| Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0652 (15-50111) (AR15-14634) ANY PERSON WHO KNOWINGLY SELLS, PURCHASES, MANUFACTURES, DELIVERS OR BRINGS INTO THIS STATE OR WHO IS KNOWINGLY IN ACTUAL OR CONSTRUCTIVE POSSESSION OF 28 GRAMS OR MORE, BUT LESS THAN 200 GRAMS OF METHAMPHETAMINE IS GUILTY OF A FELONY OF THE FIRST DEGREE, WHICH FELONY SHALL BE KNOWN AS TRAFFICKING IN METHAMPHETAMINE, AND SUCH PERSON SHALL BE SENTENCED TO A MANDATORY MINIMUM OF 7 YEARS, IN VIOLATION OF FLORIDA STATE STATUTE 893.135(1)(F)(1)(B).\t DID UNLAWFULLY AND FELONIOUSLY SELL, MANUFACTURE OR DELIVER OR POSSESS WITH INTENT TO SELL, MANUFACTURE OR DELIVER OR CAUSE TO BE SOLD, MANUFACTURED OR DELIVERED TO ANOTHER PERSON, A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(1)(A)(2). DID UNLAWFULLY AGREE, CONSPIRE, COMBINES, OR CONFEDERATES, WITH ANOTHER PERSON OR PERSONS TO COMMIT AN OFFENSE OF CRIMINAL CONSPIRACY, TO WIT: EXCHANGED POSSESSION OF METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 777.04(2). ON 041715, AT APPROXIMATELY 0023 HOURS, MEMBERS OF THE TACTICAL IMPACT UNIT WERE CONDUCTING TRAFFIC ENFORCEMENT IN THE AREA OF COUNTRYSIDE ESTATES, IN INVERNESS, WHICH INCLUDES BEA AVENUE, SOUTH BORDER AVENUE, EAST COUNTRYSIDE DRIVE, AND HAVEN STREET IN REFERENCE TO INTELLIGENCE GATHERED THAT NARCOTICS WERE BEING TRANSPORTED THROUGH AND TO THIS AREA. AT APPROXIMATELY 0023 HOURS, I OBSERVED A BLACK TOYOTA PICKUP TRUCK BEARING FLORIDA LICENSE PLATE NUMBER M811JL, TRAVELING WESTBOUND ON HAVEN STREET NEAR BORDER AVENUE AND KNEW THIS TRUCK TO BE ASSOCIATED WITH NARCOTICS ACTIVITY BASED ON THE INFORMATION SHARED THROUGH INTELLIGENCE LED POLICING. I PULLED BEHIND THE VEHICLE AS I WAS COMING OFF OF TRAIL 9 AND BEGAN FOLLOWING IT NORTHBOUND AS IT TURNED ONTO BORDER AVENUE. THE VEHICLE'S SPEED GRADUALLY INCREASED AND I WAS ABLE TO PACE THE VEHICLE AT 45 MILES PER HOUR IN A 35 MILES PER HOUR ZONE WITH MY AGENCY ISSUED CALIBRATED PATROL VEHICLE. I THEN INFORMED OTHER UNIT MEMBERS THAT I WAS GOING TO CONDUCT A TRAFFIC STOP ON THAT VEHICLE AND DID SO AS THE VEHICLE TURNED WESTBOUND ONTO COUNTRYSIDE DRIVE. I ACTIVATED MY EMERGENCY LIGHTS AND SIRENS AND THE VEHICLE PULLED TO THE SIDE OF THE ROAD. AS THE VEHICLE WAS STILL MOVING, I COULD SEE THE REAR SEAT PASSENGER'S SIDE PASSENGER, LATER IDENTIFIED AS MS HEATHER MCELRATH, TO BE MOVING AROUND EXCESSIVELY IN THE BACK SEAT. I APPROACHED THE DRIVER'S SIDE OF THE VEHICLE AND MADE CONTACT WITH DRIVER/DEFENDANT, MR