| Probable cause affidavit: |
SUBMITTED BY: FERGUSON, R. ADAM 0505 (AR08101752) 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 TWENTY GRAMS OR MORE WITH THE INTENT TO DISTRIBUTE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(1)(A)(2) AND DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, SAID OBJECT BEING A MARIJUANA PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B). ON 021508, I RESPONDED TO THE PARKING LOT BEHIND SUPERIOR BANK IN HOMOSASSA AS BACKUP FOR CORPORAL BONURA. UPON ARRIVAL, CORPORAL BONURA ADVISED THAT WHILE PERFORMING A SECURITY CHECK OF THE AREA, HE OBSERVED THREE WHITE MALE SUBJECTS OUTSIDE OF A VEHICLE DIRECTLY BEHIND SUPERIOR BANK. AS HE APPROACHED THE VEHICLE, ALL THREE WHITE MALE SUBJECTS PROCEEDED TO GET INTO THE VEHICLE. CORPORAL BONURA ADVISED HE DID NOT INITIATE HIS OVERHEAD LIGHTS NOR DID HE BLOCK THE VEHICLE TO KEEP IT FROM LEAVING. HE ADVISED WHEN HE APPROACHED THE VEHICLE, HE MADE CONTACT WITH THE DRIVER/OWNER OF THE VEHICLE, DEFENDANT ONE MR TY FRASER. HE ADVISED THAT DEFENDANT FRASER PROVIDED HIM WITH HIS DRIVER'S LICENSE. CORPORAL BONURA RETURNED TO HIS PATROL VEHICLE TO RUN THE DRIVER'S LICENSE THROUGH NCIC/FCIC. I APPROACHED THE DRIVER SIDE OF THE VEHICLE, MAKING CONTACT WITH ALL THREE WHITE MALE OCCUPANTS. I ASKED IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE, TO INCLUDE MARIJUANA, COCAINE, HEROIN OR METHAMPHETAMINE, TO WHICH ALL THREE OCCUPANTS STATED NO. CORPORAL BONURA ADVISED THAT DEFENDANT FRASER DID NOT HAVE ANY WARRANTS AND ASKED IF I COULD INSTRUCT DEFENDANT FRASER TO STEP BACK TO CORPORAL BONURA'S PATROL VEHICLE SO THAT HIS INFORMATION COULD BE RETURNED. I ASKED THE FRONT PASSENGER, DEFENDANT TWO MR BRANDON KILLIUS, AND THE REAR SEAT PASSENGER IF THEY WOULD ALSO EXIT THE VEHICLE. AT THAT TIME, THEY WILLINGLY EXITED THE VEHICLE. I SPOKE WITH DEFENDANT KILLIUS AND ASKED HIM IF HE HAD ANYTHING ILLEGAL ON HIS PERSON, TO WHICH HE STATED NO. I ASKED IF I COULD SEARCH HIM FOR ANY ILLEGAL ITEMS, AT WHICH POINT HE STATED THAT HE DID NOT HAVE ANYTHING ILLEGAL ON HIM AND TO GO AHEAD AND SEARCH. AS I BEGAN SEARCHING DEFENDANT KILLIUS, HE ADVISED THAT HE WAS NERVOUS, AT WHICH POINT I STOPPED SEARCHING HIM. I ADVISED DEFENDANT KILLIUS THAT HE DID NOT HAVE TO LET ME SEARCH HIM AND THAT IF HE DID NOT WANT ME TO SEARCH HIM, THAT I WOULD NOT. DEFENDANT KILLIUS ADVISED I COULD CONTINUE SEARCHING HIM. I ASKED DEFENDANT KILLIUS IF HE HAD ANYTHING IN HIS POCKETS, TO WHICH HE STATED THAT HE HAD JUST HIS CIGARETTES AND HIS MONEY. AT THAT TIME, I REMOVED A PACK OF CIGARETTES FROM DEFENDANT KILLIUS' LEFT FRONT PANTS POCKET. UPON OPENING THE CIGARETTE PACK, I LOCATED A METALLIC PIPE CONTAINING A SMALL AMOUNT OF A GREEN LEAFY SUBSTANCE. ALSO