| Probable cause affidavit: |
submitted by: JAKOB, RAINER 0670 (AR11121469) DID KNOWINGLY AND UNLAWFULLY AGREE, CONSPIRE, COMBINE, OR CONFEDERATE WITH ANOTHER PERSON TO COMMIT ANY ACT PROHIBITED BY SUBSECTION (1) COMMITTING A FELONY OF THE FIRST DEGREE PUNISHABLE AS IF HE OR SHE HAD ACTUALLY COMMITTED SUCH PROHIBITED ACT, IN VIOLATION OF FLORIDA STATE STATUTE 893.135(5); AND DID UNLAWFULLY AND KNOWINGLY MANUFACTURE OR CULTIVATE A CONTROLLED SUBSTANCE, TO-WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(2); AND DID OWN LEASE OR RENT A STRUCTURE WITH THE KNOWLEDGE THAT THE PLACE OR STRUCTURE WILL BE USED FOR THE PURPOSE OF TRAFFICKING A CONTROLLED SUBSTANCE OR FOR THE MANUFACTURING OF CONTROL SUBSTANCE FOR THE SALE OR DISTRIBUTION IN VIOLATION OF FLORIDA STATE STATUTE 893.1351(1); AND 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: GROW LIGHTS, AND A PARAPHERNALIA PIPE WITH BURNT RESIDUE AND A CIGARETTE LIGHTER NEXT TO IT, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B). ON 062611, I RESPONDED TO A SINGLE VEHICLE ACCIDENT ON FORT ISLAND TRAIL AND WEST PINE BARK LANE, IN CRYSTAL RIVER. UPON MY ARRIVAL, I MET DEFENDANT ONE, MR JAMES NOLAN. HE STATED THAT HE WAS THE OWNER OF THE VEHICLE AND THAT HE MET A FRIEND AT A BAR WHERE HE HAD A FEW DRINKS. HE STATED AS HE LEFT THE BAR HE WAS THE PASSENGER OF THE VEHICLE AND WAS ALSO THE PASSENGER AT THE TIME OF THE CRASH. HIS FRIEND, WHO WAS DRIVING THE VEHICLE, WAS NOT AT THE SCENE OF THE ACCIDENT WHEN I ARRIVED. MR NOLAN COULD NOT REMEMBER HIS FRIEND'S NAME WHO WAS DRIVING. FIRE AND EMERGENCY MEDICAL SERVICES (EMS) RESPONDED TO THE SCENE. I COULD SMELL A STRONG ODOR OF ALCOHOL EMITTING FROM MR NOLAN. MR NOLAN WAS COMPLAINING OF HEAD PAINS AND WHEN I ASKED HIM WHERE HE LIVED HE COULD NOT RECALL THE ADDRESS. MR NOLAN PROVIDED ME A WEST VIRGINIA DRIVER'S LICENSE AND THE VEHICLE REGISTRATION, WHICH WAS TITLED HERE IN THE STATE OF FLORIDA AND HAD AN ADDRESS OF 2591 NORTH COMANCHE POINT. I OBSERVED INSIDE THE VEHICLE A SMALL BROWN DOG WHICH MR NOLAN STATED WAS HIS. HE WANTED TO BE TRANSPORTED TO THE HOSPITAL FOR TREATMENT AND AGREED TO LEAVE THE DOG WITH ME. MR NOLAN WAS TRANSPORTED TO SEVEN RIVERS HOSPITAL FOR CARE AND TREATMENT. I THEN NOTIFIED DISPATCH TO HAVE AN ANIMAL CONTROL OFFICER RESPOND TO RETRIEVE THE DOG. SERGEANT BLOOMER AND DEPUTY DOYLE RESPONDED TO THE CRASH SCENE WHERE DEPUTY DOYLE WORKED THE CRASH REPORT. SERGEANT BLOOMER ADVISED ME