TIMOTHY LAWSON, AND ASKED FOR HIS DRIVER'S LICENSE, REGISTRATION, AND PROOF OF INSURANCE, WHICH HE PROVIDED. I THEN ASKED DEFENDANT LAWSON IF THERE WERE ANY ILLEGAL ITEMS INCLUDING NARCOTICS OR GUNS INSIDE THE VEHICLE, WHICH HE STATED NO THERE WAS NOT. I THEN ASKED DEFENDANT LAWSON FOR PERMISSION TO SEARCH HIS VEHICLE AND HE ADVISED NO, HE WAS JUST GOING HOME. I TOOK THE DRIVER'S INFORMATION BACK TO MY PATROL VEHICLE AND REQUESTED THE ASSISTANCE OF K-9 DEPUTY C PHILLIPS, WHO ARRIVED ON SCENE AS I CALLED FOR HIM ON THE RADIO. DEPUTY PHILLIPS DEPLOYED K-9 KENO TO CONDUCT AN EXTERIOR SNIFF OF THE VEHICLE, SEE K-9 SUPPLEMENT. DEPUTY PHILLIPS ADVISED ME THAT HIS K-9 ALERTED. SERGEANT MARSHALL REQUESTED THAT DEFENDANT LAWSON EXIT THE VEHICLE. PRIOR TO DEFENDANT LAWSON EXITING, DEFENDANT LAWSON ADVISED THAT THERE WAS A LOADED PISTOL IN THE CENTER CONSOL. ALL OCCUPANTS WERE INSTRUCTED TO KEEP THEIR HANDS VISIBLE. DEFENDANT LAWSON EXITED THE VEHICLE AND WAS PATTED DOWN FOR WEAPONS. THE OTHER OCCUPANTS OF THE VEHICLE, INCLUDING THE FRONT SEAT PASSENGER/DEFENDANT, MS BRANDY ADAMS, BACK SEAT PASSENGER, MS HEATHER MCELRATH, AND 3 YEARS OLD GRANDSON OF DEFENDANT LAWSON WERE ALL ASKED TO EXIT THE VEHICLE. MS MCELRATH AND DEFENDANT ADAMS WERE PATTED DOWN FOR WEAPONS AND INSTRUCTED TO STAND NEAR THE FRONT OF MY PATROL VEHICLE. SERGEANT MARSHALL AND DEPUTY POLLARD BEGAN SEARCHING THE VEHICLE AND I WAS NOTIFIED SOON AFTER THAT A SUBSTANTIAL AMOUNT OF CANNABIS WAS FOUND IN THE CENTER CONSOL OF THE VEHICLE NEXT TO A .40 CALIBER HI-POINT SEMIAUTOMATIC PISTOL BEARING SERIAL NUMBER 720507. THE CANNABIS WAS LATER WEIGHTED AT 34.1 GRAMS. DEFENDANT LAWSON WAS PLACED IN HANDCUFFS, BEHIND HIS BACK, (DOUBLE LOCKED), AND STILL ALLOWED TO STAND OUTSIDE MY PATROL VEHICLE. AFTER THE COMPLETION OF THE SEARCH OF THE VEHICLE, DEFENDANT LAWSON WAS SEATED IN THE REAR OF DEPUTY POLLARD'S VEHICLE. I CONDUCTED A DIGITALLY RECORDED INTERVIEW WITH DEFENDANT LAWSON AND I READ DEFENDANT LAWSON HIS MIRANDA WARNING VIA AGENCY PREPRINTED CARD. DEFENDANT LAWSON ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND STATED THAT HE WOULD SPEAK WITH ME AT THIS TIME. DURING THE INTERVIEW, DEFENDANT LAWSON ADMITTED THAT BOTH THE PISTOL AND THE CANNABIS WAS HIS. DURING THE INTERVIEW WITH DEFENDANT LAWSON, SERGEANT MARSHALL AND DEPUTY POLLARD HAD SEPARATED DEFENDANT ADAMS AND MS MCELRATH AND THEY WERE BEING QUESTIONED ABOUT THIS INCIDENT. AS I WALKED BACK TO WHERE MS MCELRATH WAS STANDING, SHE BEGAN