| Probable cause affidavit: |
SUBMITTED BY: HINDERHOFER, EDWARD 0667 (AR12-3283) THE DEFENDANT DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO-WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, WITH THE INTENT TO SELL THE SAID SUBSTANCE TO ANOTHER PERSON, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(1) AND THE DEFENDANT DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, OBJECTS INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, SAID OBJECTS BEING A PIPE, A BROWN PLASTIC CONTAINER, PLASTIC BAGGIES AND RUBBER BANDS, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1) ON 102512 AT APPROXIMATELY 2210 HOURS, CANINE DEPUTY VIGGIANO AND I WERE AT THE RACE TRAC GAS STATION ON HIGHWAY 19 IN CRYSTAL RIVER WHEN WE OBSERVED A GRAY AUDI EXIT THE PARKING LOT TRAVELING NORTHBOUND ON US HIGHWAY 19. THE HEADLIGHTS ON THE AUDI WERE A PURPLISH COLOR WHICH IS A VIOLATION OF FLORIDA STATUTE 316.220. CANINE DEPUTY VIGGIANO CONDUCTED A TRAFFIC STOP AT 726 SOUTHEAST HIGHWAY 19 IN CRYSTAL RIVER. UPON MAKING CONTACT WITH THE DRIVER/DEFENDANT ONE, MR TREVOR RYAN PARK, CANINE DEPUTY VIGGIANO DETECTED THE ODOR OF WHAT HE BELIEVED TO BE MARIJUANA. PRIOR TO CANINE DEPUTY VIGGIANO ASKING THE DRIVER FOR HIS DRIVERâ S LICENSE AND THE VEHICLE REGISTRATION, THE DRIVER STATED âI KNOW, MY HEADLIGHTS ARE THE WRONG COLOR.â CANINE DEPUTY VIGGIANO ASKED DEFENDANT PARK IF HE HAD ANYTHING ILLEGAL IN HIS VEHICLE, SUCH AS DRUGS OR WEAPONS, TO WHICH DEFENDANT PARK REPLIED THAT HE HAD A PIPE WHICH HE AND HIS GIRLFRIEND/PASSENGER/DEFENDANT TWO, MS GABRIELLE APRIL SARAH MCNESBY, USED TO SMOKE MARIJUANA. CANINE DEPUTY VIGGIANO AND CANINE CONAN THEN CONDUCTED AN EXTERIOR SNIFF OF THE VEHICLE, AT WHICH TIME CANINE CONAN DID ALERT. SEE CANINE DEPUTY VIGGIANOâS SUPPLEMENT FOR FURTHER INFORMATION. I ASKED DEFENDANT MCNESBY TO EXIT THE VEHICLE AND ASKED HER IF SHE HAD ANYTHING ILLEGAL ON HER PERSON, SUCH AS DRUGS OR WEAPONS, TO WHICH SHE STATED SHE DID NOT AND ADVISED THAT I COULD SEARCH HER. DEFENDANT MCNESBY WAS SUBSEQUENTLY SEARCHED AND NO CONTRABAND WAS LOCATED ON HER PERSON. I ASKED DEFENDANT PARK TO EXIT THE VEHICLE AND ASKED HIM IF HE HAD ANYTHING ILLEGAL ON HIS PERSON, SUCH AS DRUGS OR WEAPONS, TO WHICH HE STATED HE DID NOT AND ADVISED THAT I COULD SEARCH HIM. AFTER A SEARCH OF HIS PERSON, IT WAS FOUND THAT DEFENDANT PARK DID NOT HAVE ANY CONTRABAND ON HIS PERSON. I THEN ASKED DEFENDANT PARK IF HE HAD ANYTHING ILLEGAL IN THE VEHICLE, OTHER THAN THE PIPE HE HAD PREVIOUSLY PRODUCED, TO WHICH HE REPLIED THERE WERE SOME