| Probable cause affidavit: |
SUBMITTED BY: LUDLOW, CHRIS 0214 (AR13-5284) (13-50753) DID, UNLAWFULLY CULTIVATE/MANUFACTURE CANNABIS, IN VIOLATION OF FLORIDA STATE STATUTE, 893.13(1)(A)(2); AND \tdid then and there unlawfully and knowingly have in HIS actual or constructive possession, a controlled substance, to wit: MARIJUANA, in an amount of OVER 25 POUNDS, in violation of Florida Statutes 893.135(1)(a); AND DID POSSESS/STRUCTURE/TRL/FOR MANUFACTURE OF CONTROLLED SUBSTANCE, IN VIOLATION OF FLORIDA STATE STATUTE, 893.1351(2). ON 041813, THE CITRUS COUNTY SHERIFFâS OFFICE TACTICAL IMPACT UNIT EXECUTED A SEARCH WARRANT AT 8623 NORTH ELMTREE AVENUE, IN CRYSTAL RIVER, THAT WAS PREVIOUSLY OBTAINED BY THIS DEPUTY AND SIGNED BY THE HONORABLE JUDGE HERNDON. UPON ARRIVAL AT THE RESIDENCE, THE TACTICAL IMPACT UNIT MEMBERS ACCOMPANIED BY UNITED STATES CUSTOMS, APPROACHED THE RESIDENCE AND KNOCKED AT THE FRONT DOOR ANNOUNCING OUR PRESENCE. UPON APPROACHING THE RESIDENCE I COULD CLEARLY DETECT THE ODOR OF CANNABIS OUTSIDE THE RESIDENCE. AFTER SEVERAL LOUD KNOCKS ON THE DOOR, I WAS ABLE TO SEE A MALE SUBJECT PEEKING THROUGH A SET OF MINI BLINDS ATTACHED TO THE FRONT DOOR WINDOW. THE MALE SUBJECT, IDENTIFIED AS MR FIDEL HEREDIA, OPENED THE FRONT DOOR AND WAS QUICKLY SECURED. MEMBERS OF THE TACTICAL IMPACT UNIT MADE ENTRY INTO THE RESIDENCE AND MADE SURE THERE WERE NO OTHER OCCUPANTS INSIDE. ONCE THE RESIDENCE WAS CLEARED AND SECURED I BEGAN TO ATTEMPT TO COMMUNICATE WITH MR HEREDIA BUT REALIZED THAT HE DID NOT SPEAK ENGLISH. DUE TO THE LANGUAGE BARRIER, I SUMMONED THE ASSISTANCE OF AGENT RAYMOND LEE FROM UNITED STATES CUSTOMS WHO IS FLUENT IN SPANISH TO HELP TRANSLATE AND/OR COMMUNICATE WITH THE DEFENDANT. AT MY DIRECTION, AGENT LEE READ MR FIDEL HEREDIA THE SEARCH WARRANT ALOUD IN SPANISH. AT THE CONCLUSION OF READING THE SEARCH WARRANT, AGENT LEE ALSO READ MIRANDA TO MR FIDEL HEREDIA AND HE INDICATED THAT HE UNDERSTOOD HIS RIGHTS AND WOULD SPEAK WITH US. PRIOR TO INTERVIEWING MR HEREDIA, I CONDUCTED A PRELIMINARY SEARCH OF THE RESIDENCE AND UPON ENTRY INTO THE RESIDENCE, I OBSERVED ELECTRIC CORDS POSITIONED ACROSS THE LIVING ROOM FLOOR IN ADDITION TO OTHER ITEMS ASSOCIATED WITH INDOOR CANNABIS GROW OPERATIONS. I ALSO OBSERVED A BEDROOM ON THE NORTHWEST CORNER OF THE RESIDENCE, WHICH WILL BE IDENTIFIED AS BEDROOM ONE, TO CLEARLY BE ESTABLISHED AS A GROW ROOM. THERE WAS PLYWOOD OVER THE WINDOWS AND FLOURESCENT LIGHT HOODS ATTACHED TO THE CEILING AND NINE MARIJUANA PLANTS APPROXIMATELY FOUR FEET TALL IN LARGE BUCKETS POSITIONED BELOW THE LIGHTS. UPON FURTHER INSPECTION OF THE ROOM A SEPARATE AIR CONDITIONER HANDLER AND WATER SOURCE WERE LOCATED IN THE ADJOING