| Probable cause affidavit: |
SUBMITTED BY: NOVY, JOHN 0221 (AR11121956) 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 WITNESS: APPROXIMATELY 85 POUNDS OF CANNABIS COMMITS A FELONY OF THE FIRST DEGREE KNOWN AS TRAFFICKING IN CANNABIS IN VIOL OF FLORIDA STATE STATUTE 893.135(1)(A). DID UNLAWFULLY AND KNOWINGLY CULTIVATE MARIJUANA TO WIT: THE DEFENDANT HAD AN EXCESS OF 250 PLANTS ACTIVELY GROWING INSIDE HIS RESIDENCE IN VIOLATION OF FLORIDA STATE STATUTE 893.13(1)(A)(2) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO-WIT: PSILOCYBIN (MUSHROOMS), WITH THE INTENT TO SELL THE SAID SUBSTANCE TO ANOTHER PERSON, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(2); 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 LEASED 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 TWENTY THOUSAND DOLLARS ($20,000.00) OR MORE, BUT LESS THAN ONE HUNDRED THOUSAND DOLLARS ($100,000.00), TO WIT: $33,000.00 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)(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: SMOKING PIPES, SCALES, BAGGIES, GROW LIGHTS, POTS, VAPORIZER, GRINDER, ROLLING MACHINES, ROLLING PAPERS, BALLASTS, HASH MACHINE, SMOKING BONGS AND FANS, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(A); ON 072811, THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) VICE AND NARCOTICS UNIT CONDUCTED A SEARCH WARRANT AND INVESTIGATION LOCATED AT 10168 NORTH CITRUS SPRINGS BOULEVARD IN CITRUS SPRINGS. THE PURPOSE OF THIS INVESTIGATION WAS TO EXECUTE A SEARCH WARRANT AT A SUSPECT MARIJUANA GROW HOUSE. ON 072811, YOUR AFFIANT MADE CONTACT WITH JUDGE SANDY KAUTZ WHO REVIEWED AND SIGNED AN AFFIDAVIT FOR A SEARCH WARRANT IN THIS CASE. DURING THIS TIME, OTHER MEMBERS OF THE VICE NARCOTICS UNIT WERE CONDUCTING SURVEILLANCE ON A SUSPECT RESIDENCE. AT APPROXIMATELY 1210 HOURS YOUR AFFIANT AND OTHER MEMBERS OF THE NARCOTICS UNIT ARRIVED AT THE RESIDENCE TO EXECUTE THE SEARCH WARRANT. YOUR AFFIANT KNOCKED ON THE DOOR SEVERAL TIMES LOUDLY AND CONTINUOUSLY FOR APPROXIMATELY TWO MINUTES. AFTER RECEIVING NO RESPONSE, YOUR AFFIANT BREECHED THE DOOR WITH A SLEDGE HAMMER AND ENTERED THE RESIDENCE . THE DEFENDANT WAS FOUND STANDING IN THE LIVING AREA WITH HIS HANDS UP, WHERE HE WAS SECURED AND TAKEN INTO CUSTODY. A CO-DEFENDANT AND ONE OTHER WHITE MALE WERE ALSO LOCATED INSIDE THE RESIDENCE AND SECURED. AT THIS TIME, YOUR AFFIANT READ THE SEARCH WARRANT IN IT ENTIRETY TO ALL THREE SUSPECTS. YOUR AFFIANT THEN READ MIRANDA WARNINGS TO ALL THREE SUSPECTS AND CONFIRMED THAT EACH PERSON UNDERSTOOD AND WAS AWARE OF THEIR RIGHTS. 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. ONLY ONE ROOM STOOD AS A BEDROOM. THE MASTER BEDROOM HAD APPROXIMATELY 126 MARIJUANA PLANTS GROWING IN IT, RANGING FROM ONE FOOT TO FOUR FOOT IN HEIGHT. THE SECOND BEDROOM HAD APPROXIMATELY 165 MARIJUANA PLANTS GROWING IN IT, RANGING FROM SMALL CLONES TO TWO FOOT TALL. IN THE BEDROOM WHICH WAS UTILIZED FOR SLEEP, THE CLOSET WAS ALSO CONVERTED FOR GROWING MARIJUANA, WHERE TWO PLANTS WERE LOCATED. A FURTHER SEARCH OF THE RESIDENCE LOCATED NUMEROUS ITEMS OF MARIJUANA , SMOKING PIPE AND BONGS, GRINDERS, ROLLING MACHINES, ROLLING PAPERS AND ZIPLOC BAGGIES WERE LOCATED. IN THE KITCHEN OF THE RESIDENCE A LARGE PLASTIC BAGGIE CONTAINING MUSHROOMS ALSO KNOWN AS PSILOCYBIN WAS FOUND. ALSO LOCATED IN THE KITCHEN, WERE EIGHT BAGGIES CONTAINING MARIJUANA IN DIFFERENT WEIGHTS, ALREADY PROCESSED AND READY FOR SALE WEIGHING A TOTAL OF APPROXIMATELY FIVE POUNDS. YOUR AFFIANT CONDUCTED AN INTERVIEW WITH THE DEFENDANT, WHO STATED THAT HE WOULD ANSWER SOME QUESTIONS AND SOME QUESTIONS HE MAY NEED TO SPEAK TO AN ATTORNEY BEFORE HE ANSWERED THEM, BUT STATED THAT HE WOULD BE WILLING TO COOPERATE. THE DEFENDANT STATED THAT HE HAS BEEN RUNNING THE MARIJUANA GROW OPERATION FOR SOME TIME AND THAT WAS HIS MEANS OF INCOME. THE DEFENDANT STATED THAT HE WAS NOT GETTING RICH, BUT JUST DOING IT AS A MEANS TO SUPPORT HIS FAMILY AND PAY THE BILLS. THE DEFENDANT STATED THAT ALL THE GROW EQUIPMENT WAS HIS AND THAT NO ONE ELSE WAS INVOLVED IN SETTING UP THE GROW. THE DEFENDANT DID STATE THAT HE HAS PRIOR EXPERIENCE AS AN ELECTRICIAN AND THAT IS HOW HE HAD THE KNOWLEDGE TO ARRANGE ALL THE LIGHTS AND ELECTRICAL COMPONENTS. I EXPLAINED TO THE DEFENDANT THAT WE HAD LOCATED THE SPLICES IN THE ELECTRICAL LINE LEADING TO THE RESIDENCE AND HE ADVISED THAT HE PUT THE SPLICES IN WHICH DIVERTED POWER FROM THE ELECTRIC METER. THE DEFENDANT STATED THAT THE CO-DEFENDANT THE NAME WHO THE POWER WAS IN KNEW THAT the POWER WAS BEING DIVERTED BUT DID NOT PUT THE SPLICES IN. THE DEFENDANT STATED THAT HE ENJOYED SMOKING MARIJUANA AND ALSO USING PSILOCYBIN FOR RECREATIONAL PURPOSES. THE DEFENDANT STATED THAT THE BAGGIE CONTAINING ALL THE MUSHROOMS WAS HIS AND NOT THE CO-DEFENDANTS. AGENT KELLY THOMAS FROM PROGRESS ENERGY ESTIMATED THE THEFT OF POWER AT $33,000.00 BASED ON THE NUMBER OF LIGHTS , BALLASTS, FANS AND THE NUMBER OF PLANTS AT THE RESIDENCE. THE MARIJUANA WAS PACKAGED AND TRANSPORTED TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION, WHERE IT WAS WEIGHED AT APPROXIMATELY 84 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 CALLAHAN 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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