âROACHESâ IN THE ASHTRAY. WHILE SEARCHING THE PASSENGER COMPARTMENT OF THE AUDI, I LOCATED A BROWN PLASTIC CONTAINER UNDERNEATH THE PASSENGER SIDE FLOOR MAT. LOCATED INSIDE THIS BROWN PLASTIC CONTAINER WERE TWO PLASTIC BAGS CONTAINING A GREEN LEAFY SUBSTANCE WHICH , THROUGH MY TRAINING AND EXPERIENCE, I BELIEVED TO BE MARIJUANA. ALSO INSIDE THE BROWN PLASTIC CONTAINER WERE SEVERAL LOOSE PIECES OF MARIJUANA AND OTHER PARAPHERNALIA, TO INCLUDE: SCISSORS, A STRAW, A SMALL PLASTIC BAGGIE CONTAINING RUBBER BANDS AND A PAPER CLIP. LOCATED IN THE AUDIâS CENTER CONSOLE WAS EIGHT HUNDRED FIFTY DOLLARS ($850.00) IN US CURRENCY SECURED BY A RUBBER BAND AS WELL AS ADDITIONAL RESIDUE OF MARIJUANA. LOCATED ON THE PASSENGER SIDE DOOR WERE TWO PLASTIC ZIPLOC BAGS CONTAINING WHAT APPEARED TO BE MARIJUANA RESIDUE AND AN ELECTRONIC SCALE. AT THAT TIME, I APPROACHED DEFENDANT MCNESBY AND SHOWED HER THE BROWN PLASTIC CONTAINER I HAD LOCATED WHICH CONTAINED THE MARIJUANA. I ASKED HER IF THE BROWN PLASTIC CONTAINER AND THE MARIJUANA BELONGED TO HER, TO WHICH SHE REPLIED âYES.â I ASKED HER WHY SHE WAS NOT HONEST WITH ME, TO WHICH SHE REPLIED THAT SHE KNEW IT WAS A LARGE AMOUNT AND THAT SHE DID NOT WANT TO GET IN TROUBLE. AT THAT TIME, DEFENDANT MCNESBY WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. I SPOKE WITH DEFENDANT PARK AND SHOWED HIM ALL OF THE CONTRABAND I HAD LOCATED. I ASKED HIM WHAT BELONGED TO HIM, TO WHICH HE REPLIED THE SCALE WAS HIS AND THAT THE PIPE AND THE ROACHES BELONGED TO BOTH HIM AND DEFENDANT MCNESBY. I ASKED HIM WHAT HE USED THE SCALE FOR, TO WHICH HE REPLIED THAT HE USED IT TO WEIGH HIS MARIJUANA SO HE âDOES NOT GET RIPPED OFF.â DEFENDANT PARK WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF DEPUTY B HESSEâS PATROL VEHICLE. BOTH DEFENDANTS WERE READ THEIR MIRANDA WARNINGS FROM A PREPRINTED AGENCY CARD, TO WHICH THEY BOTH STATED THEY UNDERSTOOD THEIR RIGHTS AND AGREED TO SPEAK WITH US. WHILE SPEAKING WITH DEFENDANT PARK, I ASKED HIM WHAT HE WOULD LIKE TO HAVE DONE WITH HIS VEHICLE, TO WHICH HE ADVISED THAT WE COULD LEAVE IT WITH HIS FRIEND/WITNESS, MR TYLER âBOOGERâ BARTLETT, WHO THEY HAD BEEN COMING TO SEE. DEFENDANT PARK ADVISED THAT WITNESS BARTLETT WORKS AT THE PALACE INTERNET café WHICH HAPPENED TO BE LOCATED IN THE SAME SHOPPING PLAZA WHERE THIS TRAFFIC STOP WAS CONDUCTED. DEPUTY HESSE MADE CONTACT WITH WITNESS BARTLETT AND ASKED HIM IF THE DEFENDANTS WERE MEETING HIM TO SELL HIM MARIJUANA, TO WHICH HE REPLIED THEY WERE. WITNESS BARTLETT ADVISED THAT HE WAS PLANNING TO PURCHASE