STATING THAT SHE DID NOT WANT TO GO TO JAIL. I ADVISED HER THAT SHE NEEDED TO BE COMPLETELY HONEST ABOUT ANY OTHER NARCOTICS THAT WERE IN THE VEHICLE OR ON HER PERSON. SHE THEN ADVISED SHE WANTED TO BE HONEST. SHE WAS TOLD THAT IT WAS BELIEVED THAT SHE WAS HOLDING OTHER NARCOTICS ON HER, AT WHICH TIME; SHE LOWERED HER HEAD AND SHOOK HER HEAD YES. SHE THEN ADVISED THAT IT WAS IN HER VAGINAL CAVITY AND THAT SHE COULD RETRIEVE IT WITHOUT EXPOSING HERSELF. SHE WAS THEN ASKED TO WALK IN FRONT OF THE SUSPECT'S VEHICLE, REMOVE THE OBJECT AND PLACE IT ON THE HOOD OF THE VEHICLE WHEN SHE WAS DONE. ALL UNIT MEMBERS GAVE HER PRIVACY DURING THIS EVENT; HOWEVER, SHE WAS STILL WITHIN VIEW. MS MCELRATH HAD PLACED A ZIP BAGGIE CONTAINING A CRYSTAL LIKE SUBSTANCE, WHICH THROUGH MY TRAINING AND EXPERIENCE THOUGHT TO BE METHAMPHETAMINE, ON THE HOOD OF THE VEHICLE. SHE WAS THEN ASKED IF SHE WOULD BE OKAY WITH GIVING A RECORDED INTERVIEW AND SHE SAID YES. I CONDUCTED A DIGITALLY RECORDED INTERVIEW WITH HER AND I READ HER MIRANDA WARNING VIA AGENCY PREPRINTED CARD. MS MCELRATH ADVISED THAT SHE UNDERSTOOD HER RIGHTS AND STATED THAT SHE WOULD SPEAK WITH ME AT THIS TIME. MS MCELRATH BEGAN TELLING ME AN APPROXIMATE LOCATION WHERE THEY HAD GONE TONIGHT AND THAT SHE WAS NOT SURE WHAT THEY WERE GOING TO DO. SHE OVERHEARD DEFENDANT LAWSON TALKING ABOUT HAVING APPROXIMATELY $1,500.00. SHE ADVISED THEY PULLED UP TO A HOUSE, DEFENDANT LAWSON WENT TO THE FRONT DOOR OF THE RESIDENCE AND WAS SPEAKING WITH SOMEONE ON THE FRONT PORCH. HE RETURNED IN A SHORT TIME AND THEY BEGAN HEADING BACK TOWARDS INVERNESS. SHE ADVISED THAT AS I WAS PULLING THEM OVER, THE FRONT SEAT PASSENGER/DEFENDANT ADAMS, HANDED HER A BAGGIE, WHICH AFTER SHE FELT THE BAGGIE KNEW WAS POSSIBLY METH INSIDE. SHE WAS TOLD TO ''STUFF'' IT BY DEFENDANT ADAMS. SHE ADVISED SHE THEN PLACED IT INTO HER VAGINA AS A WAY TO CONCEAL IT. DUE TO HER COOPERATION AND STATEMENT, SHE WAS RELEASED ON SCENE. I RETUNED TO DEFENDANT LAWSON AND CONTINUED THE RECORDED STATEMENT AND BEGAN ASKING HIM ABOUT OTHER NARCOTICS IN THE VEHICLE. DEFENDANT LAWSON ADVISED THAT HE KNEW NOTHING ABOUT ANY OTHER NARCOTICS. DEPUTY POLLARD BEGAN QUESTIONING DEFENDANT LAWSON ON HOW THE AMOUNT OF MONEY HE HAD ON HIM AND THE AMOUNT OF NARCOTICS DID NOT ADD UP. DEPUTY POLLARD TOLD DEFENDANT LAWSON THAT THERE SHOULD BE MORE NARCOTICS FOR THAT AMOUNT OF MONEY AND THAT HE BELIEVED THERE WAS MORE ELSEWHERE. AS DEFENDANT LAWSON SAW DEFENDANT ADAMS IN HANDCUFFS, BEING