| Probable cause affidavit: |
SUBMITTED BY: INDORATO, THOMAS 0712 (AR16-19199) DID UNLAWFULLY HAVE IN HIS/HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE, 893.13(6)(A). ON 042516, AT 01212 HOURS DEPUTY BRIGGS (0089) REQUESTED ASSISTED ON A TRAFFIC STOP LOCATED AT THE INTERSECTION GREAT OAKS DRIVE AND EAST DANIELS ROAD IN FLORAL CITY, FLORIDA. UPON ARRIVAL, I OBSERVED A 2006 SILVER COLORED SATURN UTILITY VEHICLE BEARING FLORIDA TAG, BZKU71. I THEN MADE CONTACT WITH DEPUTY BRIGGS WHO WAS ACTIVELY FILLING OUT A FLORIDA UNIFORM TRAFFIC CITATION. HE ADVISED THAT HE HAD ALREADY DETAINED THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR WALLACE CLAYTON STEWART, IN HANDCUFFS AND PLACED HIM IN THE REAR SEAT OF HIS PATROL VEHICLE. DEPUTY BRIGGS ADVISED THAT THE DEFENDANT, MR STEWART, DID NOT HAVE A VALID DRIVER'S LICENSE. DEPUTY BRIGGS ADVISED THAT WHEN HE APPROACHED THE VEHICLE, HE DETECTED THE ODOR OF CANNABIS EMITTING FROM THE VEHICLE. DEPUTY BRIGGS ALSO ADVISED THAT UPON CONDUCTING A TRAFFIC STOP ON SAID VEHICLE, HE OBSERVED AN OBJECT TO BE TOSSED BY THE FRONT SEAT PASSENGER, LATER IDENTIFIED AS THE DEFENDANT, MR MICHAEL KEMP. SAID OBJECT WAS TOSSED TOWARDS THE WOODS. I THEN MADE CONTACT ON A PASSENGER SIDE APPROACH WITH THE FRONT SEAT PASSENGER, IDENTIFIED AS THE DEFENDANT, MR MICHAEL KEMP. ALSO LOCATED IN THE VEHICLE WAS THE DEFENDANT LATER IDENTIFIED AS MS VERONICA HILL, WHO WAS SEATED IN THE REAR PASSENGER SIDE SEAT. I ASKED BOTH DEFENDANTS IF THERE WAS ANYTHING ILLEGAL INSIDE THE VEHICLE, AT WHICH TIME THEY BOTH ADVISED MULTIPLE TIMES THE VEHICLE WAS NOT THEIRS AND THEY DID NOT KNOW WHAT WAS INSIDE THE VEHICLE. I THEN CONDUCTED A 360 DEGREE FREE AIR SNIFF OF THE FREE PUBLIC AIR SPACE SURROUNDING A 2006 SILVER IN COLOR SATURN UTILITY VEHICLE BEARING FLORIDA TAG BZKV71. CANINE REPO ALERTED TO THE PRESENCE OF A CONTROLLED SUBSTANCE ON THE PASSENGER SIDE REAR DOOR SEAM. CANINE REPO WAS THEN RE-SECURED IN MY PATROL VEHICLE. LIEUTENANT BALL (0489) WAS ALSO ON SCENE AND ASSISTED DEPUTY BRIGGS WITH DEFENDANTS KEMP AND HILL IN EXITING THE VEHICLE ONE AT A TIME. DEPUTY BRIGGS THEN CONDUCTED A PAT DOWN SEARCH OF THE DEFENDANTS, AND STOOD BY WITH BOTH DEFENDANTS IN FRONT OF HIS PATROL VEHICLE. I THEN CONDUCTED A HAND SEARCH OF THE INTERIOR OF THE VEHICLE. WHILE SEARCHING THE DRIVER'S SIDE FRONT COMPARTMENT, I OBSERVED A PACKAGE OF 305 CIGARETTES TO BE PARTIALLY LYING BY THE CONSOLE IN THE DRIVER'S SIDE FLOORBOARD AREA. UPON OPENING THE PACKAGE OF CIGARETTES, I OBSERVED TWO, CLEAR PLASTIC BAGGIES CONTAINING A CLEAR, CRYSTAL LIKE SUBSTANCE. I THEN MADE CONTACT WITH DEFENDANT HILL WHERE SHE WAS ASKED TO STEP TO THE REAR OF DEPUTY BRIGG'S PATROL VEHICLE. I ASKED DEFENDANT HILL IF SHE HAD ANYTHING ILLEGAL ON HER PERSON, AT WHICH TIME SHE DROPPED HER HEAD AND BEGAN TO BREATH RAPIDLY. DEFENDANT HILL THEN ADVISED THAT SHE DID NOT WANT TO GO TO JAIL, AND SHE DID HAVE DRUGS ON HER THAT DEFENDANT KEMP GAVE HER TO HIDE. I ASKED DEFENDANT HILL WHAT KIND OF DRUGS SHE HAD AND WHERE THEY WERE LOCATED. DEFENDANT HILL ADVISED SHE HAD METHAMPHETAMINE AND ''WEED'' IN HER VAGINA CAVITY. DEPUTY BRIGGS THEN STOOD BY WITH DEFENDANT HILL WHILE I MADE CONTACT WITH DEFENDANT KEMP. DEFENDANT KEMP WAS THEN READ HIS MIRANDA WARNINGS VIA AGENCY PREâPRINTED CARD AND ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH ME. I ASKED DEFENDANT KEMP ABOUT THE METHAMPHETAMINE LOCATED INSIDE THE VEHICLE, TO WHICH HE STATED THAT OF THE METHAMPHETAMINE WAS HIS AND HE DID NOT KNOW WHAT WAS INSIDE THE VEHICLE. I AGAIN MADE CONTACT WITH DEFENDANT HILL AND ASKED IF SHE WOULD RETRIEVE THE ITEMS SHE HAD STATED SHE HAD CONCEALED WITHOUT EXPOSING HERSELF. DEFENDANT HILL ADVISED YES, AND WALKED TOWARDS THE OTHER SIDE OF LIEUTENANT BALL'S PATROL VEHICLE. WITHOUT EXPOSING HERSELF, DEFENDANT HILL THEN PLACED THE DRUGS THAT WERE ON HER PERSON ON THE HOOD OF LIEUTENANT BALL'S PATROL VEHICLE. UPON OBSERVING THE CONTENTS I OBSERVED TWO PLASTIC BAGGIES CONTAINING A GREEN, LEAFY SUBSTANCE AND A CLEAR PLASTIC BAGGIE CONTAINING A SECOND PLASTIC BAGGIE CONTAINING A CLEAR, CRYSTAL LIKE SUBSTANCE. I THEN READ DEFENDANT HILL HER MIRANDA WARNINGS VIA PRE-PRINTED AGENCY CARD, TO WHICH SHE ADVISED SHE UNDERSTOOD HER RIGHTS AND WISHED TO SPEAK WITH ME. DEFENDANT HILL ADVISED THAT SHE WAS PICKED UP BY DEFENDANT STEWART AND ADVISED SHE WAS GOING TO BE DROPPED OFF AT ANOTHER LOCATION. SHE STATED THEY WERE ON THEIR WAY TO PICK UP DEFENDANT KEMP'S GIRLFRIEND WHEN THEY OBSERVED A ''COP'' CAR, AT WHICH TIME DEFENDANT STEWART MADE A TURN AND ACCELERATED IN SPEED. DEFENDANT HILL ADVISED THAT DEFENDANT KEMP THEN TOLD HER TO TOSS THE BLACK AND WHITE BACKPACK THAT WAS LOCATED ON THE BACK SEAT OUT OF THE WINDOW. DEFENDANT HILL STATED SHE THREW THE BACKPACK OUT OF THE PASSENGER SIDE REAR WINDOW. SHE ADVISED THAT SHE OBSERVED DEFENDANTS STEWART AND KEMP ALSO THROWING MULTIPLE ITEMS OUT OF THE WINDOWS. DEFENDANT HILL ADVISED STATED THAT WHEN THE ''COP'' GOT BEHIND THEM, DEFENDANT KEMP HANDED HER A CAMOUFLAGE CASE AND TOLD HER TO PUT IT ''UP INSIDE OF HER'' AND THAT THEY NEVER WILL CHECK THERE. DEFENDANT HILL ADVISED SHE THEN COMPLIED. LIEUTENANT BALL DROVE DOWN TOWER TRAIL WHICH WAS THE ROAD THE VEHICLE TURNED FROM WHEN DEPUTY BRIGGS WAS ATTEMPTING TO CONDUCT A TRAFFIC STOP ON THE VEHICLE. LIEUTENANT BALL ADVISED THAT HE HAD LOCATED A BLACK AND WHITE BACKPACK IN THE GRASS AREA ON THE SOUTH SIDE OF TOWER TRAIL AND BROUGHT IT BACK TO THE INCIDENT LOCATION. INSIDE THE BACKPACK, I LOCATED TWO DIGITAL SCALES, A PLASTIC CONTAINER CONTAINING CRYSTAL RESIDUE AND MULTIPLE EMPTY CLEAR, PLASTIC BAGGIES CONSISTENT WITH THE SALE OF NARCOTICS. I AGAIN SEARCHED THE REAR SEAT OF THE VEHICLE. I THEN LOCATED THE CAMOUFLAGE POUCH THAT DEFENDANT HILL ADVISED DEFENDANT KEMP HANDED HER CONTAINING THE CONTENTS LOCATED ON HER PERSON. I THEN MADE CONTACT WITH DEFENDANT STEWART WHO WAS READ HIS MIRANDA WARNINGS VIA PRE-PRINTED AGENCY CARD. HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND HE DID NOT WANT TO ANSWER ANY QUESTIONS. ANOTHER BACK UP UNIT WAS REQUESTED TO RESPOND TO SCENE, AND A SHORT TIME LATER, DEPUTY GERENA (1361) ARRIVED ON SCENE. DEPUTY GERENA THEN BEGAN