| Probable cause affidavit: |
SUBMITTED BY: PATTERSON, DEREK 0560 (AR-1959) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF LESS THAN 20 GRAMS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). DID UNLAWFULLY AND WILLFULLY REMAIN ON PROPERTY OTHER THAN STRUCTURE OR CONVEYANCE, TO WIT: CITRUS COUNTY PARK AFTER CLOSING HOURS, THE PROPERTY OF THE VICTIM, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT, IN VIOLATION OF FLORIDA STATE STATUTES 810.09(1)(A). ON 071312, AT 0130 HOURS, WHILE CONDUCTING ROUTINE PATROL, I OBSERVED A SILVER MAZDA PARKED AT THE FORT ISLAND BEACH, WHICH CLOSES AT 2130 HOURS. AS I WAS APPROACHING THE VEHICLE I OBSERVED THE DRIVER/DEFENDANT ONE, MR DANIEL FIALKO, QUICKLY GETTING IN TO THE DRIVER SEAT AND ANOTHER MALE/DEFENDANT TWO, MR WILLIAM FENDER, STANDING NEXT TO THE VEHICLE. I PULLED IN NEXT TO THE SILVER MAZDA AND AS I EXITED MY VEHICLE I COULD SMELL A STRONG SMELL OF MARIJUANA EMANATING FROM THE VEHICLE. I THEN MADE CONTACT WITH MR FIALKO, WHO WAS STILL SITTING IN THE VEHICLE AT THIS TIME, AND ASKED HIM WHERE THE MARIJUANA WAS AT. MR FIALKO STATED THAT HE AND MR FENDER HAD JUST GOTTEN DONE SMOKING THE MARIJUANA AND HE STATED THAT HE FELT “REALLY HIGH”. I ASKED MR FIALKO TO EXIT THE VEHICLE AND ASKED FOR CONSENT TO SEARCH BOTH HIM AND THE VEHICLE. WHICH HE GRANTED. I THEN SEARCHED MR FIALKO AND FOUND NO CONTRABAND DIRECTLY ON HIM. I THEN ASKED MR FIALKO TO STAND NEAR MY VEHICLE WHILE I SPOKE WITH MR FENDER. I THEN ASKED MR FENDER WHERE THE MARIJUANA WAS, TO WHICH HE ALSO REPLIED THAT HE AND MR FIALKO HAD ALREADY SMOKED IT. I THEN ASKED HIM FOR CONSENT TO SEARCH HIS PERSON, WHICH HE GRANTED. WHEN NO CONTRABAND WAS LOCATED I ASKED HIM TO STAND NEXT TO MR FIALKO, NEXT TO MY PATROL VEHICLE. I THEN SEARCHED THE VEHICLE, AT WHICH TIME, I LOCATED A SWISHER SWEETS CIGAR WRAPPER INSIDE OF THE FRONT PASSENGER SIDE FLOORBOARD. INSIDE OF THIS WRAPPER WAS A PORTION OF PAPER CIGAR WRAPPER, AFTER THE TOBACCO HAD BEEN DISCARDED. ON THE GROUND WHERE I HAD INITIALLY SEEN MR FENDER STANDING, I LOCATED A SMALL PARTIALLY SMOKED CIGAR. THE TIP OF THE CIGAR WAS STILL HOT INDICATING THAT IT HAD BEEN RECENTLY IGNITED. INSIDE OF THE CIGAR WAS A GREEN LEAFY SUBSTANCE, THAT BASED UPON MY TRAINING AND EXPERIENCE I RECOGNIZED AS BEING MARIJUANA. AT THAT TIME, MR FENDER DENIED HAVING ANY KNOWLEDGE OF THE CIGAR, STATING THAT IT WAS NOT HIS. THE SUBSTANCE FIELD TESTED POSITIVE AS MARIJUANA. MR FIALKO AND MR FENDER WERE ALSO ADVISED THAT THE PARK CLOSES AT 2130 HOURS AND WERE ADVISED THAT THERE WAS A SIGN UPON ENTERING THE PARK THAT INDICATES THIS. BOTH INDIVIDUALS ADVISED THAT THEY WERE NOT AWARE THAT THE PARK CLOSES. BOTH MR FIALKO AND MR FENDER WERE ISSUED A NOTICE TO APPEAR, FOR POSSESSION OF LESS THAN 20 GRAMS OF MARIJUANA AND FOR TRESPASS WITH A MANDATORY COURT DATE OF 080212 AT 1300 HOURS. UPON ARRIVAL AT THE EMERGENCY OPERATIONS CENTER I WEIGHED THE CIGAR AT ONE GRAM. THE CIGAR AND THE CIGAR WRAPPER WERE SUBMITTED TO THE EVIDENCE DIVISION. |
