| Probable cause affidavit: |
SUBMITTED BY: TACKETT, MIKEL 0383 (AR07004155) did, knowing HIS driver's license or driving privilege had been cancelled, suspended or revoked, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.34(2)(a). ON 072707 AT APPROXIMATELY 1949 HOURS, WHILE TRAVELING EASTBOUND ON WEST OAKLAWN STREET, I OBSERVED THE DEFENDANT, MR DAVID KESICKI TRAVELING WESTBOUND ON WEST OAKLAWN STREET. THE DEFENDANT IS KNOWN TO THIS DEPUTY TO HAVE A SUSPENDED DRIVER'S LICENSE REFERENCE DRIVING WHILE UNDER THE INFLUENCE (DUI), SUSPENDED ON 061507, AS WELL, AS TWO SUSPENSIONS SHOWING IN THE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES (DHSMV) ON 012907, BOTH FOR FAILURE TO PAY TRAFFIC FINE. THE DEFENDANT IS ALSO KNOWN TO THIS DEPUTY AND OTHERS TO DRIVE A WHITE FORD PICK-UP WORK TRUCK FOR THE COMPANY OF J. KOKOLAKIS CONTRACTING INCORPORATED AND THAT THE NAME OF THE COMPANY SHOWS ON BOTH THE DRIVER AND PASSENGER SIDES OF SAID VEHICLE. UPON OBSERVING THE DEFENDANT DRIVING THE AFOREMENTIONED VEHICLE AS HE PASSED MY PATROL VEHICLE, I ACTIVATED MY OVERHEAD LIGHTS AND BEGAN TO TURN AROUND AS THE DEFENDANT WAS OBSERVED TO CONTINUE TO TRAVEL WESTBOUND ON WEST OAKLAWN STREET. I OBSERVED THE VEHICLE TO CONTINUE TRAVELING AND APPROACH THE INTERSECTION OF SOUTH ORWELL POINT WHERE THE DEFENDANT WAS OBSERVED TO MAKE A RIGHT HAND TURN FAILING TO SIGNAL ONTO THE ROAD AND DRIVE RAPIDLY. THE DEFENDANT WAS THEN OBSERVED TO TURN INTO THE FRONT YARD OF 5067 SOUTH ORWELL POINT. IT SHOULD BE NOTED THAT DESPITE THE LARGE AMOUNT OF DUST CAUSED BY THE DEFENDANT'S EXCESSIVE SPEED I WAS ABLE TO MAINTAIN A VISUAL OF THE VEHICLE. AS THE DEFENDANT ENTERED INTO THE YARD HE ATTEMPTED TO STOP, HOWEVER SLID ON THE GRASS OF THE YARD NEARLY COLLIDING WITH A SMALL GROUP OF OAK TRESS WHERE HIS VEHICLE'S RIGHT FRONT TIRE CAME TO REST ON TOP OF A GROUP OF GARDEN BRICKS. AS I ENTERED THE YARD IN MY PATROL VEHICLE THE DEFENDANT WAS OBSERVED TO BE EXITING THE VEHICLE LOOKING TOWARDS THE ROADWAY, HOWEVER NOT OBSERVING THIS DEPUTY STOPPING HIS VEHICLE TO LEFT OF HIM. UPON EXITING MY PATROL VEHICLE TO MAKE CONTACT WITH THE DEFENDANT HE MADE THE STATEMENT "I WASN'T TRYING TO RUN FROM YOU." AT THAT TIME, I INFORMED THE DEFENDANT THAT HIS DRIVER'S LICENSE WAS SUSPENDED AND HAD SHOWN SUSPENDED WHEN THIS DEPUTY RAN IT ONE HOUR PRIOR. THE DEFENDANT NODDED, AT WHICH TIME, HE WAS REQUESTED TO PLACE HIS HANDS BEHIND HIS BACK WHERE HE WAS HANDCUFFED (DOUBLE-LOCKED). THE DEFENDANT WAS READ HIS MIRANDA RIGHTS VIA PRE PRINTED CARD AND WAS ASKED WHY HE WAS DRIVING HAVING KNOWLEDGE THAT HE HAD NO DRIVER'S LICENSE. THE DEFENDANT ADVISED THAT HE