| Probable cause affidavit: |
SUBMITTED BY: HAYNES, TRAVIS 0546 (AR11123731) THE DEFENDANT DID UNLAWFULLY AND KNOWINGLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT UNDER TWENTY GRAMS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B) AND THE DEFENDANT DID UNLAWFULLY HAVE IN 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: CANNABIS, SAID OBJECTS BEING TWO MARIJUANA ROACHES, A BONG AND JOKER BRAND ROLLING PAPERS, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1)(B) ON 112911 AT APPROXIMATELY 1755 HOURS, DEPUTY MELHADO, DEPUTY JOHNSON AND I CONDUCTED A WARRANT ATTEMPT AT 8474 WEST PINE HAVEN POINT IN CRYSTAL RIVER FOR MR DANIEL KESTER. PRIOR TO RESPONDING TO THE RESIDENCE, ALL DEPUTIES MET TO FAMILIARIZE OURSELVES WITH DANIEL AND HIS HISTORY. IF WAS DETERMINED DANIEL HAD BEEN PREVIOUSLY BAKER ACTED AND THERE WAS A PREVIOUS CASE WHERE DANIEL WAS IN POSSESSION OF A FIREARM. I ALSO LEARNED FROM DEPUTY MELHADO THAT RESIDENTS IN THE HOME OFTEN HANG OUT ON THE BACK SCREEN PORCH. SERGEANT KANTER RECENTLY PUT OUT AN EMAIL ADVISING THERE WAS UNDERAGE DRINKING AT TH E HOME AND THAT THE FATHER HAD MOVED OUT OF STATE, LEAVING MULTIPLE GUNS INSIDE THE HOME. ALL DEPUTIES VIEWED A BOOKING PHOTO OF DANIEL. WITH THIS INFORMATION, ALL DEPUTIES RESPONDED TO THE RESIDENCE IN AN ATTEMPT TO MAKE CONTACT WITH DANIEL. UPON ARRIVAL, I RESPONDED TO THE BACKYARD OF THE RESIDENCE, NEAR THE BACK PORCH, WHERE A LIGHT WAS ON, WHILE OTHER DEPUTIES ON SCENE RESPONDED TO THE FRONT DOOR. AS I APPROACHED THE BACK PORCH, I OBSERVED A FEMALE, LATER IDENTIFIED AS CHELSEY KESTER, WEARING A BLUE SWEATSHIRT SITTING AT A TABLE WITH A LAPTOP COMPUTER IN HER LAP. SITTING ACROSS FROM HER AT THE TABLE WAS THE HOMEOWNER, MS LYNETTE CRISP. WHEN DEPUTY MELHADO AND DEPUTY JOHNSON KNOCKED ON THE FRONT DOOR, A MALE SUBJECT CAME ONTO THE BACK PORCH AND TOLD THE TWO WOMEN THAT DEPUTIES WERE THERE. AT THAT TIME, I COULD NOT SEE THE MALE SUBJECT AND COULD ONLY HEAR HIM. CHELSEY STOOD UP, PICKED UP A BLUE BONG OFF THE TABLE AND BEGAN WALKING TOWARD THE HOUSE. I THEN STEPPED AROUND THE CORNER AND OBSERVED DANIEL APPROXIMATELY FIFTEEN FEET AWAY THROUGH THE SCREEN OF THE PORCH. DANIEL LOOKED DIRECTLY AT ME, WEARING MY FULL DUTY UNIFORM WITH A SHERIFF'S HAT ON. I SHINED MY FLASHLIGHT AT DANIEL AND STATED "SHERIFF, COME HERE." DANIEL TURNED AND BEGAN WALKING IN THE HOUSE. I THEN STATED "STOP, COME HERE," AT WHICH TIME DANIEL WALKED FASTER INTO THE BACK DOOR OF THE HOME. DUE TO THE EXIGENT CIRCUMSTANCES, I ATTEMPTED TO LOCATE A NEARBY DOOR TO ENTER THE PORCH AND PURSUE DANIEL. UNABLE TO LOCATE A NEARBY DOOR, I PUNCHED THROUGH THE SCREEN, ENTERED THE PORCH AND RAN INSIDE OF THE HOME AFTER DANIEL. WHEN I ENTERED, I YELLED "STOP, WHERE ARE YOU." DANIEL OPENED WHAT APPEARED TO BE THE LAUNDRY ROOM DOOR AND STATED "HERE I AM." I ORDERED DANIEL TO THE FLOOR, TO WHICH HE COMPLIED. DANIEL WAS PLACED UNDER ARREST ON THE ACTIVE CITRUS COUNTY WARRANT AS WELL AS A CHARGE OF OBSTRUCTION. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. DANIEL WAS LEFT WITH DEPUTY MELHADO. DEPUTY JOHNSON AND I RESPONDED TO THE BACK PORCH TO MAKE CONTACT WITH CHELSEY. CHELSEY WAS PLACED UNDER ARREST FOR POSSESSION OF DRUG PARAPHERNALIA AND HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK. ON THE TABLE DIRECTLY IN FRONT OF WHERE CHELSEY WAS OBSERVED SITTING, WERE TWO SMOKED MARIJUANA CIGARETTES, COMMONLY KNOWN AS ROACHES, AND JOKER BRAND ROLLING PAPERS. ON A NEARBY TABLE WAS A MARIJUANA PLANT WHICH WAS APPROXIMATELY ONE FOOT TALL, IN A BLACK POT. BOTH DANIEL AND CHELSEY WERE REAR MIRANDA WARNINGS SEPARATELY FROM A PREPRINTED CARD, TO WHICH THEY BOTH ADVISED THEY UNDERSTOOD THEIR RIGHTS. DANIEL WAS BROUGHT ON TO THE BACK PORCH WHERE I SHOWED HIM THE MARIJUANA PLANT AND ASKED IF IT WAS HIS, TO WHICH HE STATED THE MARIJUANA PLANT WAS HIS. I ASKED CHELSEY WHAT SHE HAD DONE WITH THE BONG AND SHE STATED SHE TOOK IT INSIDE BY THE FIREPLACE, WHERE THIS DEPUTY WAS ABLE TO LOCATE IT. THE BONG, ROACHES, PAPERS AND THE MARIJUANA PLANT WERE COLLECTED AND LATER TURNED IN TO EVIDENCE. DEPUTY JOHNSON TRANSPORTED CHELSEY TO THE CITRUS COUNTY DETENTION FACILITY WHILE I TRANSPORTED DANIEL TO THE DETENTION FACILITY. UPON ARRIVAL, CHELSEY WAS CHARGED WITH ONE OF POSSESSION OF MARIJUANA IN AN AMOUNT UNDER TWENTY GRAMS AND POSSESSION OF DRUG PARAPHERNALIA. HER BOND WAS SET AT A TOTAL OF $1,000.00, IN ACCORDANCE WITH 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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
