| Probable cause affidavit: |
SUBMITTED BY: BERGEN, JOHN 0519 (AR13-6327) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B); 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 GLASS SMOKING PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B); ON 070413, AT APPROXIMATELY 1725 HOURS, I PULLED IN TO THE RACE TRAC GAS STATION, WHICH IS LOCATED AT 1001 NORTHEAST 5TH STREET, CRYSTAL RIVER. I OBSERVED A BLACK IN COLOR, MAZDA FOUR DOOR VEHICLE, WHICH WAS PARKED IN FRONT OF THE STORE. I OBSERVED THE DEFENDANT, MS BRANDY ALEXANDER HARRINGTON, TO ENTER THE DRIVERâS SIDE DOOR OF THE VEHICLE, AND DRIVE AWAY. AS SHE DID SO, I OBSERVED THAT THE PASSENGER, LATER IDENTIFIED AS DEFENDANT, MR JOSHUA FLEMING, WAS NOT WEARING A SEAT BELT. I THEN FOLLOWED THE BLACK MAZDA VEHICLE, BEARING FLORIDA LICENSE PLATE NUMBER AIEM59, AND OBSERVED AS IT FAILED TO STOP AT THE STOP SIGN FOR THE INTERSECTION OF NORTHEAST 10TH AVENUE AND NORTHEAST 5TH STREET. I ALSO OBSERVED AS DEFENDANT FLEMING THREW HIS CIGARETTE OUT OF THE WINDOW. AT THIS TIME, I INITIATED A TRAFFIC STOP ON THE VEHICLE, AT THE INTERSECTION OF NORTHEAST 5TH STREET AND NORTHEAST 8TH AVENUE. UPON APPROACHING THE VEHICLE, I FIRST MADE CONTACT WITH THE DRIVER, DEFENDANT HARRINGTON . I ADVISED HER OF THE REASONS FOR MY TRAFFIC STOP, AND REQUESTED HER DRIVER'S LICENSE. UPON RUNNING DEFENDANT HARRINGTONâS DRIVER'S LICENSE, IT WAS REVEALED THAT SHE HAD AN ACTIVE TAYLOR COUNTY WARRANT FOR HER ARREST. SHE WAS THEN REMOVED FROM THE VEHICLE AND PLACED UNDER ARREST, AND WAS HANDCUFFED, DOUBLE LOCKED, BEHIND HER BACK. I THEN READ DEFENDANT HARRINGTON HER MIRANDA WARNINGS, VIA A PREPRINTED AGENCY ISSUED CARD, AND ASKED HER IF SHE UNDERSTOOD HER RIGHTS, AND WHETHER SHE WANTED TO CONTINUE SPEAKING WITH ME AT THIS TIME. DEFENDANT HARRINGTON ADVISED THAT SHE DID UNDERSTAND, AND WOULD CONTINUE SPEAKING WITH ME. I ASKED HER WHETHER THERE WAS ANYTHING IN THE VEHICLE WHICH WAS ILLEGAL, TO WHICH SHE ADMITTED THAT THERE WAS CANNABIS IN THE POCKET OF DEFENDANT FLEMING, AND THAT IT BELONGED TO BOTH OF THEM. DEPUTY PHILLIPS THEN ARRIVED ON SCENE, AND CONDUCTED AN EXTERIOR SNIFF OF THE VEHICLE, UTILIZING HIS CANINE PARTNER KINO. DEPUTY PHILLIPS ADVISED THAT KINO HAD ALERTED TO THE ODOR OF NARCOTICS IN THE VEHICLE. DEFENDANT FLEMING WAS THEN REMOVED FROM THE VEHICLE, AND I CONDUCTED AN INTERIOR SEARCH OF THE VEHICLE. LOCATED IN THE CENTER CONSOLE WAS A MICKEY MOUSE METAL TIN CONTAINER. INSIDE OF THIS CONTAINER WAS A SMALL AMOUNT OF A GREEN LEAFY SUBSTANCE, WHICH BASED ON MY TRAINING AND EXPERIENCE, I RECOGNIZED TO BE CANNABIS . THIS TIN ALSO CONTAINED A SHORT, RED IN COLOR STRAW, AND A SMALL BLACK ZIPLOC BAG. THIS ZIPLOC BAG CONTAINED A SMALL AMOUNT OF A WHITE POWDERY SUBSTANCE. BASED ON MY TRAINING AND EXPERIENCE, I