| Probable cause affidavit: |
SUBMITTED BY: CRUZ, ABNER 0517 (AR12-3593) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: A CLEAR PLASTIC BAGGIE CONTAINING METHAMPHETAMINE AND A SECOND CLEAR PLASTIC BAGGIE CONTAINING COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A), TWO COUNTS. 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 112412, WHILE TRAVELLING SOUTHBOUND ON U.S. HIGHWAY 19, I OBSERVED NEXT TO MY PATROL VEHICLE A WHITE, CHARGER, BEARING SOUTH CAROLINA LICENSE PLATE NUMBER BCK610. THE VEHICLE HAD WHAT APPEARED TO BE ILLEGAL TINT, AT WHICH TIME, I INITIATED A TRAFFIC STOP WHILE THE VEHICLE WAS LOOKING FOR A LOCATION TO STOP, I OBSERVED BOTH THE DRIVER AND PASSENGER MOVING AROUND WITHIN THE VEHICLE, AT WHICH TIME, THE VEHICLE CAME TO A COMPLETE STOP IN THE PARKING LOT OF PUBLIX LOCATED AT 3942 SOUTH SUNCOAST BOULEVARD. AT THAT TIME, I EXITED MY PATROL VEHICLE AND APPROACHED THE DRIVERâS SIDE AND MADE CONTACT WITH THE FEMALE DRIVER, MS PRICILLA LEWIS. I THEN REQUESTED HER DRIVER'S LICENSE, VEHICLE REGISTRATION AND PROOF OF INSURANCE, WHICH SHE PROVIDED TO ME. I EXPLAINED TO HER THE REASON FOR THE STOP, WHICH WAS DUE TO HER TINTED WINDOWS BEING TOO DARK, WHICH SHE IMMEDIATELY ACKNOWLEDGED AND STATED THAT SHE HAD JUST BEEN GIVEN A WARNING FOR THE SAME REASON. LATER ON THE TINT WAS MEASURED AT FOUR PERCENT. AT THAT TIME, I MADE CONTACT WITH THE PASSENGER/DEFENDANT, MR WILSON WAYNE NEVELS. I REQUESTED HIS DRIVER'S LICENSE, WHICH HE COULD NOT PROVIDE. HE THEN GAVE ME A NAME OF MR WILSON NEVELS WITH DATE OF BIRTH OF 091851, WHICH WAS LATER VERIFIED THROUGH D.A.V.I.D. SYSTEM. AT THAT TIME, I ASKED THE DRIVER IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE THAT I NEEDED TO BE AWARE OF, TO WHICH SHE STATED NO. I THEN ASKED FOR PERMISSION TO SEARCH THE VEHICLE, TO whiCH SHE AGREED. K-9 DEPUTY HRYC ARRIVED ON SCENE, AT WHICH TIME, HE CONDUCTED AN EXTERIOR SNIFF OF THE VEHICLE WITH K-9 ZEUS, WHICH YIELDED POSITIVE ON THE PASSENGER SIDE. AT THAT TIME, BOTH DRIVER AND PASSENGER WERE ASKED TO EXIT THE VEHICLE, AT WHICH TIME, I BEGAN SEARCHING THE VEHICLE, THERE I LOCATED A BROWN LEATHER POUCH ON THE PASSENGER DOOR WHERE THE DEFENDANT HAD BEEN SITTING. I THEN LOOKED INSIDE OF THE POUCH AND THERE I LOCATED FOUR GOLD NECKLACES, TWO CLEAR PLASTIC BAGGIES ONE CONTAINING METHAMPHETAMINE AND THE SECOND BAGGIE CONTAINING POWDER COCAINE. I ALSO LOCATED IN THE POUCH A BLUNT, CONTAINING CANNABIS. A SEARCH OF THE VEHICLE DID NOT REVEAL ANY OTHER CONTRABAND. AT THAT TIME, I MADE CONTACT BACK WITH THE PASSENGER/DEFENDANT AND HE WAS READ HIS MIRANDA VIA PRE-PRINTED CARD, TO WHICH HE ACKNOWLEDGED THAT HE UNDERSTOOD AND AGREED TO SPEAK with ME. I THEN ASKED THE DEFENDANT IF THE POUCH CONTAINING THE DRUGS BELONGED TO HIM, TO WHICH HE STATED NO. HE THEN BEGAN TO GIVE ME differeNT