| Probable cause affidavit: |
SUBMITTED BY: BERRIOS, JUAN 0514 (AR09110062) UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: crack cocaine, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A) AND 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 LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B) ON 071809 AT APPROXIMATELY 0200 HOURS, I WAS TRAVELING SOUTHBOUND ON ROOSEVELT BOULEVARD WHEN I NOTICED A GOLD COLORED CHRYSLER TRAVELING NORTHBOUND ON ROOSEVELT BOULEVARD WITH INOPERABLE TAG LIGHTS. I COULD NOT SEE IF THE VEHICLE HAD A LICENSE PLATE SO I IMMEDIATELY TURNED MY PATROL VEHICLE AROUND AND CONDUCTED A TRAFFIC STOP ON THE CHRYSLER AT ROOSEVELT AND SOUTH OSCEOLA STREET IN BEVERLY HILLS. AS THE VEHICLE WAS COMING TO A STOP, I NOTICED THE DEFENDANT, WHO WAS SITTING IN THE REAR DRIVER SIDE PASSENGER SEAT, DROP A SMALL CLEAR BAGGIE OUT OF THE WINDOW. THE VEHICLE STOPPED APPROXIMATELY TWENTY FEET FROM WHERE THE BAGGIE HAD FALLEN. I CALLED FOR BACKUP AND, NEVER LOOSING SIGHT OF THE BAGGIE, I PICKED IT UP ONCE MY BACKUP ARRIVED. I IMMEDIATELY CALLED FOR THE DRIVER OF THE VEHICLE TO STEP OUT AND ADVISED HIM WHY I HAD CONDUCTED THE TRAFFIC STOP. I ALSO ADVISED THE DRIVER OF WHAT I HAD OBSERVED PRIOR TO THE STOP. THE DRIVER SAID HE MET THE DEFENDANT AND THE DEFENDANT'S GIRLFRIEND, WHO WAS THE FRONT SEAT PASSENGER, TONIGHT AT ROC'S 491. THE DRIVER STATED THEY ASKED HIM FOR A RIDE TO SUMMERFIELD WHICH HE PROVIDED TO THEM. HE SAID THEY WENT TO A BAR WHILE THERE and HE LOST SIGHT OF THE DEFENDANT AND DID NOT KNOW WHERE HE HAD GONE. AFTER A COUPLE OF HOURS THERE, THE DRIVER DROVE THE DEFENDANT AND the defendant'S GIRLFRIEND BACK TO THEIR HOUSE, AT WHICH TIME I CONDUCTED THE TRAFFIC STOP. HE SAID HE WAS NOT AWARE OF ANY DRUGS IN HIS VEHICLE AND I WAS MORE THAn WELCOME TO SEARCH IT. I MADE CONTACT WITH THE DEFENDANT AND EXPLAINED TO HIM WHAT I HAD SEEN. HE IMMEDIATELY DENIED IT, STATING IT WAS THE DRIVER. I THEN HAD THE DEFENDANT EXIT THE VEHICLE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHiCLE. ONcE IN MY PATROL VEhICLE, THE DEFENDANT TOLD ME TO ASK HIS GIRLFRIEND WHO DID THE DRUGS BELONG TO AND SHE WOULD TELL ME THAT IT BELONGED TO THE DRIVER. I ASKED THE FRONT SEAT PASSENGER AND SHE SAID SHE DID NOT KNOW WHO IT BELONGED TO AND DID NOT KNOW THERE WERE DRUGS IN THE VEHICLE. I TOLD THE DEFENDANT THAT MY IN-CAR VIDEO HAD RECORDED THE ENTIRE STOP AND THAT THE BAG which CONTAINED THE CRACK COCAINE WOULD BE SENT OFF FOR FINGERPRINTS. THE DEFENDANT OFFERED NO MORE COMMENTS AND WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. THE CRACK COCAINE WAS FIELD TESTED ON SCENE AND TESTED POSITIVE. IT WAS MULTIPLE ROCKS AND WHEN WEIGHED INSIDE OF THE CLEAR BAGGIE, WEIGHED ONE GRAM. THE DRUGS WERE PACKAGED AND LATER TURNED IN TO EVIDENCE. THE VIDEO WAS BURNED TO A DVD AND ALSO TURNED IN TO EVIDENCE. THE DRIVER AND FRONT SEAT PASSENGER WERE RELEASED ON SCENE. THE DRIVER WAS ISSUED A WRITTEN WARNING FOR FAULTY EQUIPMENT, INOPERABLE TAG LIGHT. the defendant's bond was set at A TOTAL OF $2,500.00, per the bond schedule. WHILE AT THE DETENTION FACILITY, I INVENTORIED THE DEFENDANT'S WALLET AND LOCATED, WRAPPED INSIDE OF A TEN DOLLAR BILL, A LOOSE GREEN LEAFY SUBSTANCE WHICH WAS FIELD TESTED AND TESTED POSITIVE FOR MARIJUANA. THE WALLET WAS RETURNED TO THE DEFENDANT. THE TEN DOLLAR BILL AND THE MARIJUANA WERE SEIZED AND TURNED IN TO EVIDENCE. A PROPERTY RECEIPT WAS COMPLETED WHICH THE DEFENDANT WOULD NOT SIGN *NOT-EXEMPT* |
