Probable cause affidavit: |
SUBMITTED BY: SEFFERN, JONATHAN JR 0623 (AR15-16482)(15-123371) 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: A BLUE CUT STRAW WITH METHAMPHETAMINE RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1) DID UNLAWFULLY HAVE IN HIS/HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: FIVE SMALL PLASTIC BAGGIES CONTAINING AN APPROXIMATELY WEIGHT OF .95 GRAMS OF METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). \tDID, KNOWING HIS/HER DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED AS A HABITUAL TRAFFIC OFFENDER, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATUTE 322.34(2)(B) ON 09192015 MEMBERS OF THE TACTICAL IMPACT UNIT WERE CONDUCTING FOOT PATROLS IN THE LIQUID LAGOON PARKING LOT. WHILE CONDUCTING SAID PATROLS I OBSERVED A RED FOUR DOOR CHEVROLET CAR BEARING LICENSE PLATE NUMBER CBK F05 TRAVELING THROUGH THE PARKING LOT AT A HIGH RATE OF SPEED. AS THE VEHICLE REACHED UNIT MEMBERS LOCATION NEAR THE REAR OF THE PARKING LOT THE VEHICLES TIRES BEGAN SPINNING AND THE VEHICLE ACCELERATED EVEN FASTER. THE VEHICLE TRAVELED TOWARDS A DIRT ROAD AT THE REAR OF THE PARKING LOT AND ATTEMPTED TO EXIT THE PARKING LOT AT WHICH TIME I RESPONDED ON FOOT TOWARDS THE VEHICLES LOCATION AND BEGAN FLASHING MY FLASHLIGHT INDICATING THAT I WANTED THEM TO STOP. THE DRIVER OF THE VEHICLE STOPPED THE VEHICLE AT WHICH TIME I MADE CONTACT WITH HIM AND ADVISED HIM I WAS A DEPUTY WITH THE SHERIFFS OFFICE AND WAS CONDUCTING A TRAFFIC STOP ON HIM FOR SAID VIOLATIONS. THE DRIVER OF THE VEHICLE ADVISED THAT HE WAS AGGRAVATED BY A VEHICLE THAT WAS IN FRONT OF HIM DUE TO THAT VEHICLE NOT DRIVING AT A SPEED HE LIKED TO TRAVEL AND THAT WAS WHY HE WAS TRAVELING AT A HIGH RATE OF SPEED AND SPINNING HIS TIRES. I THEN REQUESTED HIS DRIVERS LICENSE, VEHICLE REGISTRATION AND PROOF OF INSURANCE. THE DRIVER IDENTIFIED HIMSELF AS MR. WILLIAM CARROLL. HE STATED THAT HE DID NOT HAVE A DRIVERS LICENSE AND PROVIDED ME WITH ONLY THE VEHICLE REGISTRATION. I THEN ASKED IF HE WOULD PROVIDE CONSENT TO A SEARCH OF THE VEHICLE; HOWEVER, HE ADVISED THAT THE VEHICLE WAS NOT HIS AND HE COULD NOT PROVIDE CONSENT. AT THAT TIME K-9 DEPUTY VIGGIANO ARRIVED ON SCENE. I REQUESTED HIM TO DEPLOY HIS K-9 CO-PARTNER CONAN TO CONDUCT AN EXTERIOR FREE AIR SNIFF ON THE VEHICLE FOR THE ODOR OF NARCOTICS. WHILE STANDING NEAR FRONT PASSENGER DOOR WAITING ON K-9 DEPUTY VIGGIANO TO RETRIEVE HIS K-9 CO-PARTNER I OBSERVED ALL THE OCCUPANTS OF THE VEHICLE BECOME EXTREMELY FIDGETY. I THEN OBSERVED THE REAR PASSENGER SEAT OCCUPANT REACH INTO HIS RIGHT FRONT SHORTS POCKET. AT THAT TIME IT WAS UNKNOWN IF THE OCCUPANT WAS REACHING FOR A WEAPON, SUBSEQUENTLY HE WAS REMOVED FROM THE VEHICLE PRIOR TO K-9 DEPUTY VIGGIANO AND HIS K-9 CO-PARTNER DEPLOYING ON THE VEHICLE. UPON REQUESTING THE OCCUPANT TO EXIT THE VEHICLE HE WAS IDENTIFIED AS MR. NICHOLAS SERRECCHIO. UNIT MEMBER POLLARD ESCORTED HIM TO THE FRONT OF HIS PATROL VEHICLE WHICH HE HAD PULLED UP TO OUR LOCATION. UNIT MEMBER POLLARD THEN