| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR12124351) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: THE DEFENDANT WAS IN POSSESSION OF 2.5 GRAMS OF COCAINE, IN VIOLATION OF THE FLORIDA STATE STATUTE 893.13(6)(A). did knowingly, willfully and feloniously be in the actual or constructive possession of a controlled substance, to-wit: THE DEFENDANT WAS IN POSSESSION OF .6 GRAMS OF MARIJUANA, in violation of Florida Statutes 893.13(6)(B). ON 011212, AT APPROXIMATELY 0156 HOURS, I WAS CONDUCTING A BUSINESS CHECK IN PARKING LOT AT THE NORTHWEST CORNER OF STATE ROAD 44 AND NORTHEAST SEVENTH AVENUE. WHILE FACING NORTHEAST SEVENTH AVENUE, I DID SEE THE DEFENDANT'S VEHICLE TRAVEL SOUTH PAST MY LOCATION WHERE I COULD SEE THROUGH THE FRONT PASSENGER SIDE WINDOW THAT THE DEFENDANT WAS NOT WEARING HIS SEATBELT. THE DEFENDANT THEN DID TURN WEST ON STATE ROAD 44, WHERE I PROCEEDED TO FOLLOW HIM. THE DEFENDANT THEN DID MERGE NORTH ON HIGHWAY 19. AS I WAS FOLLOWING THE DEFENDANT, MR ZACKARIAH DUVALL, WAS APPROACHING NORTHWEST CRYSTAL STREET HE DID CROSS THE WHITE FOG LINE TO THE RIGHT ON THREE separate OCCASIONS. I DID THEN CONDUCT A TRAFFIC STOP ON SAID VEHICLE IN FRONT OF 1801 NW HIGHWAY 19. I DID APPROACH THE DEFENDANT WHERE I ASKED TO SEE HIS DRIVER'S LICENSE, I DID NOTICE THE DEFENDANT WAS LEANED BACK IN HIS SEAT AND WAS THEN WEARING HIS SEATBELT. I DID ASK THE DEFENDANT WHY HE COULD NOT MAINTAIN A SINGLE LANE, AT WHICH TIME, HE STATED THAT HE WAS NERVOUS. I ASKED HIM WHY HE WAS NERVOUS, AND HE COULD NOT EXPLAIN. HE DID PROVIDE HIS DRIVER'S LICENSE, WHICH DISPLAYED AN ADDRESS IN HOMOSASSA AND I DID ASK HIM IF THIS WAS HIS CORRECT ADDRESS, TO WHICH HE STATED YES. I DID ASK HIM WHERE HE WAS COMING FROM AND GOING TO, WHICH HE STATED HE HAD DROPPED A FRIEND OFF AND WAS HEADING TO HIS RESIDENCE. AT THAT TIME, I QUESTIONED HIM THAT IF HE WAS HEADING TO HIS RESIDENCE, WHY HE WAS DRIVING IN THE OPPOSITE DIRECTION OF HIS RESIDENCE. HE THEN STATED BECAUSE HE WAS NERVOUS BECAUSE I GOT BEHIND HIM. AT THAT TIME, I REQUESTED K-9 DEPUTY HRYC TO RESPOND. I THEN ASKED THE DEFENDANT IF I COULD SEARCH THE VEHICLE ONCE THE TRAFFIC STOP WAS COMPLETED. THE DEFENDANT THEN DECLINED A SEARCH OF HIS VEHICLE. AT THAT TIME, I HEADED BACK TO MY PATROL VEHICLE WHERE I ALSO ASKED FOR DEPUTY NORTON TO RESPOND, AT WHICH TIME DEPUTY NORTON DID ARRIVE ON SCENE. AS I WAS PREPARING WARNING NUMBER 343713B, FOR FAILURE TO MAINTAIN A SINGLE LANE, K-9 DEPUTY HRYC ARRIVED ON SCENE. HE THEN CONDUCTED A SNIFF OF THE VEHICLE, AND ADVISED ME THAT HIS K-9 HAD ALERTED on the VEHICLE. AT THAT TIME, I ASKED THE DEFENDANT TO STEP OUR OF THE VEHICLE AND TO PROCEED TO THE REAR OF HIS VEHICLE. I THEN CONDUCTED A PAT DOWN, WHICH MET WITH NEGATIVE