TWENTY-EIGHT GRAMS AND THAT HE WAS THEN GOING TO SELL FOURTEEN GRAMS TO ANOTHER FEMALE AND THAT HE WAS GOING TO PAY TWO HUNDRED EIGHTY DOLLARS ($280.00.) WITNESS BARTLETT STATED THESE ARRANGEMENTS WERE MADE VIA TEXT-MESSAGING AND THAT THE NUMBER HE WAS TEXTING WAS (727)808-6891. WITNESS BARTLETT ADVISED THAT HE KNEW THE DEFENDANTS FROM HIGH SCHOOL AND THAT HE HAD PURCHASED MARIJUANA FROM THEM ON COUNTLESS OCCASIONS SINCE JANUARY OF 2012. WITNESS BARTLETT COMPLETED A SWORN WRITTEN STATEMENT WHICH WAS LATER TURNED IN TO RECORDS. THE DEFENDANTS WERE ADVISED THEY WERE BEING PLACED UNDER ARREST FOR POSSESSION OF MARIJUANA WITH THE INTENT TO DISTRIBUTE AND POSSESSION OF DRUG PARAPHERNALIA. DUE TO THE FIRST CHARGE BEING FELONY, THE DECISION WAS MADE TO SEIZE DEFENDANT PARKâS VEHICLE AND THE CASH LOCATED INSIDE THE VEHICLE. FORFEITURE NOTICES WERE COMPLETED AND LATER SIGNED BY THE DEFENDANTS WHO WERE ISSUED THEIR COPIES. COPIES WERE LATER TURNED IN TO RECORDS AS WELL AS ADMINISTRATION. THE DEFENDANTS WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, I MADE CONTACT with EACH DEFENDANT AGAIN, SEPARATELY. I ADVISED THEM OF WITNESS BARTLETTâS STATEMENT AND REQUESTED THAT THEY COMPLETE SWORN WRITTEN STATEMENTS. DEFENDANT MCNESBY ADVISED THAT SHE AND DEFENDANT PARK HAD PURCHASED THE MARIJUANA EARLIER ON 102512 FROM HER FRIEND, NAMED CRYSTAL, AND THAT THEY WERE COMING TO CRYSTAL RIVER TO SELL THE MARIJUANA TO WITNESS BARTLETT FOR TWO HUNDRED SEVENTY-FIVE DOLLARS ($275.00.) DEFENDANT PARK ALSO ADVISED THAT HE AND DEFENDANT MCNESBY WENT TO PURCHASE THE MARIJUANA EARLIER ON 102512, HOWEVER, HE COULD NOT ADVISE THE NAME OF THE PERSON WHO HAD SOLD THEM THE MARIJUANA. DEFENDANT PARK ADVISED THAT HE AND DEFENDANT MCNESBY MADE ARRANGEMENTS, VIA TEXT-MESSAGING, TO SELL THE MARIJUANA TO WITNESS BARTLETT FOR TWO HUNDRED SEVENTY-FIVE DOLLARS ($275.00.) BOTH DEFENDANTS WRITTEN STATEMENTS WERE LATER TURNED IN TO RECORDS. THE EVIDENCE AND MONEY WERE TURNED OVER TO DEPUTY HESSE WHO LATER PACKAGED EVERYTHING AND TURNED IT INTO EVIDENCE. THE TOTAL WEIGHT OF THE MARIJUANA LOCATED IN THE BROWN PLASTIC CONTAINER WAS 28.5 GRAMS. PRIOR TO LEAVING THE SCENE, CANINE DEPUTY VIGGIANO CONDUCTED A PRESUMPTIVE FIELD TEST ON THE GREEN LEAFY SUBSTANCE WHICH YIELDED A POSITIVE RESULT FOR CANNABIS. DEFENDANT MCNESBY SIGNED PROPERTY RECEIPTS FOR THE CASH AND THE CONTRABAND WHICH WERE ALSO TURNED IN TO EVIDENCE. DUE TO THE DEFENDANTSâ LACK OF A CRIMINAL HISTORY AND THEIR COOPERATION IN THIS INVESTIGATION, THEY WERE RELEASED ON THEIR OWN RECOGNIZANCE. |
