| Probable cause affidavit: |
\tSUBMITTED BY: LAHERA, ANDRES 0673 (AR13-8490) \tdid unlawfully and knowingly attach to a motor vehicle or mobile home, to-wit: DEFENDANT TOOK A LICENSE PLATE FROM A VEHICLE THAT HAD BEEN TOTALED AND ATTACHED TO HIS OWN VEHICLE, a license plate or validation sticker to the plate not issued and assigned or lawfully transferred to such vehicle, in violation of Florida Statute 320.261. DID KNOWINGLY OPERATE, ON THE ROADS OF THIS STATE, A VEHICLE THAT HAD NOT BEEN REGISTERED, IN VIOLATION OF FLORIDA STATE STATUTE 320.02(1) 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: DEFENDANT DID HAVE IN HIS CONSTRUCTIVE POSSESSION A HYPODERMIC NEEDLE AND ON HIS PHYSICAL POSSESSION A BENT UP SPOON WITH ELECTRICAL TAPE, WHICH HAD BURN MARKS AND RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ON 122613, WHILE CONDUCTING PATROL AT THE WALMART PARKING LOT IN LECANTO, I OBSERVED THE VEHICLE WHICH WAS LATER IDENTIFIED AS THE DEFENDANTâS VEHICLE, BEARING FLORIDA LICENSE PLATE DMR5N. WHILE RUNNING THIS LICENSE PLATE THROUGH âDAVIDâ AND TELETYPE, THE LICENSE PLATE DID NOT COME BACK TO A VEHICLE AND SHOWED A PAST OWNER OF MS DEBORAH JEAN BOWMAN. BEING THAT I WAS IN AN UNMARKED VEHICLE WITH NO LIGHTS, I MADE CONTACT WITH DEPUTY CASALVIERI AND ADVISED HIM OF OUR LOCATION AND THAT THE VEHICLE HAD A LICENSE PLATE NOT ASSIGNED AND WAS BEING DRIVEN AROUND UNREGISTERED. AT THAT TIME, DEPUTY CASALVIERI WAS ABLE TO LOCATE THE VEHICLE, WHERE HE CONDUCTED A TRAFFIC STOP ON LEE STREET NEAR BEVERLY HILLS BOULEVARD. I THEN HAD THE DEFENDANT, MR JAMES STOKES, STEP OUT OF THE VEHICLE AND ASKED HIM FOR HIS DRIVER'S LICENSE AND REGISTRATION. HE ADVISED THAT THE VEHICLE WAS NOT REGISTERED AND THE LICENSE PLATE CAME OFF OF HIS MOTHERâS MUSTANG, WHICH HAD BEEN TOTALED. HE FURTHER STATED THAT HE PUT THE LICENSE PLATE ON THE VEHICLE TO TEST DRIVE IT AROUND THE BLOCK. I THEN QUESTIONED EXACTLY WHERE HE WAS COMING FROM, WHERE HE POINTED TO THE NEXT STREET OVER AND ADVISED THAT HE ONLY DROVE IT AROUND THE BLOCK. I KNEW THAT THIS WAS NOT TRUE, BECAUSE I HAD VISUAL CONTACT WITH THE VEHICLE AT THE LECANTO WALMART AND THROUGH OUT BEVERLY HILLS UNTIL THE TRAFFIC STOP WAS INITIATED. I THEN QUESTIONED THE DEFENDANT IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE THAT I SHOULD BE AWARE OF, SUCH AS: FIREARMS, KNIVES, BOMBS, DEAD BODIES OR DRUGS, WHERE THE DEFENDANT STATED NO. I THEN ASKED IF THERE WERE ANY NEEDLES OR ANYTHING THAT MIGHT POKE ME OR STICK ME IN THE VEHICLE, WHERE HE ALSO STATED NO. I THEN QUESTIONED THE DEFENDANT IF HE MINDED IF I SEARCHED THE VEHICLE AND LOOKED THROUGH IT, WHERE HE STATED THAT HE DID NOT. I THEN CONDUCTED A SEARCH OF THE VEHICLE, WHERE I WAS ABLE TO LOCATE A HYPODERMIC