| Probable cause affidavit: |
SUBMITTED BY: CARRERAS, JOSE 0481 (AR08101181) 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 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). ON 011008 AT APPROXIMATELY 2213 HOURS, I WAS SITTING IN MY PATROL VEHICLE AT THE INTERSECTION OF NORTH DAVY WAY FACING SOUTHBOUND AT THE INTERSECTION OF NORTH CITRUS SPRINGS BOULEVARD, WHEN I OBSERVED A WHITE IN COLOR CHEVROLET CAVALIER TRAVELING WESTBOUND WITH NO TAG LIGHT VISIBLE. I THEN CAUGHT UP WITH THE VEHICLE AND RETRIEVED THE LICENSE PLATE information TO RUN THROUGH FCIC/NCIC. THE REGISTRATION SHOWED THE LICENSE PLATE HAD BEEN EXPIRED SINCE 112507. I THEN ACTIVATED my EMERGENCY OVERHEAD LIGHTS AND CONDUCTED A TRAFFIC STOP AT NORTH CITRUS SPRINGS BOULEVARD AND NORTH LENNOX TERRACE ON THE WHITE CHEVROLET CAVALIER. UPON MAKING CONTACT WITH THE DRIVER/DEFENDANT, MR WILLIE CLEVELAND III, I REQUESTED his DRIVER'S LICENSE, INSURANCE INFORMATION, AND VEHICLE REGISTRATION, WHICH HE ONLY PROVIDED HIS DRIVER'S LICENSE AND REGISTRATION. I THEN ASKED THE DEFENDANT IF HE HAD ANY WEAPONS, DRUGS OR ALCOHOL INSIDE THE VEHICLE, TO WHICH HE ADVISED HE DID NOT. HE ALSO STATED that HE HAS NEVER BEEN IN TROUBLE WITH THE LAW. UPON RETURNING TO MY PATROL VEHICLE AND VERIFYING INFORMATION I NOTICED THE DEFENDANT WAS INVOLVED IN A PRIOR CASE INVOLVING POSSESSION OF MARIJUANA. I THEN APPROACHED THE DEFENDANT AND ASKED HIM TO COME TO THE REAR OF THE VEHICLE SO I COULD SPEAK WITH HIM, AT WHICH TIME HE COMPLIED. I THEN ASKED THE DEFENDANT AGAIN IF HE HAD ANYTHING IN THE VEHICLE I SHOULD NO ABOUT, AND HE ADVISED ME THAT THERE MAY BE "ROACHES" LEFT INSIDE THE VEHICLE BY his FRIENDS. HE STATED HE DID NOT HAVE ANYTHING THAT BELONGED TO HIM ON HIS PERSON OR IN THE VEHICLE. I THEN ASKED THE DEFENDANT IF HE HAD ANY PROBLEMS WITH ME SEARCHING THE VEHICLE AND LOOKING FOR THE ROACHES, AND HE STATED HE HAD NO PROBLEM and GAVE ME CONSENT TO check HIS VEHICLE. UPON SEARCHING THE VEHICLE I LOCATED BURNED ASHES INSIDE A SMALL PAPER CUP IN THE CENTER COUNSEL. I ALSO LOCATED A CLEAR PLASTIC BAGGIE CONTAINING A VERY SMALL AMOUNT OF A GREEN LEAFY SUBSTANCE THAT THROUGH MY TRAINING AND EXPERIENCE I KNEW TO BE MARIJUANA. I THEN ASKED THE DEFENDANT IF thE GREEN LEAFY SUBSTANCE BELONGED TO HIM, AND HE CONTINUED TO ADVISE THAT IT BELONGED TO his FRIEND AND HE DID NOT KNOW A BAGGIE WAS IN THE COUNSEL. I THEN CONTINUED SEARCHING THE VEHICLE AND LOCATED A 2.8 OUNCE GREEN PRINGLES CONTAINER UNDERNEATH THE FRONT PASSENGER SIDE SEAT with A CLEAR PLASTIC BAGGIE INSIDE THE CONTAINER CONTAINING A GREEN LEAFY SUBSTANCE. I THEN ASKED THE DEFENDANT ABOUT THE DISCOVERY, AND HE CONTINUED TO ADVISE THAT IT PROBABLY BELONGED TO HIS FRIENDS, and HE DID NOT KNOW IT WAS THERE. THE GREEN LEAFY SUBSTANCE WAS LATER FIELD TESTED AND TESTED POSITIVE FOR MARIJUANA. I THEN ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR POSSESSION OF MARIJUANA LESS THAN 20 GRAMS. HE WAS THEN HANDCUFFED (DOUBLE-LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. I THEN READ THE DEFENDANT HIS MIRANDA WARNINGS VIA PRE-PRINTED CARD, TO WHICH HE ADVISED HE UNDERSTOOD AND STILL WISHED TO SPEAK with ME. I ASKED THE DEFENDANT AGAIN WHO THE MARIJUANA BELONGED TO, AND HE ADVISED ME THAT IT BELONGED TO HIM AND HE WAS SORRY THAT HE LIED. I ALLOWED THE DEFENDANT TO MAKE CONTACT WITH A friend TO PICK UP his VEHICLE, WHICH THEY LATER RESPONDED AND REMOVED THE VEHICLE. I THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. I COMPLETED A PROPERTY RECEIPT FOR THE GREEN LEAFY SUBSTANCE AND THE PRINGLES CAN WHICH WAS SINGED BY THE DEFENDANT. THE EVIDENCE WAS PACKAGED AND WILL BE TURNED INTO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE LOCKER. UPON ARRIVAL AT THE DETENTION FACILITY THE DEFENDANT WAS ISSUED ONE UNIFORM TRAFFIC CITATION NUMBER 8341-FIQ, FOR NO PROOF OF INSURANCE. I ALSO ISSUED THE DEFENDANT A WARNING NUMBER 211701B FOR EXPIRED TAG, AND A SECOND WARNING NUMBER 207175B FOR NO TAG LIGHT. IT SHOULD BE NOTED I COMBINED A SMALL BAGGIE INSIDE OF THE BAGGIE CONTAINING the MAJORITY OF the MARIJUANA, AND THEN WEIGHED THE BAGGIE CONTAINING THE MARIJUANA ON A DIGITAL SCALE WHICH PROVIDED A READ OUT OF 19.9 GRAMS. THE DEFENDANT'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
