| Probable cause affidavit: |
SUBMITTED BY: MORAN, GREG 1246 (AR16-18119) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: THREE CLEAR PLASTIC BAGGIES CONTAINING CANNABIS, COMMONLY REFERRED TO MARIJUANA, WEIGHING APPROXIMATELY 28 GRAMS, 21.1 GRAMS AND 3.9 GRAMS FOR A TOTAL OF 53 GRAMS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). 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 CLEAR GLASS PIPE/BONG WITH CANNABIS RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 013116, I WAS DISPATCHED TO THE AREA OF WEST NORVELL BRYANT HIGHWAY/WEST GULF TO LAKE HIGHWAY IN CRYSTAL RIVER IN REFERENCE TO ASSISTING K-9 DEPUTY INDORATO (0712) ON A TRAFFIC STOP. UPON ARRIVAL ON SCENE, I WAS ADVISED BY K-9 DEPUTY INDORATO HE CONDUCTED A TRAFFIC STOP ON A WHITE CHEVROLET MALIBU BEARING FLORIDA LICENSE PLATE NUMBER ATWK10 FOR AN INOPERABLE HEADLAMP VIOLATION. SEE K-9 DEPUTY INDORATO'S SUPPLEMENT FOR FURTHER. K-9 DEPUTY INDORATO THEN DEPLOYED HIS CANINE PARTNER REPO FOR AN EXTERIOR SNIFF OF THE VEHICLE. K9 DEPUTY INDORATO ADVISED THAT HIS CANINE PARTNER REPO ALERTED ON THE VEHICLE. K-9 DEPUTY INDORATO COLLECTED IDENTIFICATION FROM BOTH OF THE SUBJECTS AND RAN BOTH SUBJECTS THROUGH FCIC/NCIC FOR WARRANTS AND WANTS AND DRIVER'S LICENSE STATUS. I APPROACHED THE DRIVER SIDE OF THE VEHICLE AND MADE CONTACT WITH THE DRIVER/DEFENDANT, MR JEROME GONSALVES, AND K-9 DEPUTY LABORDA (0735) APPROACHED THE PASSENGER SIDE OF THE VEHICLE AND MADE CONTACT WITH MR KYMANI BOSTICK. I ASKED THE DEFENDANT IF HE WOULD STEP OUT OF THE VEHICLE, WHICH HE COMPLIED. I THEN ASKED THE DEFENDANT IF HE HAD ANYTHING ON HIS PERSON THAT I NEEDED TO BE AWARE OF, WHICH HE ADVISED HE DID NOT. I THEN CONDUCTED A PAT DOWN SEARCH OF THE DEFENDANT FOR MY SAFETY AND HIS, WHICH YIELDED NEGATIVE RESULTS. AT THAT TIME, I CONDUCTED AN INTERIOR SEARCH OF THE VEHICLE AT WHICH TIME I LOCATED A BLACK HARD ROCK CAFÉ BAG IN THE BACK OF THE VEHICLE DIRECTLY BEHIND THE DRIVER'S SEAT HALFWAY UNDER THE SEAT. THE BLACK HARD ROCK CAFÉ BAG CONTAINED A SILVER/ALUMINUM DUNKIN DONUTS TWIST-OFF TOP CONTAINER THAT CONTAINED A PLASTIC WALMART BAG. INSIDE OF THE WALMART BAG, I LOCATED THREE CLEAR PLASTIC BAGGIES CONTAINING A GREEN LEAFY SUBSTANCE AND THROUGH MY TRAINING AND EXPERIENCE I BELIEVED TO BE CANNABIS. I ALSO LOCATED A CLEAR GLASS PIPE/BONG THAT WAS WRAPPED UP IN CLEAR BUBBLE WRAP THAT HAD A GREEN LEAFY SUBSTANCE RESIDUE INSIDE OF IT AND THROUGH MY TRAINING AND EXPERIENCE I BELIEVED TO BE CANNABIS RESIDUE. I THEN ASKED THE DEFENDANT IF HE KNEW WHOSE BAG IT WAS THAT WAS LOCATED DIRECTLY BEHIND HIS SEAT INSIDE OF HIS VEHICLE. HE STATED TO ME HE WAS UNSURE WHOSE BAG IT WAS. I LOCATED IN THE SAME BLACK BAG A MANILA FOLDER WITH SEVERAL PIECES OF PAPERWORK WITH THE PINELLAS COUNTY SHERIFF'S OFFICE LOGO AND ALSO THE NAME OF THE DEFENDANT. I ASKED THE DEFENDANT WHO THE FOLDER BELONGED TO AND HE ADVISED THE FOLDER WAS HIS BUT THE BAG AND CANNABIS WERE NOT HIS. I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST. I READ HIM HIS MIRANDA RIGHTS VIA AN AGENCY PREPRINTED CARD. HE DECLINED TO SPEAK WITH ME AT THAT TIME. THE DEFENDANT WAS THEN HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK, SEARCHED AND SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. K-9 DEPUTY INDORATO FIELD TESTED THE THREE CLEAR PLASTIC BAGGIES THAT CONTAINED THE GREEN LEAFY SUBSTANCE UTILIZING AN AGENCY APPROVED TEST KIT WHICH TESTED POSITIVE FOR CANNABIS. HE WEIGHED THE THREE CLEAR PLASTIC BAGGIES WHICH WEIGHED APPROXIMATELY 28 GRAMS, 21.1 GRAMS AND 3.9 GRAMS FOR A TOTAL OF 53 GRAMS. K-9 DEPUTY INDORATO ALSO FIELD TESTED THE GREEN LEAFY SUBSTANCE RESIDUE IN THE PIPE/BONG, WHICH ALSO TESTED POSITIVE FOR CANNABIS. K-9 DEPUTY INDORATO COLLECTED ALL NARCOTIC RELATED ITEMS, WHICH HE LATER TURNED IN TO EVIDENCE. THE DEFENDANT'S VEHICLE WAS RELEASED ON SCENE TO THE PASSENGER PER THE DEFENDANT'S REQUEST. THE DEFENDANT'S BOND WAS SET AT $2,000.00 FOR ONE COUNT OF POSSESSION OF CANNABIS OVER 20 GRAMS AND $1,000.00 FOR ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA FOR A TOTAL OF $3,000.00 PER THE BOND SCHEDULE. |
