AFFIDAVIT OF PROBABL E CAUSE SUBSEQUENT TO WARRANTLESS ARREST
I, Bob Peterson, a peace officer with the Durango Police Department, by signing my name below, before the notary public named below, solemnly, sincerely and truly declare and affirm that for the following facts and information establishing probable cause fro the warrantless arrest: Tim Moore, Date of Birth: 03/23/88 on, May 4 th , 2013 at the corner of Clovis Drive and Junction Street, City of Durango, County of La Plata, State of Colorado, in case number P16-174489, for the crime(s) or offense(s) of:
C.R.S: 29-9-1131 (2) (b) Vehicle Stop With Dog Sniff
Are true and correct to the best of my knowledge, information and belief.
On 5/4/2013, I was patrolling the streets of Durango and started following a blue 2007 Toyota Tacoma. The vehicle was dirty, had its left taillight out, and was swerving quite a bit. At the corner of Clovis Drive and Junction Street, I pulled over the vehicle.
I asked for the suspects license and registration. It took Moore a while to pull out this information, and gave me a Durango Joes card instead of his license at first. I noticed that his eyes were bloodshot and he was laughing a fair amount, so I called in a canine unit to do a structured Dog Sniff.
As the dog was about to finish circling the car, she started barking at the left front wheel. I asked the suspect to step out of the car and stand with another officer. I crawled under vehicle and found 3 lbs. of cocaine lodged under the car. At this point I had probable cause to search the rest of the vehicle. In the back seat of the car I found 12 ounces of marijuana and a list with names and checkmarks that implied Moore was a drug dealer.
As I looked back to detain the suspect and place him in handcuffs, I found him physically assaulting the police officer holding him. The officer pushed him to the ground and double locked him in handcuffs. His wrists were raw from the force of the handcuffs, and later were cleared at the medic office at the La Plata County Jail.
Your affiant states that the crime of C.R.S: 29-9-1131 (2) (b) Vehicle Stop With Dog Sniff occurred in the City of Durango, County of La Plata, and State of Colorado.
Affiants Signature
The foregoing affidavit was subscribed and sworn to before me this May 4 th , 2013, in the County of La Plata, State of Colorado.