Probable cause affidavit: |
SUBMITTED BY: JOHNSON, DALE 0178 (AR09112188) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS/HER 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 STATE STATUTE 893.13(6)(B). DID UNLAWFULLY HAVE IN HIS/HER 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: THE DEFENDANT DID HAVE IN HER POSSESSION A MODIFIED PLASTIC JUG FOR THE PURPOSES OF SMOKING CANNABIS, AND A CARDBOARD LINED WITH ALUMINUM FOIL TO SHIELD MARIJUANA PLANTS, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ON 120209 , I RESPONDED WITH DEPUTIES RICCI AND TACKETT TO 8570 WEST MAYO DRIVE, APARTMENT NUMBER 22, IN CRYSTAL RIVER, IN REFERENCE TO MARIJUANA PLANTS WHICH WERE VISIBLE THROUGH THE WINDOW OF THE APARTMENT. UPON ARRIVAL, DEPUTY TACKETT AND I KNOCKED ON THE FRONT DOOR AND MADE CONTACT WITH THE DEFENDANT, LATER IDENTIFIED AS MS CHARLOTTE ITNYRE. UPON MAKING CONTACT, WE ADVISED HER THAT WE WERE AT HER RESIDENCE DUE TO THE MARIJUANA PLANTS BEING VISIBLE THROUGH HER WINDOW. THE DEFENDANT THEN ALLOWED US INTO HER APARTMENT. WE THEN RECOVERED 12 MARIJUANA PLANTS IN VARIOUS STAGES OF GROWTH, ALONG WITH A PIECE OF ALUMINUM COVERED CARD BOARD, USED TO SHIELD THE PLANTS AND DIRECT HEAT TO THEM. WHILE GATHERING THE MARIJUANA PLANTS AND THE CARDBOARD PIECE, WE FURTHER OBSERVED A PLASTIC JUG WHICH WAS MODIFIED INTO A SMOKING PIPE, COMMONLY REFERRED TO AS A BONG. WHILE SPEAKING WITH THE DEFENDANT AND HER ROOMMATE, THE DEFENDANT ADVISED THAT HER ROOMMATE HAD NOTHING TO DO WITH THE PLANTS. THE DEFENDANT PROVIDED US WITH A SWORN WRITTEN STATEMENT TO THAT EFFECT. AFTER COLLECTING THE PLANTS AND PARAPHERNALIA, THE DEFENDANT WAS PLACED UNDER ARREST AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING, WHERE HER BOND WAS SET AT $500.00. DUE TO THE DEFENDANT'S CO-OPERATION, THE STAGE OF GROWTH OF THE PLANTS, AND THE DIRT ATTACHED TO THE PLANTS ROOTS BEING IN AN EARLY STAGE OF GROWTH, THE DEFENDANT'S CHARGE WAS REDUCED TO A POSSESSION OF LESS THAN 20 GRAMS. THE TOTAL WEIGHT OF THE PLANTS AT THE TIME OF THE ARREST WAS 55 GRAMS. *NOT-EXEMPT* |