHED .5 GRAMS, FOR A GRAND TOTAL OF 21 GRAMS. DEFENDANT ARMSTRONG WAS CHARGED WITH POSSESSION OF MARIJUANA IN AN AMOUNT IN EXCESS OF TWENTY GRAMS, POSSESSION OF MARIJUANA WITH THE INTENT TO DISTRIBUTE AND POSSESSION OF DRUG PARAPHERNALIA. DEFENDANT ARMSTRONG'S BOND WAS SET AT A TOTAL OF $4,500.00, IN ACCORDANCE WITH THE BOND SCHEDULE. TACTICAL IMPACT UNIT (TIU) DETECTIVE PARSONS RESPONDED TO THE INCIDENT LOCATION AND TOOK POSSESSION OF DEFENDANT BRYAN'S FORD MUSTANG. THE FORFEITURE PAPERWORK WAS SIGNED BY DEFENDANT BRYAN WHO RECEIVED HIS COPY AND THE ORIGINAL FORFEITURE PAPERWORK WAS TURNED IN, PER AGENCY PROTOCOL. ALL CONTRABAND WAS LATER PACKAGED AND TURNED IN TO EVIDENCE IN ACCORDANCE WITH AGENCY POLICY. "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* |