LOCATED IN THE CIGARETTE PACK WAS A PLASTIC BAGGIE CONTAINING APPROXIMATELY THREE GRAMS OF MARIJUANA. I AGAIN ASKED DEFENDANT FRASER IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE AND IF HE HAD A PROBLEM IF I TOOK A LOOK. AGAIN DEFENDANT FRASER STATED THERE WAS NOTHING ILLEGAL IN THE VEHICLE AND HE DID NOT HAVE A PROBLEM WITH ME SEARCHING THE VEHICLE. UPON SEARCHING THE VEHICLE, I LIFTED UP THE REAR PASSENGER SEAT AND LOCATED IN A COMPARTMENT UNDERNEATH THE SEAT A WHITE GARBAGE BAG. INSIDE OF THIS WHITE GARBAGE BAG WERE TWO SEPARATE PLASTIC GROCERY BAGS. ONE GROCERY BAG CONTAINED TWO ZIPLOC BAGS WITH APPROXIMATELY THIRTY-FIVE GRAMS OF MARIJUANA IN EACH. THE OTHER GROCERY BAG CONTAINED ANOTHER TWO ZIPLOC BAGS WHICH BOTH CONTAINED EIGHT INDIVIDUAL BAGGIES WITH APPROXIMATELY THIRTY GRAMS OF MARIJUANA IN EACH BAGGIE. THE TOTAL PACKAGE WEIGHT WAS APPROXIMATELY FIVE HUNDRED SEVENTY-TWO GRAMS OF MARIJUANA. ALSO LOCATED IN THE WHITE GARBAGE BAG WAS A BLUE DIGITAL SCALE. AT THAT TIME, THE THREE OCCUPANTS OF THE VEHICLE WERE DETAINED IN HANDCUFFS (DOUBLE LOCKED) BEHIND THEIR BACKS AND SECURED IN THREE SEPARATE PATROL VEHICLES. DEPUTY LAMBERT READ DEFENDANT KILLIUS' HIS MIRANDA WARNINGS FROM A PREPRINTED CARD AND INTERVIEWED DEFENDANT KILLIUS. DEFENDANT KILLIUS ADVISED THAT ALL OF THE MARIJUANA WHICH WAS LOCATED IN THE VEHICLE BELONGED TO HIM AND THAT HE WAS TAKING IT TO A FRIEND IN TALLAHASSEE. CORPORAL BONURA READ DEFENDANT FRASER HIS MIRANDA WARNINGS FROM A PREPRINTED CARD. DEFENDANT FRASER ADVISED THAT THE DRUGS WERE IN FACT DEFENDANT KILLIUS' DRUGS BUT HE HAD PLACED THE NARCOTICS UNDER THE SEAT AND WAS PLANNING TO HELP DEFENDANT KILLIUS GET RID OF THE CONTENTS OF THE WHITE GARBAGE BAG ONCE THEY ARRIVED IN TALLAHASSEE. BOTH DEFENDANT FRASER AND DEFENDANT KILLIUS ADVISED THEY WERE UNSURE IF THE THIRD OCCUPANT OF THE VEHICLE KNEW THAT THE NARCOTICS WERE IN THE VEHICLE. DEFENDANT FRASER WAS SECURED IN THE REAR SEAT OF CORPORAL BONURA'S PATROL VEHICLE WHILE DEFENDANT KILLIUS WAS SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. BOTH DEFENDANTS WERE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, THERE WERE CHARGED WITH ONE COUNT OF POSSESSION OF MARIJUANA WITH THE INTENT TO SELL DUE TO THE AMOUNT OF THE MARIJUANA AND HOW IT WAS PACKAGED ALONG WITH THE PRESENCE OF THE DIGITAL SCALE. BOTH DEFENDANTS WERE ALSO CHARGED WITH ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA. TOTAL BOND FOR EACH INDIVIDUAL DEFENDANT WAS SET AT $5,500.00, PER THE BOND SCHEDULE. BOTH DEFENDANTS COMPLETED SWORN WRITTEN STATEMENTS WHICH WERE LATER TURNED IN TO RECORDS AND ALL OF THE EVIDENCE TAKEN INTO CUSTODY WAS PACKAGED TURNED INTO THE SHERIFF'S OFFICE EVIDENCE LOCKERS. *NOT-EXEMPT* |
