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ORANGE COUNTY SHERIFF'S OFFICE TRAINING BULLETIN Effective Date: December 18, 2015  Amends - TB11 -2 (February 11, 2015) Number: 11-2 Distribution: All Sworn Personnel Review Month: February Reviewing Authority: Sheriff / Legal Services Subject: Drug Abuse Prevention a nd Control – Prohibited Acts; Penalties (F S 893.13) All charging affidavits must include probable cause to believe the suspect in a drug related offense (including drug paraphernalia) knew the substance in question was illi cit. Deputies must articulate factors they believe show the suspect knew the illicit nature of the drug. This can be done by documenting what the d eputy saw, smelled and/or heard, as well as any statements made by the suspect , or any witnesses . As these cases are fact driven , it is impossible to provide examples for every scenario a deputy may encounter. However, some things a deputy should consider are: • How does the suspect behave when you ask him if you can search him or his car? • What does the suspec t say when you ask him if you can search him or his car? • Is the smell of burning marijuana evident? • Does the suspect change his demeanor when the questioning transitions from general questions to more probing questions, e.g., does he break eye contact, doe s he start to sweat or display other signs of nervousness? • Does the suspect have a drug history? • What factors brought the suspect to your attention ? For example, did a CI or citizen informant give you information the suspect was selling , or did you get a complaint that people were smoking marijuana on the corner ? • Is any paraphernalia present? • When you find a suspect with drugs in his pants , and he gives the excuse the pants don’t belong to him, ask follow -up questions about who owns them, why the suspect i s wearing them, when he put them on, etc. What response did the suspect provide , and what was h is demeanor while providing those responses? • When you find a suspect with pills , and he gives the excuse that they belong to his friend, ask fo llow-up questions , such as the following: Why do you have them? What are they used for? Deputies should charge drug suspects with other non -drug related offenses for which there is probable cause , e.g., DWLS. This secondary charge documents the existence of probable cause to arrest in the event the evidence of illegal drugs is suppressed.