| Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0652 AR12124216 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: A MULTI COLORED GLASS SMOKING PIPE, IN VIOLATION OF THE FLORIDA STATE STATUTE 893.147(1). DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: DID HAVE A PLASTIC BAGGIE CONTAINING MARIJUANA AND A MARIJUANA CIGARETTE/BLUNT, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). ON 010212, AT APPROXIMATELY 1547 HOURS, WHILE CONDUCTING A SECURITY CHECK OF THE CITRUS SPRINGS AREA, I WAS PATROLLING THE AREA OF NORTH CITRUS SPRINGS BOULEVARD AND NORTH DELTONA BOULEVARD WHEN I BEGAN TO FOLLOW A WHITE NISSAN FOUR DOOR BEARING THE FLORIDA TAG NUMBER ATWJ36. WHILE PACING THE VEHICLE TRAVELING WEST ON NORTH CITRUS SPRINGS BOULEVARD AND REACHING A TOP SPEED OF 45 MPH IN A 35 MPH APPLICABLE ZONE, I THEN ACTIVATED MY EMERGENCY LIGHTS, AT WHICH TIME, THE VEHICLE TURNED SOUTH ON NORTH LENNOX DRIVE AND PULLED TO THE SHOULDER OF THE ROAD. I THEN EXITED MY PATROL VEHICLE AND APPROACHED THE VEHICLE ON THE DRIVER'S/DEFENDANT'S TWO SIDE, MR JEFFREY BIGELOW. WHILE APPROACHING, I COULD SMELL A HEAVY ODOR OF MARIJUANA OMITTING from the VEHICLE, WHICH I RECOGNIZED THROUGH MY TRAINING AND EXPERIENCE. I THEN ASKED THE DRIVER/DEFENDANT TWO, AND THE REAR SEAT PASSENGER TO EXIT THE VEHICLE. AT THAT TIME THEY WERE DETAINED IN HANDCUFFS (DOUBLE LOCKED) BEHIND THEIR BACKS. THE FRONT SEAT PASSENGER/DEFENDANT ONE, WAS THEN REQUESTED TO EXIT THE VEHICLE AND WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK. AFTER ALL WERE DETAINED, THEY WERE SEARCHED AND REQUESTED TO SIT ON THE GROUND BESIDE MY PATROL VEHICLE. UPON LOOKING INSIDE THE VEHICLE, A SMALL AMOUNT OF A GREEN LEAFY SUBSTANCE BELIEVED TO BE MARIJUANA WAS FOUND TO BE SPREAD OUT THROUGHOUT THE PASSENGER'S SIDE FLOORBOARD. ALSO ON THE PASSENGER'S SIDE FLOORBOARD WAS DEFENDANT ONE'S PURSE. SITTING AT THE TOP OF DEFENDANT ONE'S PURSE WAS A CLEAR PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE, A HALF SMOKED BLUNT CONTAINING A GREEN LEAFY SUBSTANCE, AND A MULTI COLORED GLASS SMOKING PIPE. A FURTHER SEARCH OF DEFENDANT ONE'S PURSE WAS CONDUCTED. A PURPLE METAL SMOKING PIPE WAS FOUND FURTHER DOWN IN THE PURSE AND INSIDE A BLACK ZIPPER STYLE POCKETBOOK WAS A CLEAR PLASTIC BAGGIE CONTAINING TWO ORANGE PILLS, LATER IDENTIFIED THROUGH POISON CONTROL TO BE XANAX .5 MILLIGRAMS. AS ALL OF THE CONTRABAND WAS BEING REMOVED FROM THE VEHICLE, DEFENDANT TWO UTTERED THAT ALL OF THE CONTRABAND WAS HIS AND THAT HE PUT IT IN DEFENDANT ONE'S PURSE AS THEY WERE BEING PULLED OVER. HOWEVER DEFENDANT ONE ADVISED THAT THE PURPLE SMOKING PIPE WAS HERS AND THAT IT WAS USED TO SMOKE MARIJUANA. DEFENDANT ONE WAS THEN PLACED in the REAR OF MY PATROL VEHICLE AND READ HER MIRANDA WARNING VIA PRE-PRINTED CARD. SHE ADVISED THAT SHE UNDERSTOOD HER RIGHTS AND DID WISH TO SPEAK WITH ME. SHE ADVISED THAT AS THEY WERE BEING PULLED OVER DEFENDANT TWO PUT THE BAGGIE OF MARIJUANA, THE GLASS SMOKING PIPE, AND THE HALF SMOKED BLUNT IN HER PURSE. SHE ADVISED THAT THE XANAX, BELONGED TO DEFENDANT TWO, AND THAT HE GAVE IT TO HER TO HOLD ON TO A COUPLE OF DAYS AGO. SHE WAS THEN PLACED UNDER ARREST FOR POSSESSION OF CONTROLLED SUBSTANCE AND PARAPHERNALIA. I THEN TOOK DEFENDANT ONE OUT OF MY PATROL VEHICLE AND PLACED DEFENDANT TWO IN THE REAR OF MY PATROL VEHICLE AND READ HIM HIS MIRANDA WARNING VIA PRE-PRINTED CARD. DEFENDANT TWO THEN REQUESTED NOT TO ANSWER ANY QUESTIONS AND TO SPEAK WITH HIS LAWYER. DEFENDANT TWO WAS PLACED UNDER ARREST FOR POSSESSION OF MARIJUANA LESS THAN 20 GRAMS AND POSSESSION OF DRUG PARAPHERNALIA. A DRIVER RELEASE FORM WAS COMPLETED AND SIGNED BY DEFENDANT ONE FOR THE VEHICLE TO BE RELEASED TO BEVERLY PADEN. ALL THE MARIJUANA FOUND WAS FIELD TESTED AND TESTED POSITIVE FOR MARIJUANA. BOTH DEFENDANTS WERE THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DEFENDANT ONE'S BOND WAS SET AT $5,500.00, PER THE BOND SCHEDULE. DEFENDANT TWO'S BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. ALL EVIDENCE/CONTRABAND WAS COLLECTED AND PACKAGED AND WAS TURNED OVER TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION LOCKER. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
