| Probable cause affidavit: |
SUBMITTED BY: SUNDBERG, KURT 1268 (15-73954)(AR15-15301) DID UNLAWFULLY HAVE IN HIS/HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: APPROXIMATELY .15 GRAMS OF CRACK COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN HIS/HER 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: ONE GLASS CRACK PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.147(1). ON 060515, I RESPONDED TO DEPUTY LABORDAâS TRAFFIC STOP, LOCATED AT SOUTH EASTERN AND WEST ARSENIO COURT. UPON ARRIVAL I MADE CONTACT with DEPUTY LABORDA, WHERE HE ADVISED ME HE STOPPED THE 1997 FORD, FOUR DOOR, BEARING FLORIDA LICENSE PLATE, 493RDX, FOR DOING 44 MILES PER HOUR IN A 30 MILES PER HOUR ZONE. HE ADVISED HE WAS GOING TO ASK PERMISSION TO SEARCH the VEHICLE, TO WHICH HE DID. THE DRIVER OF THE VEHICLE WAS MS SAMANTHA EPP, THERE WAS ALSO TWO OTHER OCCUPANTS IN THE VEHICLE, THE FRONT PASSENGER, MR DAVID HODGE, AND IN THE REAR MR RONALD KLOPFENSTEIN. DEPUTY LABORDA OBTAINED CONSENT TO SEARCH the VEHICLE. AFTER SEARCHING HE ADVISED ME OF WHAT HE found THROUGH HIS TRAINING and EXPERIENCE TO BE CRACK COCAINE AND A CRACK PIPE, LOCATED IN A CIGARETTE PACK, IN THE DRIVER DOOR. IT should BE NOTED THAT THE DEFENDANT, MS SAMANTHA EPP, IS DEAF BUT SHE CAN READ LIPS. SHE WAS ADVISED OF HER MIRANDA RIGHTS AND WHY WE WERE ADVISING THEM, SHE THEN READ MIRANDA ON A PREPRINTED AGENCY CARD AND SHE ADVISED SHE WISHED TO SPEAK TO US. SHE WAS QUESTIONED IN REFERENCE TO WHAT DEPUTY LABORDA FOUND IN HER DRIVER SIDE DOOR, TO WHICH SHE ADVISED IT WAS THE REAR PASSENGERS AND HE HANDED IT TO her WHILE THEY WERE BEING PULLED OVER. CONTACT WAS MADE WITH THE REAR PASSENGER, MR RONALD KLOPFENSTEIN, HE ADVISED HE DID NOT PASS ANYTHING TO THE DRIVER AND THAT MS EPP TOOK THE PACK OUT OF HER POCKET AND STUCK IT IN THE DRIVER DOOR. CONTACT WAS ALSO MADE WITH MR HODGE, THE FRONT PASSENGER OF THE VEHICLE. HE ADVISED HE WAS IN THE VEHICLE AND HE CAN GUARANTEE HE DID NOT SEE MR KLOPFENSTEIN PASS ANYTHING TO THE DEFENDANT WHILE THEY WERE DRIVING. WHILE ON SCENE THE found ITEMS WERE TESTED AND WEIGHED BY DEPUTY LABORDA WHERE THE WHITE SUBSTANCE TESTED POSITIVE FOR COCAINE AND WEIGHED APPROXIMATELY .15 GRAMS. THE PIPE ALSO TESTED POSITIVE. THE ITEMS WERE COLLECTED BY K-9 DEPUTY LABORDA AND TURNED IN TO EVIDENCE BY HIM, SEE HIS SUPPLEMENT FOR FURTHER. THE DEFENDANT WAS PLACED UNDER ARREST BY ME AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, BY DEPUTY NOCELLA (724). UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY the DEFENDANTâS BOND WAS SET AT $2,000.00 FOR THE CONTROLLED SUBSTANCE AND $1,000.00 FOR THE PARAPHERNALIA. SHE WAS ISSUED WRITTEN, WARNING NUMBER 389344B FOR THE UNLAWFUL SPEED, BY DEPUTY LABORDA. NO FURTHER ACTION TAKEN BY THIS DEPUTY. SEE DEPUTY LABORDAâS SUPPLEMENT FOR FURTHER IN REFERENCE TO THIS CASE. |