TRANSFERRED TO DEPUTY SEFFERN'S PATROL VEHICLE, DEFENDANT LAWSON SPONTANEOUSLY UTTERED TO DEPUTY POLLARD AND I ''THAT'S ALL, THERE IS NO MORE''. I CONDUCTED A DIGITALLY RECORDED INTERVIEW WITH DEFENDANT ADAMS WHO WAS SECURED IN THE REAR SEAT OF DEPUTY SEFFERN'S VEHICLE. I READ DEFENDANT ADAMS HER MIRANDA WARNING VIA AGENCY PREPRINTED CARD. DEFENDANT ADAMS ADVISED THAT SHE UNDERSTOOD HER RIGHTS AND STATED THAT SHE WOULD SPEAK WITH ME AT THIS TIME. SHE WAS ASKED ABOUT THE EVENTS OF THE EVENING, TO WHICH SHE STATED THAT SHE, DEFENDANT LAWSON, MS MCELRATH, AND THE CHILD DROVE TO AN UNKNOWN LOCATION, BUT THOUGHT IT WAS IN BROOKSVILLE, TO PURCHASE ''WEED AND DOPE''. I ASKED HER IF BY SAYING DOPE, DID SHE MEAN METHAMPHETAMINE, TO WHICH SHE STATED YES. DEFENDANT ADAMS ADVISED THAT DEFENDANT LAWSON HAD APPROXIMATELY $1,500.00 IN CASH AND THEY WERE GOING TO BUY THE NARCOTICS TO SELL AND MAKE MORE MONEY. SHE ADVISED AS THEY WERE DRIVING BACK TO INVERNESS, THE BAGGIE OF METHAMPHETAMINE WAS SITTING OUT NEAR THE CENTER CONSOL. SHE FIRST ADVISED THAT AS I WAS PULLING THEM OVER, SHE GRABBED THE BAGGIE, HANDED IT TO MS MCELRATH AND TOLD HER TO HIDE IT. SHE LATER ADVISED THAT SHE WAS INSTRUCTED BY DEFENDANT LAWSON TO DO SOMETHING WITH IT, AT WHICH TIME SHE GAVE IT TO MS MCELRATH. SHE WAS ADVISED THAT SHE WAS BEING ARRESTED AND BEING CHARGED WITH TRAFFICKING IN METHAMPHETAMINE, POSSESSION OF CANNABIS WITH THE INTENT TO SELL AND CRIMINAL CONSPIRACY. DEFENDANT ADAMS WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WHERE HER BOND WAS SET AT A TOTAL OF $53,000.00, PER THE BOND SCHEDULE. WHILE ON SCENE, THE CHILD'S GRANDMOTHER, MS SUSAN LANGE, ARRIVED AND TOOK CUSTODY OF HIM AND THE VEHICLE, WHICH BELONGED TO HER. THE DEPARTMENT OF CHILDREN AND FAMILIES WAS LATER CONTACTED IN REFERENCE TO THIS INCIDENT. I SPOKE WITH OPERATOR MARY 097 WHO ADVISED THAT A REPORT WOULD BE GENERATED. DEFENDANT LAWSON WAS PLACED UNDER ARREST FOR ARMED TRAFFICKING IN METHAMPHETAMINE, POSSESSION OF CANNABIS WITH INTENT TO SELL, AND CRIMINAL CONSPIRACY AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DEFENDANT LAWSONâS BOND WAS SET AT A TOTAL OF $53,000.00, PER THE BOND SCHEDULE. THE METHAMPHETAMINE AND CANNABIS WERE BOTH FIELD TESTED AND TESTED POSITIVE. THE NARCOTICS AND FIREARM WERE COLLECTED AND PACKAGED BY DEPUTY POLLARD AND TURNED IN TO EVIDENCE BY DEPUTY SEFFERN, SEE THEIR SUPPLEMENTS. I ISSUED DEFENDANT LAWSON A TRAFFIC WARNING NUMBER 361787B FOR UNLAWFUL SPEED. |