CONDUCTED A PAT DOWN ON MR. SERRECCHIO FOR WEAPONS AT WHICH TIME HE NOTICED MR. SERRECCHIOâS FRONT RIGHT SHORTS POCKET TO BE PARTIALLY BUTTER FLIED OUT. UNIT MEMBER POLLARD NOTICED A BLUE CUT STRAW STICKING OUT OF THE POCKET AND A SMALL CLEAR PLASTIC CONTAINER THAT CONTAINED SMALL SIZE DIME BAGGIES. THROUGH UNIT MEMBER POLLARD TRAINING AND EXPERIENCE HE WAS ABLE TO IDENTIFY THE ITEMS TO BE METHAMPHETAMINE RELATED ITEMS DUE TO THE WAY THE STRAW WAS CUT IN A DIAGONAL FASHION. AT THAT TIME UNIT MEMBER POLLARD RETRIEVED THE BLUE CUT STRAW AND THE CLEAR PLASTIC CONTAINER FROM MR. SERRECCHIOâS POCKET. UPON FURTHER OBSERVATION OF THE CLEAR PLASTIC CONTAINER UNIT MEMBER POLLARD NOTICED A NITRO GLYCERIN TYPE CONTAINER THAT CONTAINED A CRYSTALLINE SUBSTANCE WITHIN. THROUGH UNIT MEMBER POLLARDS TRAINING AND EXPERIENCE HE WAS ABLE TO IDENTIFY THE SUBSTANCE AS METHAMPHETAMINE. UNIT MEMBER POLLARD THEN OPENED THE CLEAR PLASTIC CONTAINER AND OBSERVED SEVERAL SMALL CLEAR DIME BAGGIES AND THE NITRO GLYCERIN TYPE CONTAINER TO WHICH CONTAINED THE METHAMPHETAMINES. THE SUBSTANCE WAS LATER FIELD TESTED UTILIZING A PRESUMPTIVE FIELD TEST KIT WHICH YIELDED A POSITIVE RESULT FOR THE PRESENCE OF METHAMPHETAMINES. THE METHAMPHETAMINE WAS REMOVED FROM THE NITRO GLYCERIN TYPE BOTTLE AND RE PACKAGED IN A SMALL CLEAR BAGGIE TO BE WEIGHED, WHICH TOTALED AN APPROXIMATELY .79 GRAMS. AT THAT TIME MR. SERRECCHIO WAS PLACED UNDER ARREST, HANDCUFFED BEHIND HIS BACK (DOUBLE LOCKED) AND SECURED IN THE REAR SEAT OF UNIT MEMBER POLLARDS PATROL VEHICLE. K-9 DEPUTY VIGGIANO THEN DEPLOYED HIS K-9 CO-PARTNER TO CONDUCT AN EXTERIOR FREE AIR SNIFF ON THE VEHICLE AND ADVISED THAT HIS K-9 INDICATED A POSITIVE ALERT FOR THE ODOR OF NARCOTICS. AT THAT TIME MR. CARROLL WAS REQUESTED TO EXIT THE VEHICLE. UPON EXITING THE VEHICLE MR. CARROLL WAS ASKED BY SERGEANT MARSHALL IF HE HAD ANY ILLEGAL ITEMS ON HIS PERSON, TO WHICH HE ADVISED SERGEANT MARSHALL THAT HE HAD SOME SMALL DIME BAGGIES IN HIS SHORTS POCKET. AT THAT TIME SERGEANT MARSHALL REQUESTED MR. CARROLL TO RETRIEVE THE BAGGIES FROM HIS POCKET TO WHICH HE REMOVED THE BAGGIES FROM HIS LEFT SHORTS POCKET AND HANDED THEM TO SERGEANT MARSHALL. UPON FURTHER OBSERVATION OF THE BAGGIES SERGEANT MARSHALL OBSERVED FIVE OF THE SMALL BAGGIES TO CONTAIN A CRYSTALLINE SUBSTANCE WITHIN THAT HE WAS ABLE TO IDENTIFY AS METHAMPHETAMINES THROUGH HIS TRAINING AND EXPERIENCE. THE SUBSTANCE WAS LATER FIELD TESTED UTILIZING A PRESUMPTIVE FIELD TEST KIT WHICH YIELDED A POSITIVE RESULT FOR THE PRESENCE OF METHAMPHETAMINES. THE BAGGIES WERE INDIVIDUALLY WEIGHED AND TOTALED AS FOLLOWS: BAGGIE ONE WEIGHED .25 GRAMS, BAGGIE TWO WEIGHED .19 GRAMS, BAGGIE THREE WEIGHED .19 GRAMS, BAGGIE FOUR WEIGHED .19 GRAMS AND BAGGIE FIVE WEIGHED .13 GRAMS TOTALING APPROXIMATELY .95 GRAMS. AT THAT TIME MR. CARROLL WAS PLACED UNDER ARREST, HANDCUFFED BEHIND HIS BACK (DOUBLE LOCKED) AND SECURED IN THE REAR SEAT OF UNIT MEMBER POLLARDS PATROL VEHICLE. AT THAT TIME FRONT SEAT PASSENGER IDENTIFIED AS MS BRITTNEY