| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR15-14511) 1363 DID, WITHOUT BEING DULLY AUTHORIZED BY THE SHERIFF OR BY THE OFFICER IN CHARGE, UNLAWFULLY INTRODUCE INTO OR POSSESS UPON THE GROUNDS OF A COUNTY DETENTION FACILITY, (CITRUS COUNTY DETENTION FACILITY) AN ARTICLE DECLARED TO BE CONTRABAND, TO-WIT: TOBACCO, WHILE SAID SUBJECT WAS AN INMATE OF SAID FACILITY, IN VIOLATION OF FLORIDA STATUTE 951.22. ON 040815, AT APPROXIMATELY 1140 HOURS, I MADE CONTACT WITH THE SUSPECT, MR HUGO FIORE, AT THE CITRUS COUNTY COURT HOUSE, IN INVERNESS, WHERE HE WAS BROUGHT INTO CUSTODY WHILE IN COURT ON A WRIT ORDERED BY THE COURT. WHEN I TOOK THE SUSPECT INTO CUSTODY, PRIOR TO LEAVING THE COURT ROOM, I ASKED HIM IF THERE WAS ANYTHING IN HIS POSSESSION THAT HE NEEDED TO GIVE TO ANYONE IN THE COURT ROOM, OR THROW AWAY PRIOR TO BEING BROUGHT INTO THE HOLDING CELLS. MR FIORE, ADVISED NO, AND THAT HE KNEW HE WAS GOING TO JAIL, AND THE ONLY THING HE HAD WAS A PIECE OF PAPER IN HIS RIGHT FRONT POCKET. WHILE IN THE SECURE AREA, BEHIND THE COURT ROOM I DID A CURSORY PAT DOWN, WHILE FINDING THE PAPERS IN HIS POCKET. I ASKED HIM AGAIN IF THERE WAS ANYTHING ON HIM THAT HE WAS NOT SUPPOSED TO HAVE, AND IF SO TO GET RIDE OF IT PRIOR TO BEING HELD IN THE HOLDING CELLS, BECAUSE BRINGING ANYTHING INTO THE FACILITY WOULD BE A NEW CHARGE. MR FIORE ADVISED HE DID NOT HAVE ANYTHING EXCEPT THE PAPERS. I PROCEEDED TO CONDUCT A COMPLETE PHYSICAL SEARCH OF THE SUSPECT BY HAND, AND HAD HIM REMOVE HIS SOCKS AND BLACK BOOTS, AND TURN THE SOCKS INSIDE OUT. I SEARCHED HIS BOOTS, BUT I DID NOT PULL OUT THE INSIDE FOOT LINERS, AFTER FINDING NOTHING I SECURED THE SUSPECT IN HOLDING CELL 12. AFTER APPROXIMATELY 1400 HOURS, SERGEANT BEIDENSTEIN, FROM THE CORRECTIONS CORPORATION OF AMERICA, MADE CONTACT WITH THE SUSPECT AT THE HOLDING CELL IN ORDER TO SECURE HIM IN THEIR CUFFS AND SHACKLES, FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. THE SERGEANT SEARCHED THE SUSPECT AND DID FIND IN HIS RIGHT BOOT, SECURED UNDER THE INSIDE LINER, A ONE AND A HALF INCH BY THREE INCH ZIP LOCK PLASTIC BAGGY, FILLED WITH TOBACCO. THE SERGEANT NOTIFIED ME OF HER FINDINGS, AND I RESPONDED BACK TO THE HOLDING CELL, AND TOOK THE BAGGY FROM HER. I OBSERVED THAT THE BAGGY WAS NEW AND NOT WORN OUT, THERE WERE NO HOLES. THE BAGGY WAS COMPLETELY ZIP LOCK SECURED AND THE TOBACCO HAD A STRONG ODOR INDICATING THAT IT WAS NOT OLD. I ADVISED HER THAT I DID SEARCH THE SUSPECT PRIOR TO SECURING HIM IN THE HOLDING CELLS AND I WOULD BE CHARGING HIM WITH A NEW CHARGE. I SECURED THE SUSPECT IN THE BACK OF MY PATROL VEHICLE, WHERE I ADVISED THE DEFENDANT OF HIS MIRANDA RIGHTS, AND SPEAKING WITH MR FIORE HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND PROCEEDED TO TELL ME HE FORGOT THE BAGGY OF TOBACCO WAS IN HIS BOOT UNDER HIS LINER. I ADVISED THE SUSPECT I WOULD BE ARRESTING HIM ON THE NEW CHARGE WHERE HE ADVISED ME THAT HE WAS GOING TO BE DOING APPROXIMATELY 60 DAYS. I TRANSPORTED THE DEFENDANT TO CITRUS COUNTY DETENTION FACILITY FOR PROCESSING UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY. I ALSO SECURED THE BOOTS TO TURN THEM IN TO EVIDENCE. THE BOND WAS SET AT $2,000.00 PER THE LISTED FELONY CHARGE. |