STORIES OF WHO THE DRUGS BELONGED TO. HE CONTINUED TO DENY THAT THE DRUGS BELONGED TO HIM. AT THAT TIME, I MADE CONTACT WITH THE DRIVER. SHE STATED THAT APPROXIMATELY ONE HOUR BEFORE I STOPPED HER VEHICLE SHE HAD PICKED UP THE DEFENDANT FROM HIS TRUCK, WHICH WAS PARKED AT THE PUBLIX PARKING LOT. SHE STATED THAT SHE AND THE DEFENDANT WERE GOING TO DRIVE TO A JEWELRY STORE TOGETHER IN ORDER TO GET HER DIAMOND RING APPRAISED. THEY HAD GONE TO TWO DIFFERENT STORES, THE FIRST ONE WAS CLOSED AND THE SECOND STORE WAS OPEN. SHE WAS ABLE TO GET HER DIAMOND RING APPRAISED. AFTER THAT SHE DECIDED TO DRIVE THE DEFENDANT BACK TO HIS VEHICLE. SHE ADVISED THAT DURING THE DRIVE THE DEFENDANT HAD SHOWED HER APPROXIMATELY FOUR DIFFERENT GOLD NECKLACES BELONGING TO HIM. SHE STATED THAT SHE THEN GOT PULLED OVER BY THIS DEPUTY. SHE STATED THAT SHE DID NOT KNOW WHERE THE NECKLACES CAME FROM, HOWEVER SHE THINKS THEY MIGHT HAVE COME OUT OF THE POUCH THAT THE DEFENDANT HAD. AT THAT TIME, THE DEFENDANTâS WIFE ARRIVED ON SCENE. SHE STATED THAT A FRIEND HAD ADVISED HER THAT THEY HAD SEEN THE âPOLICEâ WITH HER HUSBAND AND SHE DECIDED TO COME TO THE LOCATION. I THEN SHOWED THE DEFENDANTâS WIFE THE POUCH WHERE THE DRUGS WERE FOUND, TO WHICH SHE IMMEDIATELY STATED THAT THE POUCH BELONGED TO THE DEFENDANT. I ALSO SHOWED HER FOUR GOLD NECKLACES THAT WERE INSIDE OF THE POUCH TO WHICH SHE STATED THAT THE NECKLACES BELONG TO HIM. SHE STATED THE LAST TIME SHE SAW THE NECKLACES WAS AT HER RESIDENCE INSIDE OF THE SAFE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR THE POSSESSION OF METHAMPHETAMINE, POSSESSION OF COCAINE AND POSSESSION OF CANNABIS. A SEARCH OF THE DEFENDANT REVEALED $160.00 CASH, A CELLULAR TELEPHONE , A LIGHTER, A SILVER WITH ZEBRA PATTERN PILL BOX CONTAINING VARIOUS CONTROLLED SUBSTANCE, TO WHICH HE STATED THAT THEY BELONGED TO HIM. I ALSO LOCATED A SECOND SILVER CONTAINER WHICH CONTAINED ADDITIONAL CONTROLLED SUBSTANCES, which HE ALSO STATED THEY BELONGED TO HIM AS WELL. THE DEFENDANT STATED THAT HE COULD PROVIDE PRESCRIPTIONS FOR THE CONTROLLED SUBSTANCES (MEDICATIONS). THE SUSPECT WAS HANDCUFFED (DOUBLE LOCKED) AND PLACED IN THE REAR OF MY PATROL VEHICLE. THE DRIVER WAS THEN ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 6340-GQF-8, FOR ILLEGAL TINT, WITH A FINE OF $113.00 PAYABLE WITHIN 30 DAYS. SHE WAS RELEASED ON SCENE AND HER VEHICLE WAS RELEASED TO HER. AT THAT TIME, THE DEFENDANT ASKED WHAT WOULD HAPPEN WITH HIS TRUCK WHICH WAS PARKED ON SCENE. THE TRUCK WAS THEN RELEASED TO HIS WIFE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $4,500.OO, PER THE BOND SCHEDULE. ALL CONTRABAND WAS TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. ALL THE CONTENTS OF THE DEFENDANTâS POCKETS WERE PLACED IN CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE FOR SAFEKEEPING. |
