| Probable cause affidavit: |
SUBMITTED BY: NOVY, JOHN 0221 (AR11121313) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO-WIT: CRACK COCAINE AND POWDER COCAINE, WITH THE INTENT TO SELL THE SAID SUBSTANCE TO ANOTHER PERSON, IN VIOLATION OF FLORIDA'S STATUTE 893.13(1)(A)(1). DID HAVING BEEN CONVICTED OF A FELONY, UNLAWFULLY OWN OR HAVE IN HIS CARE, CUSTODY, POSSESSION OR CONTROL AMMUNITION, TO-WIT: 90 ROUNDS OF AMMUNITION FOR A .22 CALIBER WEAPON, IN VIOLATION OF FLORIDA'S STATUTE 790.23(1)(A). DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA'S STATE STATUTE 893.13(6)(B). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: A DIGITAL SCALE AND VARIOUS PLASTIC BAGGIES RANGING IN SIZE FROM SMALL TO LARGE, IN VIOLATION OF FLORIDA'S STATE STATUTE 893.147(1). ON 061711 THE CITRUS COUNTY SHERIFF'S OFFICE TACTICAL IMPACT UNIT CONDUCTED A NARCOTICS INVESTIGATION AT 1551 WEST LOCKPORT LANE IN DUNNELLON. AS A RESULT OF A TWO MONTH INVESTIGATION PROBABLE CAUSE WAS ESTABLISHED FOR A SEARCH WARRANT AT SUCH LOCATION. ON 061011 YOUR AFFIANT DRAFTED A SEARCH WARRANT AND SEARCH WARRANT AFFIDAVIT WHICH WAS REVIEWED AND SIGNED BY JUDGE CAROL FALVEY. ON 061711 THE TACTICAL IMPACT UNIT CONDUCTED SURVEILLANCE AT 1551 WEST LOCKPORT LANE IN AN ATTEMPT TO IDENTIFY THE SUSPECTED DRUG DEALER, MR BRIAN POE. AT APPROXIMATELY 1640 HOURS, MR POE GOT INTO HIS VEHICLE A 2005 NISSAN ALTIMA AND HEADED SOUTHBOUND ON US 41. AT APPROXIMATELY 1649 HOURS A TRAFFIC STOP WAS CONDUCTED BY DEPUTY DEARDEN WHERE MR POE INITIALLY DID NOT STOP AND ATTEMPTED TO ELUDE LAW ENFORCEMENT, BUT WAS IN TURN BLOCKED IN BY YOUR AFFIANT AND TAKEN INTO CUSTODY. MR POE WAS THEN TRANSPORTED BACK TO 1551 WEST LOCKPORT LANE WHERE THE SEARCH WARRANT INVESTIGATION TOOK PLACE. YOUR AFFIANT READ THE SEARCH WARRANT IN ITS ENTIRETY TO MR POE AND A BLACK FEMALE WHO WAS ALSO AT THE RESIDENCE. MR POE WAS ALSO READ HIS MIRANDA WARNINGS AS WELL AS THE BLACK FEMALE. BOTH SUBJECTS ADVISED THAT THEY UNDERSTOOD THEIR RIGHTS AND DID NOT WISH TO MAKE ANY STATEMENTS AT THIS TIME. I THEN ADVISED MR POE THAT HE HAD A CURRENT ACTIVE WARRANT FOR HIS ARREST AND HE would BE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON WALKING HIM THROUGH THE THRESHOLD, MR POE LOOKED BACK AT THIS AFFIANT AND STATED "ANYTHING THAT YOU FIND IN THIS HOUSE IS MINE, IT'S NOT HERS". I THANKED MR POE FOR HIS COOPERATION AND HE WAS ESCORTED TO THE PATROL VEHICLE. MEMBERS OF THE TACTICAL IMPACT UNIT SEARCHED THE ENTIRETY OF THE RESIDENCE WHERE NUMEROUS KINDS OF CONTRABAND WERE LOCATED. ONE DEPUTY FOUND A PLASTIC TUB in the FRONT ROOM OF THE RESIDENCE. THIS FRONT ROOM CONTAINED A TELEVISION AND A COUCH AND WAS THE SAME ROOM THE SEARCH WARRANT WAS READ TO THE DEFENDANT AND THE BLACK FEMALE. INSIDE THIS PLASTIC TUB WAS A PILL BOTTLE CONTAINING CRACK COCAINE WHICH WEIGHED APPROXIMATELY 3 GRAMS. THERE WAS AN ALTOIDS TIN WHICH CONTAINED 11 - ½ GRAM BAGGIES OF POWDER COCAINE. THERE WAS A DIGITAL SCALE AND VARIOUS PLASTIC BAGGIES RANGING IN SIZE FROM SMALL TO LARGE. THERE WAS ALSO A BAGGIE CONTAINING MARIJUANA WHICH WEIGHED APPROXIMATELY 2 GRAMS. ALL NARCOTICS LOCATED IN THE PLASTIC TUB WERE FIELD TESTED POSITIVE FOR THE SUSPECTED SUBSTANCE. A FURTHER SEARCH OF THE MASTER BEDROOM YIELDED 90 ROUNDS OF AMMUNITION FOR A .22 CALIBER WEAPON WHICH WAS FOUND UNDER the BED. WHEN THE ORIGINAL TRAFFIC STOP WAS CONDUCTED BY DEPUTY DEARDEN AND THIS AFFIANT, LOCATED IN THE CENTER CONSOLE WAS A SODA CAN WITH A LARGE MARIJUANA JOINT, WHICH ALSO FIELD TESTED POSITIVE FOR MARIJUANA. MR POE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY and BOOKED ON the ABOVE CHARGES WHERE HIS BOND WAS SET AT A TOTAL OF $16,500.00, PER THE BOND SCHEDULE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
