| Probable cause affidavit: |
SUBMITTED BY: NOVY, JOHN 0221 (AR11123452) ANY PERSON WHO KNOWINGLY SELLS PURCHASES MANUFACTURES DELIVERS, OR BRINGS INTO THIS STATE, OR WHO IS KNOWINGLY IN ACTUAL OR CONSTRUCTIVE POSSESSION IN EXCESS OF 25 POUNDS OF CANNABIS; TO WIT: APPROXIMATELY 105 POUNDS OF CANNABIS COMMITS A FELONY OF THE FIRST DEGREE KNOWN AS TRAFFICKING IN CANNABIS IN VIOLATION OF FLORIDA STATE STATUTE 893.135(1)(A). did unlawfully and knowingly agree, conspire, combine, or confederate with another person to traffic in cannabis in violation of FLORIDA STATE STATUTE 893.135(5). DID UNLAWFULLY BE IN ACTUAL OR CONSTRUCTIVE POSSESSION OF ANY PLACE STRUCTURE OR TRAILER OR OTHER CONVEYANCE WITH THE KNOWLEDGE OF THAT PLACE, STRUCTURE OR CONVEYANCE WILL BE THE USED FOR THE PURPOSES OF TRAFFICKING IN CONTROLLED SUBSTANCES AS PROVIDED IN 893.13 OR FOR THE MANUFACTURE OF A CONTROLLED SUBSTANCE FOR SALE OR DISTRIBUTION OF SALE TO ANOTHER TO WIT: THE DEFENDANT AND CO-DEFENDANT COHABITATED INSIDE THE SAID RESIDENCE WHERE THE MARIJUANA WAS ACTIVELY BEING CULTIVATED AND KNOWING occupied SUCH PREMISES FOR THE PURPOSES DESCRIBED ABOVE IN VIOLATION OF FLORIDA STATE STATUTE 893.1351(2). DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: PROGRESS ENERGY OF THE VALUE OF one hundred thousand dollars ($100,000.00) OR MORE, BUT TO WIT: $206,000.00 WORTH OF ELECTRICITY WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM OF A RIGHT TO THE PROPERTY OR A BENEFIT THEREOF, OR DID APPROPRIATE THE SAID PROPERTY TO HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATUTES 812.014(2)(A). 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: SMOKING PIPES, SCALES, BAGGIES, GROW LIGHTS, POTS, BALLASTS, SMOKING BONGS AND FANS, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(A). ON 110411, THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) VICE AND NARCOTICS UNIT CONDUCTED A SEARCH WARRANT AND INVESTIGATION LOCATED AT 4647 west bonanza drive beverly hills THE PURPOSE OF THIS INVESTIGATION WAS TO EXECUTE A SEARCH WARRANT AT A SUSPECTed MARIJUANA GROW HOUSE. ON 110411, YOUR AFFIANT MADE CONTACT WITH JUDGE davis WHO REVIEWED AND SIGNED AN AFFIDAVIT FOR A SEARCH WARRANT IN THIS CASE. AT APPROXIMATELY 1155 HOURS the sheriff's office swat team arrived on scene to execute the search warrant and clear the residence. YOUR AFFIANT KNOCKED ON THE DOOR SEVERAL TIMES LOUDLY AND CONTINUOUSLY, after receiving no answer deputy berrios breached the door and entry was made. The residence was cleared and one white male was located inside and secured. THE DEFENDANT WAS escorted into the living room and read the search warrant. your affiant explained to the defendant that we were conducting a search warrant investigation at his residence. i then read the defendant mirandA from a preprinted department card. the defendant advised that he did not wish to make any statements or answer any questions. AT THIS TIME, MEMBERS OF THE VICE NARCOTICS UNIT CONDUCTED A FURTHER SEARCH OF THE RESIDENCE AND FOUND THAT MOST OF THE RESIDENCE WAS CONVERTED TO CULTIVATE AND GROW MARIJUANA. the defendant lived in the living room portion of the house as the entire residence was converted to grow and cultivate marijuana. all five bedrooms were being used to grow marijuana in this 4000 square foot home. 153 plants were located all in various stages of growth, from clone to mature plants. A FURTHER SEARCH OF THE RESIDENCE LOCATED NUMEROUS ITEMS OF MARIJUANA , SMOKING PIPE AND BONGS, AND ZIPLOC BAGGIES WERE LOCATED. during the course of this investigation, your affiant was able to identify several other people who the defendant worked with in the cultivation of the marijuana. one suspect, who was not apprehended, was positively identified as assisting and working with the defendant to work on the growing marijuAna. the grow equipment was being supplied electricIty from diverted or stolen power from the electric company. AGENT KELLY THOMAS FROM PROGRESS ENERGY ESTIMATED THE THEFT OF POWER AT $206,000.00 BASED ON THE NUMBER OF LIGHTS , BALLASTS, FANS AND THE NUMBER OF PLANTS AT THE RESIDENCE and the duration of the account. THE MARIJUANA WAS PACKAGED AND TRANSPORTED TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION, WHERE IT WAS WEIGHED AT APPROXIMATELY 118 POUNDS. ALL OTHER EVIDENCE WAS TRANSPORTED AND SECURED IN THE EVIDENCE DIVISION. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) BY DEPUTY cruz WHERE HE WAS BOOKED ON THE ABOVE LISTED CHARGES AND BOND SET ACCORDING TO 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* |
