| Probable cause affidavit: |
SUBMITTED BY: LAMBERT, BOBBY 0480 (AR10116654) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: METHAMPHETAMINE, IN VIOLATION OF FLORIDA'S 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'S STATE STATUTE 893.147(1). ON 090310 I WAS RUNNING STATIONARY RADAR ON EAST GOBBLER DRIVE IN THE AREA OF OLD FLORAL CITY ROAD. I OBSERVED A SILVER SUV BEARING FLORIDA TAG NUMBER 024WNG TRAVELING WESTBOUND AT A SPEED GREATER THAN THE POSTED SPEED LIMIT OF 35 MPH. I ESTIMATED THIS VEHICLE'S SPEED TO BE APPROXIMATELY 45 MPH WHERE I ACTIVATED MY RADAR AND RECEIVED A VISUAL DISPLAY OF 47 MPH ALONG WITH A CLEAR AUDIBLE TONE. I CONTINUED TO RECEIVE THIS READING FROM THE VEHICLE UNTIL THE VEHICLE PASSED MY PATROL VEHICLE WHERE THE READING STOPPED. THERE WAS ALSO NO OTHER TRAFFIC IN THE AREA AT THE TIME. I POSITIONED MY PATROL VEHICLE BEHIND the SILVER SUV WHERE I CONDUCTED A TRAFFIC STOP ON EAST GOBBLER DRIVE JUST EAST OF HIGHWAY 41 SOUTH. I THEN MADE CONTACT WITH THE DRIVER/DEFENDANT, MR WILLIAM SMITH. I IDENTIFIED MYSELF AND INFORMED HIM OF THE REASON FOR THE TRAFFIC STOP. MR SMITH STATED THAT HE DID NOT KNOW WHAT THE SPEED LIMIT WAS ON GOBBLER; HE ALSO STATED that HE WAS NOT AWARE OF WHAT HIS SPEED WAS. I THEN REQUESTED HIS DRIVER'S LICENSE TO WHICH HE PROVIDED ME WITH A FLORIDA DRIVER'S LICENSE. I ALSO ASKED MR SMITH IF THERE WERE ANY GUNS OR ILLEGAL DRUGS in the VEHICLE, TO WHICH HE STATED NO. I RETURNED TO MY PATROL VEHICLE WHERE I CHECKED THE DEFENDANT'S DRIVER'S LICENSE STATUS AND CHECKED FOR ANY WANTS OR WARRANTS. I ALSO BEGAN COMPLETING A WARNING CITATION FOR SPEEDING. K-9 DEPUTY BEHNAN ARRIVED ON SCENE WITH K-9 JERRY LEE. DEPUTY BEHNAN DEPLOYED JERRY LEE ON THE VEHICLE WHERE DEPUTY BEHNAN ADVISED OF A POSITIVE ALERT TO THE VEHICLE (SEE K-9 REPORT). I ASKED MR SMITH TO STEP OUT OF THE VEHICLE TO WHICH HE AGREED. I INFORMED MR SMITH THAT THE DOG DID ALERT TO SOME KIND OF NARCOTICS BEING IN HIS VEHICLE. MR SMITH STATED THAT HE COULD NOT PROVIDE A GOOD REASON THE DOG WOULD ALERT. I ASKED MR SMITH IF HE HAD ANY ILLEGAL NARCOTICS ON HIS PERSON, TO WHICH HE STATED NO. I ASKED MR SMITH IF HE WOULD OBJECT TO ME SEARCHING HIS PERSON FOR ANY DRUGS OR WEAPONS, TO WHICH HE STATED NO, GO AHEAD. A SEARCH OF DEFENDANT SMITH REVEALED A WHITE AND BLACK PLASTIC BAGGIE WITH THE MARKINGS OF AN EIGHT BALL WHICH WAS LOCATED IN HIS LEFT SHOE. INSIDE THE PLASTIC BAG WAS 2.5 GRAMS OF METHAMPHETAMINE. AFTER DISCOVERING THIS METHAMPHETAMINE, THE DEFENDANT WAS PLACED UNDER ARREST FOR POSSESSION OF CONTROLLED SUBSTANCE, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE. MR SMITH WAS READ MIRANDA AND HE STATED THAT HE UNDERSTOOD and WOULD SPEAK WITH ME. MR SMITH DENIED KNOWING THE METHAMPHETAMINE WAS IN HIS SHOE. NEXT I SEARCHED THE DEFENDANT'S VEHICLE AND discovered A GLASS PIPE WITH METHAMPHETAMINE RESIDUE. THIS PIPE WAS LOCATED IN THE CENTER CONSOLE OF THE VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $5,500.00, PER THE BOND SCHEDULE. ALL EVIDENCE WAS COLLECTED AND TURNED TO EVIDENCE. the VICTIM'S VEHICLE WAS TOWED BY SCALLY'S. "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* |