WAS ON HIS WAY TO A RESTAURANT TO PURCHASE FOOD. THE DEFENDANT WAS ASKED IF HE KNEW THE INDIVIDUALS WHO RESIDED IN THE RESIDENCE WHERE HE HAD STOPPED HIS VEHICLE, TO WHICH HE STATED HE DID NOT. I THEN MADE CONTACT WITH THE INDIVIDUALS INSIDE THE RESIDENCE, WHO ADVISED THAT THEY HAD NO KNOWLEDGE OF WHO THE DEFENDANT WAS. THEY WERE ASKED TO INSPECT THE GARDEN BRICKS WHICH THE DEFENDANT HAD DRIVEN UPON IN REFERENCE TO ANY DAMAGE TO THEIR PROPERTY. THEY ADVISED THAT NO DAMAGE HAD BEEN CAUSED. UPON ARRIVAL OF CORPORAL PARSONS REFERENCE TRANSPORT, THE DEFENDANT WAS SEARCHED AND SECURED IN THE REAR SEAT OF CORPORAL PARSONS' PATROL VEHICLE. AT THAT TIME, K-9 PRIEST WAS DEPLOYED FROM MY PATROL VEHICLE IN REFERENCE TO A K-9 SNIFF OF THE DEFENDANT'S WHICH BEGAN AT THE REAR CENTER BUMPER CONTINUING COUNTER CLOCKWISE AROUND THE VEHICLE. UPON REACHING THE DRIVER'S SIDE DOOR K-9 PRIEST MADE A PHYSICAL ALERT PLACING HIS FRONT PAW ON THE VEHICLE'S DOOR. K-9 PRIEST WAS THEN RE-SECURED IN THE REAR OF MY PATROL VEHICLE. A SEARCH OF THE VEHICLE REVEALED NO NARCOTICS, DRUGS OR RESIDUE; HOWEVER A BLUE FIREPROOF CENTURY LOCKBOX WAS LOCATED AND FOUND TO BE LOCKED. CONTACT WAS MADE WITH THE DEFENDANT, WHO ADVISED THAT THE LOCKBOX BELONGED TO HIS SON AND BELIEVED THAT HE BOX SHOULD BE EMPTY. THE DEFENDANT STATED THAT HE COULD NOT ADVISE AS TO WHERE A KEY WOULD BE LOCATED FOR THE BOX. BASED ON K-9 PRIEST PHYSICAL ALERT AND FAILURE TO LOCATE VERIFICATION FOR HIS ALERT THE LOCKBOX WAS REMOVED FROM THE VEHICLE AND PLACED ON THE DRIVEWAY. ALSO REMOVED FROM THE VEHICLE AND PLACED ON THE DRIVEWAY IN THE AREA OF THE LOCKBOX WERE TWO LARGE THREE RING BINDERS, AN EMPTY BEER BOX, A LEATHER FOLDER AND LARGE PLASTIC PART AS ONE TIME USED TO HOLD THE JACK FOR THE VEHICLE. K-9 PRIEST WAS AGAIN DEPLOYED FROM MY PATROL VEHICLE WHERE HE CONDUCTED A SNIFF OF THE SIX ITEMS LAID OUT. UPON REACHING THE BLUE LOCKBOX K-9 PRIEST WAS OBSERVED TO MAKE A PHYSICAL ALERT ON THE BOX AS AN INDICATION FOR THE ODOR OF NARCOTICS OR DRUGS. CONTACT WAS MADE WITH ON CALL STATE ATTORNEY RICH BUXMAN, WHO ADVISED TO SEIZE THE BOX, TURN IT IN TO EVIDENCE AND ATTEMPT TO SECURE A WARRANT TO ENTER THE BOX. THE ITEMS WERE PLACED BACK INTO THE VEHICLE AND THE LOCKBOX WILL BE TURNED IN TO EVIDENCE. THE DEFENDANT WAS PLACED UNDER ARREST AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION, NUMBER 1562-ECH, FOR KNOWINGLY DRIVING WHILE LICENSE SUSPEND, WITH A MANDATORY OF 081607 AT1315 HOURS. THE DEFENDANT WAS ALSO ISSUED WARNING CITATION, NUMBER 193924B, FOR FAILING TO SIGNAL WHILE MAKING A RIGHT HAND TURN. THE VEHICLE WAS TOWED BY ALL PRESTIGE TOWING. *NOT-EXEMPT* |