RECOGNIZED THIS TO BE COCAINE. I ALSO LOCATED IN THE PASSENGERâS SIDE DOOR A SMALL GLASS PIPE, COMMONLY ASSOCIATED WITH SMOKING CANNABIS. A SEARCH OF THE PASSENGER, DEFENDANT FLEMING, REVEALED A BAG OF A GREEN LEAFY SUBSTANCE IN HIS LEFT CARGO SHORT POCKET. BASED ON MY TRAINING AND EXPERIENCE, I RECOGNIZED THIS BE CANNABIS AS WELL. THE WHITE POWDERY SUBSTANCE WAS ALSO FIELD TESTED UTILIZING AN AGENCY ISSUED FIELD TEST KIT, AND YIELDED A POSITIVE RESULT FOR THE PRESENCE OF COCAINE. I THEN REINTERVIEWED DEFENDANT HARRINGTON. I ASKED HER ABOUT THE COCAINE WHICH HAD BEEN FOUND IN HER VEHICLE, AND SHE STATED THAT SHE HAD JUST PICKED IT UP EARLIER, AND HAD NOT YET PAID FOR IT. DEFENDANT HARRINGTON ADVISED THAT SHE HAD USED SOME EARLIER, AND THAT THE PASSENGER, DEFENDANT FLEMING, HAD ALSO USED THE COCAINE. DEPUTY NEAL THEN READ DEFENDANT FLEMING HIS MIRANDA WARNINGS, VIA A PREPRINTED AGENCY ISSUED CARD, AND ASKED HIM WHETHER HE UNDERSTOOD HIS RIGHTS, AND WISHED TO CONTINUE SPEAKING WITH HIM. DEFENDANT FLEMING ADVISED THAT HE DID UNDERSTAND HIS RIGHTS, AND WOULD CONTINUE SPEAKING WITH US AT THIS TIME. DEFENDANT FLEMING ADVISED THAT HE HAD NOT BEEN AWARE THAT THERE WAS COCAINE IN THE VEHICLE. HOWEVER, WHEN I ASKED DEFENDANT FLEMING TO LOOK UP, I COULD CLEARLY OBSERVE THAT THERE WAS A WHITE POWDERY RESIDUE IN HIS NOSTRILS. DEFENDANT FLEMING ADVISED THAT HE HAD KNOWN THAT THE BAG OF CANNABIS WAS IN HIS POCKET, STATING THAT HE HAD BEEN HOLDING IT FOR DEFENDANT HARRINGTON . DEFENDANT HARRINGTON WAS CHARGED WITH THE TAYLOR COUNTY WARRANT SEPARATELY; REFERENCE CITRUS COUNTY SHERIFF'S OFFICE ARREST NUMBER 13-6325. SHE WAS ALSO CHARGED WITH POSSESSION OF A CONTROLLED SUBSTANCE, POSSESSION OF LESS THAN TWENTY GRAMS OF CANNABIS, AND POSSESSION OF DRUG PARAPHERNALIA. SHE WAS SECURED IN THE REAR OF DEPUTY BLOTZâ VEHICLE, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. HER BOND WAS SET AT A TOTAL OF $6,000.00, PER THE BOND SCHEDULE. DEFENDANT FLEMING WAS THEN ADVISED THAT HE WAS BEING CHARGED WITH POSSESSION OF LESS THAN TWENTY GRAMS OF CANNABIS AND POSSESSION OF DRUG PARAPHERNALIA. HE WAS HANDCUFFED, DOUBLE LOCKED BEHIND HIS BACK, AND SECURED IN THE REAR OF MY VEHICLE, WHERE I THEN TRANSPORTED HIM TO THE CITRUS COUNTY DETENTION FACILITY TO FOR BOOKING AND PROCESSING. HIS BOND WAS SET AT A TOTAL OF $1,000.00, PER THE BOND SCHEDULE. ALL NARCOTICS AND PARAPHERNALIA WERE PACKAGED AND LATER TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION. THE CANNABIS FOUND IN THE CENTER CONSOLE WAS FOUND TO WEIGH 0.9 GRAMS, AND THE COCAINE WAS FOUND TO WEIGH 0.2 GRAMS . THE CANNABIS FOUND IN DEFENDANT FLEMINGâS POCKET WAS FOUND TO WEIGH 6.6 GRAMS . DEFENDANT HARRINGTON WAS ISSUED A CITRUS COUNTY SHERIFF'S OFFICE WRITTEN WARNING FOR THE TRAFFIC VIOLATIONS. |
