| Probable cause affidavit: |
SUBMITTED BY: ALEXANDER, DAWN 0561 (AR08104442) THE DEFENDANT DID VIOLATE FLORIDA STATE STATUTE 777.04, TO WIT: DEFENDANT WAS IN THE 800 BLOCK OF NORTHEAST FIRST STREET IN AN ATTEMPT TO PURCHASE CRACK COCAINE (AND) THE DEFENDANT WAS KNOWINGLY, WILLFULLY AND FELONIOUSLY IN THE ACTUAL OR CONSTRUCTIVE POSSESSION OF A CONTROLLED SUBSTANCE, TO WIT: HYDROCODONE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A) (AND) THE DEFENDANT 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 CRACK COCAINE, TO WIT: A GLASS CRACK PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ON 073108 I RESPONDED TO NORTHEAST FIRST STREET LOCATED IN CRYSTAL RIVER, FLORIDA IN REFERENCE TO A BATTERY WHICH HAD ALREADY OCCURRED. UPON MY ARRIVAL I MADE CONTACT WITH THE VICTIM IN THAT CASE, MR JOSEPH TORLISH. UPON MY SPEAKING WITH THE VICTIM IN THAT CASE HE STATED HE WAS IN THE AREA TO TOW A VEHICLE. MR TORLISH STATED HE HAD STOPPED TO ASK SEVERAL BLACK MALES IF THEY HAD SEEN A BROKEN DOWN VEHICLE. UPON ASKING MR TORLISH HIS STORY, HE GAVE THIS DEPUTY A DIFFERENT STORY SEVERAL TIMES. IT WAS AT THIS TIME DEPUTY BERGEN ASKED MR TORLISH IF HE COULD SEARCH THE VEHICLE DUE TO THE FACT IT HAD A BROKEN OUT WINDOW AND HIM BEING IN A KNOWN DRUG AREA. MR TORLISH ADVISED HE COULD SEARCH THE VEHICLE AND DEPUTY BERGEN BEGAN THE SEARCH AS I WAS ACQUIRING A WRITTEN STATEMENT FROM MR TORLISH AND HIS PASSENGER. DEPUTY BERGEN CALLED ME OVER TO THE VEHICLE AND SHOWED ME A GREEN CONTAINER CONTAINING A METAL BOX WHICH HAD A CLEAR PLASTIC BAGGIE WITH A WHITISH RESIDUE AND A GLASS PIPE WHICH IS USED FOR SMOKING CRACK. THIS WAS LOCATED ON THE DRIVER'S SIDE IN A CUBBY HOLE ON THE DASHBOARD. I SPOKE WITH MR TORLISH AND HIS PASSENGER SEPARATELY. MR TORLISH STATED IT WAS NOT HIS AND THAT HE WOULD TAKE A URINE TEST. DEPUTY DOYLE WAS CALLED TO THE SCENE AND READ MR TORLISH HIS MIRANDA WARNING. MR TORLISH DID CONSENT TO A URINE TEST BECAUSE HE ADVISED HE DID NOT SMOKE CRACK COCAINE, AND IS TRYING TO CLEAN HIS LIFE UP. UPON FURTHER SEARCHING THE VEHICLE, DEPUTY BERGEN DISCOVERED 23 BLUE PILLS IN A CLEAR PLASTIC BAGGIE ON THE CONSOLE ON MR TORLISH'S CLIPBOARD UNDER A STACK OF PAPERS BUT ABOVE THE METAL PART OF THE CLIPBOARD. THE PILLS WERE LATER IDENTIFIED PER THE DEFENDANT'S ADMISSION AS HYDROCODONE. THE PILL WAS AS BLUE OBLONG PILL THAT SAID M361 ON IT. THE DEFENDANT WAS PLACED UNDER ARREST FOR HAVING POSSESSION OF A CRACK PIPE AND THE 23 HYDROCODONE TABLETS. UPON ARRIVAL AT THE DETENTION FACILITY THE DEFENDANT STATED TO ME THAT HE NEEDED HELP AND HE WANTED TO COME CLEAN. I ADVISED THE DEFENDANT HE WAS STILL UNDER MIRANDA, AND HE STATED HE UNDERSTOOD, BUT STILL WANTED TO SPEAK WITH ME. HE STATED THAT HE HAD LIED TO ME EARLIER AND THAT HE AND HIS PASSENGER HAD GONE TO NORTHEAST 1ST STREET TO PURCHASE CRACK COCAINE. THE DEFENDANT ADVISED ME THAT HE SPENT OVER $30,000.00 ON CRACK COCAINE AND HAS LOST 125 POUNDS BECAUSE OF THE CRACK. HE STATED HE NEEDS HELP. HE STATED WHEN THEY GOT THERE SEVERAL BLACK MALES APPROACHED THE TOW TRUCK HE WAS DRIVING AND BEGAN TO NEGOTIATE A DEAL. HE STATED THAT AT THAT POINT THINGS WENT WRONG AND THE BLACK MALES STARTED THROWING FENCE POSTS AT HIS VEHICLE (SEE CASE 08071182). I ASKED THE DEFENDANT WHY HE WAS PURCHASING THE CRACK COCAINE, AND HE STATED HE HAD NOT SLEPT FOR THREE DAYS BECAUSE HE WAS ON A CRACK BINGE AND HE NEEDED HELP. THE DEFENDANT KEPT STATING TO ME THAT THE PILLS WERE NOT HIS AND THAT THEY WERE HIS FRIEND'S WHO HAD LEFT THEM IN HIS TRUCK. AT THAT POINT I ASKED IF HIS FINGERPRINTS WOULD BE ON THEM, AND HE SAID THEY WOULD BE BECAUSE HE HAD TOUCHED THE CLEAR PLASTIC BAG SEVERAL TIMES. I ASKED THE DEFENDANT ABOUT THE WHITE POWDERY RESIDUE LOCATED IN HIS VEHICLE AND THE CRACK PIPE, AND HE STATED HE DID NOT KNOW ANYTHING ABOUT IT. HE STATED HE HAS BEEN SMOKING CRACK, BUT THAT WAS NOT HIS CRACK PIPE OR STUFF IN THE TRUCK. I ASKED WHO ELSE DROVE THE TRUCK, AND HE STATED THAT HE WAS THE ONLY ONE WHO DROVE THAT TRUCK. THE DEFENDANT'S CHARGE OF CONSPIRACY TO OBTAIN A CONTROLLED SUBSTANCE WAS ADDED AFTER ARRIVAL AT THE DETENTION FACILITY. THE DEFENDANT'S TOTAL BOND WAS SET AT $6,500.00. *NOT-EXEMPT* |