DEMERASKI WAS REQUESTED TO EXIT THE VEHICLE. AS SHE EXITED THE VEHICLE I NOTICED HER TO HAVE A NINJA TURTLE BOOK BAG HELD BETWEEN HER LEGS. I ADVISED HER TO LEAVE THE BOOK BAG INSIDE OF THE VEHICLE. MS DEMERASKI WAS ESCORTED TO THE FRONT OF UNIT MEMBER POLLARDS PATROL VEHICLE. AT THAT TIME REAR SEAT PASSENGER IDENTIFIED AS MS BRANDY SMITH WAS REQUESTED TO EXIT THE VEHICLE. MS SMITH WAS ESCORTED TO THE FRONT OF UNIT MEMBER POLLARDS PATROL VEHICLE. AT THAT TIME A SEARCH OF THE VEHICLE WAS CONDUCTED BY SERGEANT MARSHALL AND K-9 DEPUTY VIGGIANO. SERGEANT MARSHALL LOCATED A BLACK BOX INSIDE OF THE NINJA TURTLE BOOK BAG THAT MS DEMERASKI WAS IN POSSESSION OF. UPON FURTHER OBSERVATION OF THE BLACK BOX, IT CONTAINED A BLACK âAWSâ DIGITAL SCALE, TWO BLUE CUT STRAWS CONTAINING A CRYSTALLINE SUBSTANCE THAT SERGEANT MARSHALL WAS ABLE TO IDENTIFY AS METHAMPHETAMINES THROUGH HIS TRAINING AND EXPERIENCE, SEVERAL SMALL DIME BAGGIES THAT ALSO CONTAINED TRACE AMOUNTS OF METHAMPHETAMINE RESIDUE, A RAZOR BLADE AND A LARGE TORCH LIGHTER. THE METHAMPHETAMINE RESIDUE WAS LATER FIELD TESTED UTILIZING A PRESUMPTIVE FIELD TEST KIT WHICH YIELDED A POSITIVE RESULT FOR THE PRESENCE OF METHAMPHETAMINES ON THE CUT STRAWS AND PLASTIC BAGGIES. AT THAT TIME MS DEMERASKI WAS ADVISED SHE WAS BEING PLACED UNDER ARREST. SHE WAS ASKED IF SHE HAD ANY ILLEGAL ITEMS CONCEALED ON HER PERSON THAT I NEEDED TO KNOW ABOUT PRIOR TO ARRIVING AT THE JAIL. MS DEMERASKI ADVISED THAT SHE HAD A GLASS METHAMPHETAMINE PIPE CONCEALED IN HER BRA. I THEN REQUESTED MS DEMERASKI TO RETRIEVE THE PIPE WITHOUT REMOVING ANY CLOTHING OR EXPOSING HERSELF. MS DEMERASKI RETRIEVED THE PIPE AND THEN HANDED IT TO ME. MS DEMERASKI WAS THEN PLACED IN HANDCUFFS BEHIND HER BACK (DOUBLE LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. A DRIVERS LICENSE QUERY WAS CONDUCTED THROUGH FCIC/NCIC WHICH REVEALED THAT DEFENDANT CARROLLâS DRIVERS LICENSE HAD BEEN REVOKED FOR 60 MONTHS ON 07-20-2105. AT THAT TIME ALL THREE DEFENDANTS WERE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING A PROCESSING. UPON ARRIVAL ALL THREE DEFENDANTS WERE TURNED OVER TO DETENTION FACILITY STAFF. DEFENDANT CARROLL WAS CHARGED WITH ONE COUNT POSSESSION OF A CONTROLLED SUBSTANCE, POSSESSION OF PARAPHERNALIA AND DRIVING WHILE LICENSE SUSPENDED OR REVOKED WITH A BOND SET AT $4,000.00 PER THE BOND SCHEDULE. FLORIDA UNIFORM TRAFFIC CITATION NUMBER A1BU3VP WAS COMPLETED FOR DRIVING WHILE LICENSE SUSPENDED AND UNIFORM TRAFFIC CITATION NUMBER A1`BU3WP WAS COMPLETED FOR POSSESSION OF A CONTROLLED SUBSTANCE WHILE IN ACTUAL PHYSICAL CONTROL OF A MOTOR VEHICLE. A COPY OF BOTH CITATIONS WHERE ISSUED TO THE DEFENDANT. DEFENDANT SERRECCHIO WAS CHARGED WITH ONE COUNT POSSESSION OF A CONTROLLED SUBSTANCE AND ONE COUNT OF POSSESSION OF PARAPHERNALIA WITH A BOND SET AT $3,000.00 PER THE BOND SCHEDULE. DEFENDANT DEMERASKI WAS CHARGED WITH ONE COUNT POSSESSION OF PARAPHERNALIA WITH A BOND SET AT $1,000.00 PER THE BOND SCHEDULE. NARRATIVE SUBMITTED BY DEPUTY SEFFERN JR 0623 |