NEEDLE, WHICH WAS CONCEALED IN THE CENTER OF HIS DASH THROUGH A HOLE WHERE A RADIO USED TO BE, UNDERNEATH A WHITE CRUMPLED UP PIECE OF PAPER. WHILE SEARCHING THE VEHICLE, I WAS ALSO ABLE TO LOCATE IN THE CENTER CONSOLE UNDERNEATH A SODA CAN, A SMALL PIECE OF A CIGARETTE FILTER, WHICH I KNOW THROUGH MY TRAINING AND EXPERIENCE, IS USED TO FILTER OUT DRUGS BY INTRAVENOUS NEEDLE USERS. I THEN ASKED IF I COULD SEARCH THE DEFENDANTâS PERSON AND ASKED IF HE HAD ANYTHING ON HIM WHICH WOULD STICK ME OR POKE ME, WHERE HE STATED NO AND I COULD SEARCH HIM. AT THAT TIME, I LOCATED IN THE RIGHT FRONT POCKET OF HIS JEANS, A SMALL SPOON WITH THE HANDLE BENT IN AN UPWARD MOTION SURROUNDED WITH ELECTRICAL BLACK TAPE. THERE WERE ALSO BURN MARKS ON THE BOTTOM OF THE SPOON AND WHITE RESIDUE ON THE TOP OF THE SPOON. I THEN QUESTIONED WHY HE HAD THIS ITEM IN HIS POCKET, WHERE HE STATED THAT HE KEPT IT AS A REMINDER TO NOT DO DRUGS ANYMORE. I THEN TESTED A SMALL PIECE OF THE CIGARETTE FILTER, WHICH INSTANTLY TESTED POSITIVE FOR METHAMPHETAMINE. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK AND SECURED IN THE REAR OF DEPUTY CASALVIERIâS PATROL VEHICLE. AT THAT TIME, I READ THE DEFENDANT HIS MIRANDA RIGHTS VIA PREPRINTED AGENCY ISSUED CARD. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD. I QUESTIONED WHERE THE NEEDLE CAME FROM, WHY DID THE FILTER TEST POSITIVE FOR METHAMPHETAMINE AND IF HE HAD ATTACHED THE LICENSE PLATE KNOWINGLY TO THE VEHICLE. HE STATED THAT HE DID KNOW THE NEEDLE WAS IN THE VEHICLE AND IT WAS LOCATED ON THE FLOOR OF THE VEHICLE WHEN WE ATTEMPTED TO STOP HIS VEHICLE. HE THEN THREW IT IN THE CENTER OF THE DASH TO CONCEAL IT. I ASKED WHY THE CIGARETTE FILTER TESTED POSITIVE FOR METHAMPHETAMINE AND HE STATED THAT HE DID NOT KNOW. HE STATED THAT HE DID NOT DO METHAMPHETAMINE AND HE ONLY SHOOTS UP HIS PILLS. I THEN QUESTIONED IF HE TOOK A DRUG TEST WOULD HE TEST POSITIVE FOR METHAMPHETAMINE AND HE STATED YES, BECAUSE I HAVE SMOKED IT BEFORE BUT IT DOES NOT AGREE WITH ME. I THEN ASKED HIM WHERE THE LICENSE PLATE CAME FROM AND HE STATED THAT IT BELONGED TO HIS MOTHERâS MUSTANG, WHICH HIS GIRLFRIEND TOTALED. HE STATED THAT BEFORE REGISTERING THE VEHICLE, HE PUT THE LICENSE PLATE ON THE VEHICLE SO THAT HE COULD DRIVE IT AND MAKE SURE THAT IT RAN RIGHT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. ALL EVIDENCE WAS PACKAGED AND LATER TURNED IN TO EVIDENCE. THE DEFENDANT WAS CHARGED WITH TWO COUNTS OF POSSESSION OF DRUG PARAPHERNALIA, WITH A BOND SET AT $500.00, HE WAS CHARGED WITH VEHICLE NOT REGISTERED ,WITH A BOND SET AT $250.00 AND CHARGED WITH ATTACH LICENSE PLATE TO VEHICLE NOT ASSIGNED, WITH A BOND SET AT $250.00. THE DEFENDANTâS TOTAL BOND WAS SET AT $1,500.00, PER THE BOND SCHEDULE. |