RESULTS. HE THEN STATED TO ME THAT HE KNEW WE WERE GOING TO FIND THE DRUGS, AND ADVISED ME THAT THERE WERE DRUGS IN THE CENTER VISOR. AT THAT TIME, HE STAYED WITH DEPUTY NORTON AS MYSELF AND DEPUTY HRYC SEARCHED THIS AREA. UPON OPENING THE CENTER VISOR , I DID LOCATE A CLEAR PLASTIC BAGGIE CONTAINING WHAT LOOKED LIKE CRACK COCAINE, BASED ON MY TRAINING AND EXPERIENCE. AT THAT TIME I DETAINED THE DEFENDANT AND PLACE HIM IN THE REAR SEAT OF MY PATROL VEHICLE. A FIELD TEST KIT WAS THEN CONDUCTED ON THE SUBSTANCE WHERE IT DID TEST POSITIVE FOR COCAINE. THIS TEST KIT WAS DISPLAYED IN TO THE IN CAR VIDEO OF MY PATROL VEHICLE. THIS BAGGIE CONTAINING THE COCAINE WAS WEIGHED AT 2.5 GRAMS. AT THAT TIME, DEPUTY HRYC CONTINUED TO SEARCH THE VEHICLE, AS I SPOKE WITH THE DEFENDANT. I DID READ THE DEFENDANT HIS MIRANDA RIGHTS VIA PRE-PRINTED CARD, WHERE HE ADVISED ME HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK with ME. HE THEN STATED THAT I WOULD FIND SOME MARIJUANA IN THE VEHICLE, HOWEVER WOULD NOT GIVE ME ANY INFORMATION ON THE CRACK COCAINE THAT I HAD LOCATED. I THEN CONTINUED TO SEARCH THE VEHICLE WITH DEPUTY HRYC WHO HAD LOCATED TWO SMALL BAGGIES ON THE CENTER CONSOLE THAT WERE SPILLED OUT ON THE DRIVER'S SEAT AND DRIVER'S SIDE FLOORBOARD. THESE BAGGIES APPEARED TO HAVE MARIJUANA IN THEM. I THEN ALSO LOCATED A BAGGIE MATCHING THE DESCRIPTION OF THE TWO FOUND on the CENTER CONSOLE, BEHIND THE DRIVER'S SEAT ON THE FLOORBOARD, THIS BAGGIE WAS EMPTY. ONE BAGGIE WEIGHED IN AT .4 GRAMS ONE BAGGIE WEIGHED IN AT .2 GRAMS AND ONE BAGGIE WAS EMPTY. I THEN SPOKE with THE DEFENDANT AGAIN, WHO ADVISED ME THAT HE HAD THE MARIJUANA IN HIS LAP WHILE I WAS FOLLOWING HIM, AND THAT IT WAS SPILLING OUT ON TO THE SEAT AND FLOORBOARD CAUSING HIM TO BE UNABLE TO MAINTAIN HIS LANE. HE DID ADVISE ME THAT IT WAS A STUPID DECISION TO HAVE THE CRACK COCAINE IN THE VEHICLE, AND TOLD ME THAT HE DOES NOT USE IT, BUT WOULD NOT TELL ME WHY IT WAS IN THE VEHICLE. AT THAT TIME, I ASKED HIM AT WHAT POINT, WHILE I WAS FOLLOWING HIM, DID HE PUT HIS SEATBELT ON, AND HE STATED THAT HE BELIEVED HE HAD IT ON THE ENTIRE TIME. AT THAT TIME, ALL EVIDENCE WAS OBTAINED AND A TOW SHEET WAS COMPLETED FOR SAID VEHICLE. DEPUTY NORTON REMAINED ON SCENE AND PROVIDED THE TOW SHEET AND VEHICLE TO KNIGHTLY AUTO. I THEN ADVISED THE DEFENDANT HE WAS UNDER ARREST AND OF HIS CHARGES, AT WHICH TIME, HE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WITH OUT INCIDENT. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, HE WAS CHARGED WITH ONE COUNT OF POSSESS OF CONTROLLED SUBSTANCE, WITH A $5,000.00 BOND, AND WITH ONE COUNT OF POSSESSION OF CANNABIS WITH A $500.00 BOND, BOTH PER THE BOND SCHEDULE. "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* |
