| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR11123038) Tampering with or fabricating physical evidence. (1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is pending or is about to be instituted, shall: (a) Alter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or availability in such proceeding or investigation, IN VIOLATION OF FLORIDA STATE STATUTE 918.13(1)(A). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: METHAMPHETAMINE CONTAINED WITHIN A GLASS PIPE, 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 GLASS PIPE CONTAINING METHAMPHETAMINE RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 100511 AT APPROXIMATELY 1516 HOURS, I WAS SITTING STATIONARY AT THE BRANNEN BANK IN FLORAL CITY LOCATED NEAR SOUTH FLORIDA AVENUE AND EAST BUSHNELL ROAD. I DID WITNESS A SILVER AND RED FORD PICKUP TRAVEL PAST ME NORTH BOUND, AT WHICH TIME, I COULD CLEARLY SEE THAT THE VEHICLE'S FRONT WINDSHIELD TINT WAS CONSIDERABLY LOW AND APPEARED TO BE PAST WHERE THE AS1 LINE NORMALLY SHOULD BE. I ALSO OBSERVED SEVERAL PIECES OF PLYWOOD AND TIRES IN THE BED OF THE PICKUP ABOVE THE BED RAILS AND TAILGATE. THESE ITEMS WERE NOT FASTENED AND HAD THE POTENTIAL TO FALL OFF AND BECOME A ROAD HAZARD. AT THAT TIME, I GOT BEHIND THE VEHICLE AND ATTEMPTED TO INITIATE A TRAFFIC STOP AT SOUTH FLORIDA AVENUE AND EAST KABRICH LANE WITH MY LIGHTS AND SIRENS. THE VEHICLE DID EXIT THE SHOULDER OF THE ROADWAY CONTINUING NORTH BOUND, AT WHICH TIME, WHAT APPEARED TO BE A GLASS PIPE WAS THROWN FROM THE PASSENGER SIDE WINDOW AND LANDED ON THE RIGHT OF WAY. AT THIS TIME, I BELIEVED THIS TO BE DRUG PARAPHERNALIA. THE VEHICLE CONTINUED APPROXIMATELY 75 YARDS PAST THIS LOCATION, AT WHICH TIME, IT CAME TO A STOP AND I ORDERED THE DRIVER AND THE PASSENGER TO PUT THEIR HANDS UP WHERE I COULD SEE THEM TO PREVENT POSSIBLE FURTHER DESTRUCTION OF EVIDENCE. AT THAT TIME, DEPUTY COX ARRIVED ON SCENE AS BACK-UP ALONG WITH DEPUTY WILLIAMS (0714). I THEN APPROACHED THE PASSENGER SIDE OF THE VEHICLE WHERE I ASKED THE FRONT SEAT PASSENGER TO EXIT THE VEHICLE WHERE HE WAS SUBSEQUENTLY DETAINED. THE SUBJECT WAS LATER IDENTIFIED AS DEFENDANT HUBERT COLEMAN JR. AT THAT TIME, I CONDUCTED A BRIEF PAT DOWN AND ESCORTED DEFENDANT COLEMAN BACK TO THE FRONT OF DEPUTY COX'S PATROL VEHICLE WHERE I HAD HIM SIT ON THE GROUND. I THEN APPROACHED THE DRIVER'S SIDE OF THE VEHICLE WHERE I ASKED THE DRIVER TO STEP OUT WHERE HE WAS SUBSEQUENTLY DETAINED AND IDENTIFIED AS DEFENDANT MR WILLIAM CARLTON. AT THAT TIME, I CONDUCTED A BRIEF PAT DOWN AND DID ESCORT HIM IN FRONT OF DEPUTY COX'S PATROL VEHICLE AND I HAD HIM SIT DOWN. I THEN PROCEEDED BACK TO THE LOCATION TO WHERE I THOUGHT THE PIPE WAS THROWN FROM THE VEHICLE WINDOW WHICH WAS APPROXIMATELY 75 YARDS FROM THE FINAL STOP. I DID LOCATE A GLASS PIPE APPROXIMATELY TEN INCHES IN LENGTH. THIS PIPE HAD A WHITE RESIDUE CONSISTENT WITH METHAMPHETAMINE OR COCAINE. AT THAT TIME, I PHOTOGRAPHED THE PIPE AND THE LOCATION AND COLLECTED IT USING LATEX GLOVES. I THEN TOOK IT BACK TO MY PATROL VEHICLE WHERE I USED A SWAB TO EXTRACT SOME OF THE WHITE POWDER SUBSTANCE WITHIN THE PIPE FOR A FIELD TEST. I THEN FIELD TESTED IT FOR METHAMPHETAMINE, AT WHICH TIME, THE FIELD TEST YIELDED A BRIGHT BLUE COLOR TESTING POSITIVE FOR METHAMPHETAMINE. THIS FIELD TEST WAS THEN PHOTOGRAPHED. I THEN SPOKE WITH EACH DEFENDANT SEPARATELY AND READ THEM THEIR MIRANDA RIGHTS VIA PREPRINTED CARD. THEY BOTH AGREED TO SPEAK WITH ME, HOWEVER, DENIED ANY INVOLVEMENT WITH THIS PARAPHERNALIA OR ITS CONTENTS. AT THIS TIME, THEY WERE BOTH PLACED UNDER ARREST AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. I THEN TOOK PHOTOGRAPHS OF THE UNSECURED LOAD AND THE FRONT WINDSHIELD TINT OF THE VEHICLE. I THEN HAD TONY'S COLLISION RESPOND AND TOW THE VEHICLE WHERE A TOW SHEET WAS SUBSEQUENTLY COMPLETED AND TURNED IN TO RECORDS. I THEN TRANSPORTED BOTH DEFENDANTS TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. TRACK-IT NUMBER 4584 WAS GENERATED FOR PROCESSING OF THE PIPE. A COPY OF THE IN-CAR VIDEO WAS THEN TURNED IN TO EVIDENCE. UPON ARRIVAL AT THE DETENTION FACILITY, DEFENDANT CARLTON WAS CHARGED WITH ONE COUNT OF EVIDENCE DESTRUCTION, ONE COUNT OF POSSESSION OF METHAMPHETAMINE, AND ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA. HE WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION (UTC), NUMBER 9358-GJX-X, FOR THE FRONT WINDSHIELD TINT; UTC NUMBER 9359-GJX-1 FOR UNSECURED LOAD; UTC NUMBER 9361-GJX-6 FOR OPERATING A MOTOR VEHICLE WHILE DESTROYING EVIDENCE; UTC NUMBER 9360-GJX-5 FOR OPERATING A MOTOR VEHICLE WHILE IN POSSESSION OF A CONTROLLED SUBSTANCE. DEFENDANT CARLTON'S TOTAL BOND WAS SET AT $10,500.00 PER THE BOND SCHEDULE. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
