“On 12/20/2018 at approximately 7:44 PM, I observed a blue Chevy pick up truck, bearing the Florida license plate of JLVX36, traveling northbound on S. Bay St. with no working tag lights. I activated my lights and siren in an attempt to conduct a traffic stop at the intersection of S. Bay St. and E. Lakeview Ave. (Eustis, FL)”
“The vehicle failed to stop and continued northbound on S. Grove St. traveling approximately a half a mile before making a left turn on E. Ward Ave. coming to a final stop at the intersection of S. Eustis St. and E. Ward Ave. Due to the vehicle failing to stop and movement inside the vehicle, I conducted a felony stop on the vehicle by having the driver and passenger exit at gunpoint and detaining them for investigative purposes.”
“The driver and passenger in question were identified as Brian Maisonet and Bobby Hill. The vehicle was registered under Bobby Hill’s name. I asked Hill if there was anything in the vehicle that I needed to know about and he advised that there was a gun under his seat.”
“I quickly retrieved the firearm from under the front passenger seat and observed that the serial number had been removed. While conducting a search of the vehicle, I located a “Marlboro Special Select” cigarette pack in the rear passenger seat which had been stuffed under the seat in an effort to conceal it.”
“Located inside of the pack were substances believed to be marijuana and heroin. Sgt. Post–who was assisting in the vehicle search–located 2 smaller baggies that also contained heroin. Both substances were field tested and came back positive for both heroin and marijuana.”
“Inside of the center console, I located a scale with what appeared to have a powdery substance while Sgt. Post located rolling papers and a glass spoon inside of the pack of cigarettes where the drugs were previously found.”
“After reading Hill Miranda Warning, he informed me that he understood and would like to speak with me. Hill advised the firearm was not his despite the fact it was found underneath his seat. However, he admitted that he knew the firearm was there and handled it earlier in the day. I asked Hill what type of cigarettes he smoked and he stated “Marlboro”. He also had a brand new, un-opened pack inside of his jacket pocket.”
“After reading Maisonet Miranda Warning, he stated that he had no knowledge of the firearm in the vehicle. Maisonet also informed me that they both were heroin users, however, he denied knowledge of any drugs inside the vehicle and had only been driving because Hill was falling asleep. Dispatch advised me that Maisonet’s license was currently suspended for child support.”
“After searching Maisonet, I retrieved a “Newport” cigarette pack from his pants pocket and allowed Hill to call his wife to inform her of what was happening. Hill informed her that police found a “black .45 caliber gun”, though it should be noted that there wasn’t any point that officers mentioned the caliber of the firearm found.”
“Due to not being able to prove Maisonet had knowledge of the firearm or drugs, he was released on scene with a citation for driving while license suspended.”
“Due to the firearm being found under Hill’s seat and the drugs found in a cigarette pack that he smoked, Hill was placed under arrest and charged accordingly. Hill was transported to the Eustis Police Department for processing and was later transported to the Lake County Jail without incident.”
The above was directly taken from the police affidavit and is written from the perspective of the officer on scene.