BATHROOM TO BEDROOM ONE. AN ADDITIONAL CANNABIS PLANT APPROXIMATELY FOUR FEET TALL WAS LOCATED IN AN ADJOINING CLOSET TO BEDROOM ONE. AS I PROCEEDED THROUGH THE RESIDENCE, I ENTERED A BEDROOM ON THE SOUTHEAST CORNER OF THE RESIDENCE, WHICH WILL BE IDENTIFIED AS BEDROOM TWO. THIS BEDROOM CONTAINED VARIOUS ITEMS ASSOCIATED WITH CANNABIS GROW OPERATIONS. I OBSERVED PIECES OF MYLAR BOARD IN ADDITION TO EMPTY BUCKETS, CARBON FILTERS AND BAGS OF WHAT APPEARED TO BE FERTILIZERS. THERE WAS ALSO A LARGE AIR CONDITIONING UNIT POSITIONED JUST IN FRONT OF THE CLOSET TO BEDROOM TWO. I THEN PROCEEDED INTO THE GARAGE, WHICH HAD BEEN CLEARLY TRANSFORMED INTO A GROW ROOM. THERE WERE FLOUREASCENT LIGHTS AND HOODS ATTACHED TO THE CEILING AND THERE WERE 15 CANNABIS PLANTS APPROXIMATELY FOUR FEET TALL IN BUCKETS POSITIONED JUST BELOW THE LIGHTS. UPON FURTHER INSPECTION OF THE GARAGE, I OBSERVED THE WINDOWS TO BE COVERED AND THERE WAS ELCTRICAL AND WATER MODIFICATIONS MADE TO ASSIST WITH THE GROWING OF THE MARIJUANA. I THEN PRECEDED OUTSIDE AND MADE CONTACT ONCE AGAIN WITH MR FIDEL HEREDIA (DEFENDANT) WHO HAD BEEN PREVIOUSLY IDENTIFIED THROUGH SURVEILLANCE CONDUCTED BY THIS DEPUTY AND DEPUTY PERRY. IT SHOULD BE NOTED THAT THERE WAS A VEHICLE PARKED IN THE DRIVEWAY, WHICH HAD ALSO BEEN PREVIOUSLY IDENTIFIED THROUGH SURVEILLANCE AND WAS OBSERVED BEING OPERATED BY MR FIDEL HEREDIA. I NOTICED THAT AGENT LEE HAD ENGAGED IN GENERAL CONVERSATION WITH MR HEREDIA AND MR HEREDIA WAS COMMUNICATING WITH AGENT LEE. AT MY DIRECTION, AGENT LEE ASKED MR HEREDIA IF HE WAS THE ONLY INDIVIDUAL RESIDING AT THIS RESIDENCE. MR HEREDIA ACKNOWLEDGED BEING THE ONLY OCCUPANT AND WAS CLEARLY AWARE OF THE CANNABIS GROW OPERATION INSIDE HIS RESIDENCE. MR HEREDIA MADE THE SPONTANEOUS STATEMENT âYOU SEE WHATâS INSIDE. THATâS MINEâ. MR HEREDIA INDICATED TO AGENT LEE THAT HE IS RENTING THE HOUSE, HOWEVER, IS BEHIND ON HIS RENT. THROUGHOUT THIS INTERVIEW, MR HEREDIA ACKNOWLEDGED THE CANNABIS GROWING INSIDE HIS RESIDENCE BUT WHEN ASKED DETAILS ABOUT HOW THE MARIJUANA IS GROWN, MR HEREDIA INDICATED THAT HE DID NOT KNOW. MR HEREDIA ALSO INDICATED THAT HE SELLS THE CANNABIS THAT HE GROWS, BUT WHEN ASKED WHO HE SELLS TO, MR HEREDIA INDICATED THAT HE DID NOT KNOW. I WAS PRESENT DURING THIS INTERVIEW AND AGENT LEE TRANSLATED THE ABOVE RESPONSES PROVIDED BY MR FIDEL HEREDIA. AT THIS TIME, MR FIDEL HEREDIA WAS PLACED UNDER ARREST AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. ALL EVIDENCE THAT WAS COLLECTED FROM THE RESIDENCE WAS PACKAGED AND SUBMITTED INTO EVIDENCE LOCKERS AT THE CITRUS COUNTY SHERIFFS OFFICE. THE TOTAL WEIGHT OF THE TWENTY-FIVE PLANTS COLLECTED WAS APPROXIMATELY 100 POUNDS. |
