| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSS 0297 (AR15-16775) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). ON 101115 AT APPROXIMATELY 1129 HOURS, I WAS RUNNING TRAFFIC ON NORTH LECANTO HIGHWAY AT NORTH SMITH TERRACE, FACING A SOUTHERLY DIRECTION. THE SPEED ZONE I WAS OPERATING RADAR IN WAS A 35 MILE PER HOUR (MPH) ZONE. AT THAT TIME I OBSERVED, A WHITE FOUR DOOR, WHICH APPEARED TO BE A NISSAN, TRAVELING SOUTHBOUND THAT APPEARED TO BE EXCEEDING THE SPEED LIMIT. I ESTIMATED THE SPEED TO BE APPROXIMATELY 50 MPH. I THEN ACTIVATED MY RADAR UNIT, WHICH CONFIRMED THE SPEED TO BE 51 MPH IN A 35 MPH ZONE. I THEN PROCEEDED TO CATCH UP TO SAID VEHICLE, BEARING FLORIDA TAG DZJK83, AND DID PERFORM A TRAFFIC STOP ON SAID VEHICLE. THE VEHICLE PULLED OVER AT THE POWER LINES ON NORTH LECANTO HIGHWAY, SOUTH OF NORTH ROSS TERRACE. I THEN MADE CONTACT WITH THE DRIVER/DEFENDANT, IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE AS MR ZIKEE FOWLER. UPON EXPLAINING TO MR FOWLER WHY HE HAD BEEN STOPPED, I COULD SMELL A STRONG ODOR OF MARIJUANA EMANATING FROM INSIDE THE VEHICLE. I THEN RETURNED TO MY PATROL VEHICLE AND ASKED FOR A BACKUP UNIT TO RESPOND TO MY LOCATION. DEPUTY SANCHEZ (1242) RESPONDED TO MY LOCATION AS A BACKUP UNIT. I THEN EXPLAINED TO HIM THE SITUATION. I THEN MADE CONTACT WITH THE DEFENDANT AGAIN AND HAD HIM EXIT THE DRIVER'S DOOR. I THEN HAD THE DEFENDANT WALK TO THE FRONT OF MY PATROL VEHICLE AND I EXPLAINED TO HIM THAT I SMELLED THE ODOR OF MARIJUANA COMING OUT OF HIS VEHICLE. INITIALLY HE DENIED ANY TYPE OF MARIJUANA USE, BUT THEN LATER SAID THAT HE SMOKED A LITTLE BEFORE HE LEFT GAINESVILLE. I THEN SEARCHED THE DEFENDANT'S PERSON, WITH HIS CONSENT, WITH NEGATIVE RESULTS. DEPUTY SANCHEZ MADE CONTACT WITH THE PASSENGER, WHO WAS ASKED TO EXIT THE VEHICLE AS WELL. DEPUTY SANCHEZ THEN PERFORMED A SEARCH OF THE WHITE FOUR DOOR VEHICLE. WHILE HE SEARCHED SAID VEHICLE, I SPOKE WITH THE PASSENGER, WHO ADVISED THAT SHE DID SMOKE "WEED" EARLIER AT 0700 HOURS THIS MORNING, BUT THEN LATER SAID THAT THE DRIVER SMOKED "WEED" ON THE WAY. DEPUTY SANCHEZ LOCATED A SMALL CLEAR PLASTIC BAGGIE ON THE DRIVER'S SIDE DOOR POCKET AREA, UNDER SOME PAPERS. THE BAGGIE CONTAINED A WHITE POWDER, WHICH APPEARED TO POSSIBLY BE POWERED COCAINE. DEPUTY SANCHEZ, AFTER FINDING THE SUBSTANCE, MADE CONTACT WITH THE DEFENDANT, WHO WAS STANDING AT THE FRONT OF MY PATROL VEHICLE, PLACED HIM IN HANDCUFFS, AND ADVISED HIM HE WAS NOT BEING ARRESTED AT THAT TIME; HOWEVER, HE WAS BEING DETAINED AT THAT POINT. THE DEFENDANT ADVISED THAT NEITHER HE NOR THE PASSENGER USED COCAINE. WHILE DEPUTY SANCHEZ WENT TO PERFORM A FIELD TEST ON THE SUBSTANCE, I MADE CONTACT AGAIN WITH THE PASSENGER AND EXPLAINED TO HER THAT SHE POSSIBLY COULD BE ARRESTED FOR POSSESSION OF COCAINE. THE DEFENDANT THEN SPONTANEOUSLY STATED, "IT WAS MINE." A SHORT TIME LATER, I ADVISED THE DEFENDANT OF HIS MIRANDA WARNING VIA CARD. I ASKED THE DEFENDANT IF HE UNDERSTOOD HIS RIGHTS, AND HE SHOOK HIS HEAD IN A POSITIVE MANNER. HE THEN STATED AGAIN, "IT WAS MINE. DEPUTY SANCHEZ ADVISED THAT THE FIELD TEST OF THE SUBSTANCE TESTED POSITIVE FOR COCAINE. SHORTLY THEREAFTER, THE DEFENDANT WAS PLACED UNDER ARREST FOR ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE, SEAT BELTED IN THE REAR OF MY PATROL VEHICLE, AND WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. HIS BOND WAS SET AT $2,000.00 PER THE BOND SCHEDULE. THE TRAFFIC STOP WAS VIDEO TAPPED VIA IN CAR CAMERA, WHICH WAS LATER TURNED IN TO EVIDENCE. THE DEFENDANT WAS ISSUED CITRUS COUNTY TRAFFIC WARNING NUMBER 99042747, FOR DRIVING 51 MPH IN A 35 MPH ZONE. THE VEHICLE WAS TURNED OVER TO THE PASSENGER. |