A SEARCH OF THE WOODED AREA ON THE OTHER SIDE OF THE FENCE OF THE PASSENGER SIDE OF THE VEHICLE. DEPUTY GERENA ADVISED THAT HE LOCATED A YELLOW POUCH IN THE BRUSH WHICH IS CONSISTENT WITH THE AREA DEPUTY BRIGGS OBSERVED AN OBJECT BEING TOSSED. I THEN OPENED THE YELLOW POUCH AND OBSERVED A SECOND MAROON COLORED POUCH INSIDE. SAID POUCH CONTAINED THREE CLEAR, PLASTIC BAGGIES CONTAINING A CLEAR CRYSTAL LIKE SUBSTANCE; ONE BAGGIE WEIGHED APPROXIMATELY 7.3 GRAMS, THE SECOND WEIGHTED APPROXIMATELY .5 GRAMS AND THE THIRD WEIGHED APPROXIMATELY .4 GRAMS. DEPUTY BRIGGS THEN REQUESTED A ROTATION WRECKER RESPOND TO SCENE. SCALLY'S TOWING ARRIVED AND TOOK POSSESSION OF THE VEHICLE. A TOW SHEET WAS COMPLETED AND LATER TURNED INTO RECORDS. DEFENDANT HILL COMPLETED A SWORN WRITTEN STATEMENT WHICH WAS LATER TURNED INTO RECORDS. DEFENDANTS STEWART AND HILL WERE PLACED UNDER ARREST FOR POSSESSION OF A CONTROLLED SUBSTANCE. DEFENDANT KEMP WAS PLACED UNDER ARREST FOR POSSESSION OF A CONTROLLED SUBSTANCE WITH INTENT TO SELL. DEPUTY BRIGGS TRANSPORTED DEFENDANTS STEWART AND KEMP TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DEPUTY GERENA TRANSPORTED DEFENDANT HILL TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. ALL PLASTIC BAGGIES CONTAINING THE CRYSTAL LIKE SUBSTANCE I RECOGNIZED THROUGH MY TRAINING AND EXPERIENCE TO POSSIBLY BE METHAMPHETAMINE. WHILE DRIVING THE AREA OF TOWER TRAIL, I OBSERVED A CAMOUFLAGE SLEEVE WITH A STRAP TO BE LYING IN THE BRUSH ON THE SOUTH SIDE OF TOWER TRAIL. ON THE STRAP OF THE CAMP POUCH I LOCATED AN EMPTY NYLON GUN HOLSTER AND A SMALL ZIPPERED POUCH. INSIDE THE SMALL, ZIPPERED POUCH I LOCATED A KNIFE AND A CLEAR PLASTIC BAGGIE CONTAINING A CLEAR, CRYSTAL LIKE SUBSTANCE. ALL PLASTIC BAGGIES CONTAINING THE CRYSTAL LIKE SUBSTANCE WERE FIELD TESTED WITH A POSITIVE RESULT FOR METHAMPHETAMINE. THE GREEN, LEAFY SUBSTANCE I RECOGNIZED THROUGH MY TRAINING AND EXPERIENCE TO BE CANNABIS. THE GREEN LEAFY SUBSTANCE WAS LATER FIELD TESTED WITH A POSITIVE RESULT FOR CANNABIS. THE METHAMPHETAMINE FOUND ON DEFENDANT HILL'S PERSON WEIGHED APPROXIMATELY .7 GRAMS. THE CANNABIS FOUND ON DEFENDANT HILL'S PERSON WEIGHED A TOTAL WEIGHT OF 5 GRAMS. THE METHAMPHETAMINE FOUND INSIDE THE POUCH ATTACHED TO THE CAMOUFLAGE SLEEVE WEIGHED APPROXIMATELY 7.5 GRAMS. THE METHAMPHETAMINE FOUND INSIDE THE YELLOW AND MAROON POUCHES CONTAINING THE THREE PLASTIC BAGGIES OF METHAMPHETAMINE WERE LATER WEIGHED WITH AN APPROXIMATE TOTAL WEIGHT OF 8.2 GRAMS. THE METHAMPHETAMINE LOCATED IN THE 305 PACKAGE AND THE TWO PLASTIC BAGGIES WEIGHED A TOTAL WEIGHT OF 1 GRAM. ALL CONTRABAND WAS COLLECTED FOR SUBMISSION TO EVIDENCE. UPON ARRIVAL, THE DEFENDANTS WERE TURNED OVER TO DETENTION STAFF. DEFENDANT STEWART'S BOND WAS SET AT $2,000.00 PER THE BOND SCHEDULE FOR THE CHARGE OF POSSESSION OF A CONTROLLED SUBSTANCE. DEFENDANT HILL'S BOND WAS SET AT $2,000.00 PER THE BOND SCHEDULE FOR THE CHARGE OF POSSESSION OF A CONTROLLED SUBSTANCE. DEFENDANT KEMP'S BOND WAS SET AT $5,000.00 FOR THE CHARGE OF SELL/MFG/DEL/ OR POSSESS WITH INTENT TO SELL/MFG/DEL CONTROLLED SUBSTANCE. |
