Probable cause affidavit: |
SUBMITTED BY: HESSE, NICHOLAS 0689 (AR15-14704) MCGILL, TOMMY 1360 DEFENDANT DID OPERATE A VEHICLE UPON A FLORIDA HIGHWAY WITHOUT A VALID FLORIDA DRIVERâS LICENSE, IN VIOLATION OF FLORIDA STATE STATUTE, 322.03(1). DEFENDANT 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 042315 AT APPROXIMATELY 1100 HOURS, I CONDUCTED A TRAFFIC STOP AT THE INTERSECTION OF HIGHWAY 486 AND NORTH SKEETER TERRACE DUE TO THE DRIVER NOT WEARING A SAFETY BELT. I MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR ZACHARY SEARLE, WHO PROVIDED ME WITH HIS IDENTIFICATION CARD. DEFENDANT SEARLE THEN ADVISED THAT HE DID NOT HAVE A VALID FLORIDA DRIVERâ S LICENSE. WHEN ASKED IF HE HAD ANY WEAPONS IN HIS POSSESSION, DEFENDANT SEARLE BEGAN TO REACH INSIDE HIS POCKET. I INSTRUCTED DEFENDANT SEARLE TO NOT REACH INSIDE HIS POCKET, TO WHICH HE COMPLIED. I THEN INSTRUCTED DEFENDANT SEARLE TO STEP OUTSIDE OF THE VEHICLE TO WHICH HE ALSO COMPLIED. I HAD THE DEFENDANT STEP TO THE REAR OF THE VEHICLE WHERE HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. I THEN CONDUCTED A SEARCH OF THE DEFENDANT AND ESCORTED HIM TO MY PATROL VEHICLE. DURING THAT TIME, I OBSERVED THAT THE DEFENDANT WAS WALKING IN A STRANGE WAY. AT THAT TIME, DEPUTY HESSE WAS SPEAKING WITH THE PASSENGER IN THE VEHICLE, LATER IDENTIFIED AS THE OWNER OF THE VEHICLE AND THE DEFENDANT, MS SAMANTHA SHEERIN, ON THE DRIVERâS SIDE OF THE VEHICLE. DEFENDANT SHEERIN THEN STATED THAT SHE WAS AWARE THAT DEFENDANT SEARLE DID NOT HAVE A VALID FLORIDA DRIVERâS LICENSE. SHE THEN CONSENTED TO A SEARCH OF THE VEHICLE, AT WHICH TIME I RESPONDED TO THE PASSENGER SIDE OF THE VEHICLE TO CONDUCT THE SEARCH. DEPUTY HESSE THEN ADVISED ME THAT HAD LOCATED A SMALL PLASTIC BAGGIE CONTAINING CANNABIS, WHICH HE WAS ABLE TO IDENTIFY DUE TO HIS TRAINING AND EXPERIENCE. DEPUTY HESSE LOCATED THE BAGGIE IN THE SAME AREA I HAD JUST CONDUCTED A SEARCH OF DEFENDANT SEARLE. DEFENDANT SHERRIN THEN REVOKED HER CONSENT, AT WHICH TIME SHE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK FOR OFFICER SAFETY PURPOSES. A CANINE UNIT WAS REQUESTED TO RESPOND TO SCENE, WHERE DEPUTY VIGGIANO (0682) DID RESPOND TO CONDUCT A CANINE SNIFF ON THE SUSPECT VEHICLE. DEPUTY HESSE THEN READ MIRANDA RIGHTS TO DEFENDANT SEARLE WHILE HE WAS SEATED INSIDE THE PATROL VEHICLE. BOTH HE AND DEFENDANT SHEERIN BOTH DENIED HAVING ANY KNOWLEDGE OF THE BAGGIE CONTAINING CANNABIS. AT THAT TIME, DEFENDANT SEARLE WAS PLACED UNDER ARREST FOR DRIVING WITHOUT A VALID FLORIDA DRIVERâS LICENSE AND POSSESSION OF CANNABIS UNDER 20 GRAMS. DEFENDANT SHEERIN WAS ALSO PLACED UNDER ARREST FOR ALLOWING UNAUTHORIZED PERSON TO DRIVE HER VEHICLE. CANINE DEPUTY VIGEVANOâS CANINE SEARCH REVEALED NEGATIVE RESULTS IN LOCATING ANY DRUGS INSIDE THE SUSPECT VEHICLE. A ROTATION WRECKER WAS CONTACTED WITH A REQUEST TO RESPOND TO SCENE TO TOW THE SUSPECT VEHICLE. UPON THEIR ARRIVAL, A TOW SHEET WAS COMPLETED AND LATER TURNED INTO RECORDS. THE TOW DRIVER WAS PROVIDED WITH A COPY OF THE TOW SHEET. DEPUTY REID (0706) RESPONDED TO SCENE AND ASSISTED BY TRANSPORTING DEFENDANT SHEERIN TO THE CITRUS COUNTY DETENTION FACILITY. THIS DEPUTY FOLLOWED WITH DEPUTY HESSE, WHO AGAIN INTERVIEWED DEFENDANT SEARLE, WHO THEN ADMITTED THAT THE CANNABIS WAS HIS. DEFENDANT SEARLE ADVISED THAT HE USES CANNABIS FOR PERSONAL USE, AND DEFENDANT SHEERIN HAD NO KNOWLEDGE OF IT. DUE TO THE EVENTUAL COOPERATION OF BOTH DEFENDANTS, THEY WERE RELEASED ON THEIR OWN RECOGNIZANCE AFTER BEING CHARGED. DEFENDANT SEARLE WAS ISSUED UNIFORM TRAFFIC CITATION, A1P1IGP, FOR DRIVING WITHOUT A VALID FLORIDA DRIVERâS LICENSE. DEFENDANT SHEERIN WAS ISSUED UNIFORM TRAFFIC CITATION, A1P1IHP, FOR ALLOWING AN UNAUTHORIZED DRIVER TO DRIVE HER VEHICLE. |