TO GO TO 2591 NORTH COMANCHE POINT TO SEE IF SOMEONE WAS THERE TO TAKE POSSESSION OF THE SMALL DOG. WHEN I ARRIVED, I SAW A SILT HOUSE WITH A LONG STAIRWAY GOING UP TO THE FRONT DOOR. ON THAT STAIRWAY WAS POTTING SOIL, SOME PIZZA BOXES, SEVERAL FLOWER POTS, AND BROKEN GLASS. IT APPEARED THAT THERE WERE SIGNS OF AN ALTERCATION THAT MAY HAVE TAKEN PLACE. ONCE I REACHED THE TOP OF THE STAIRS THERE WAS A SMALL SCREEN ROOM AND ON THE FLOOR WAS SOME MORE POTTING SOIL, SEVERAL PIECES OF PAPER, AND BEER CANS THROUGHOUT THE SCREEN ROOM. THERE WAS ALSO A SMALL TABLE WHICH HAD BEER CANS ON IT. THE DOOR LEADING INTO the RESIDENCE WAS A FRENCH DOOR. THE LEFT DOOR WAS OPEN. AS I LOOKED INSIDE THE RESIDENCE, I OBSERVED SEVERAL ITEMS THAT WERE BROKEN. SOME OF THOSE ITEMS WERE TABLE LAMPS, TELEVISION REMOTES, AND WICKER BASKETS. THERE WAS MORE POTTING SOIL JUST INSIDE THE FRONT DOOR. ALL THE LIGHTS IN THE MAIN PART OF THE RESIDENCE WERE ON. I STOOD JUST OUTSIDE THE FRONT DOOR IN THE SCREEN ROOM AND I ANNOUNCED, "SHERIFF'S OFFICE" THREE TIMES, HOWEVER, NO ONE RESPONDED. DUE TO THE FACT THAT IT APPEARED THERE WAS AN ALTERCATION THAT occurred THERE, I NOTIFIED SERGEANT BLOOMER AND HE RESPONDED TO THE RESIDENCE. SERGEANT BLOOMER MET ME AT THE FRONT DOOR WHERE I ADVISED HIM THAT THE FRONT DOOR WAS OPEN PRIOR TO MY ARRIVAL. SERGEANT BLOOMER AND I THEN MADE ENTRY INTO THE RESIDENCE. AS WE MADE ENTRY WE ANNOUNCED SHERIFF'S OFFICE ONCE AGAIN AND STILL NO ONE ANSWERED. AS SERGEANT BLOOMER AND I BEGAN TO CLEAR THE RESIDENCE, WE ENCOUNTERED A LONG HALLWAY WITH SEVERAL DOORS ON EACH SIDE. I COULD SMELL AN ODOR OF CANNABIS AS I APPROACHED THE FIRST DOOR WHICH WAS ON THE LEFT SIDE OF THE HALLWAY. I OPENED THE DOOR AND OBSERVED A BLACK PIECE OF WHAT APPEARED TO BE PLASTIC BLOCKING MY ENTIRE VIEW INTO THE ROOM. THERE WAS ALSO A 2X4 WOOD FRAME THAT THE BLACK PLASTIC WAS ATTACHED TO. I TOOK A QUICK LOOK BEHIND THE DOOR AND SAW A BREAKER BOX WHICH THE PANEL WAS REMOVED AND SEVERAL ELECTRICAL WIRES WERE COMING OUT OF THE BOX. I COULD ALSO HEAR A NOISE WHICH APPEARED TO BE FANS AND THE ODOR OF CANNABIS WAS VERY STRONG AT THAT POINT. I THEN MOVED TO THE NEXT DOOR IN THE HALLWAY, which WAS ON THE RIGHT SIDE. THE DOOR WAS SLIGHTLY CRACKED OPEN APPROXIMATELY SIX INCHES. I COULD SEE THE LIGHT WAS ON IN THAT ROOM. AS I OPENED THE DOOR IT LEAD INTO A BATHROOM AND I OBSERVED WHAT APPEARED TO BE TWO CANNABIS PLANTS APPROXIMATELY TWO AND A HALF FEET TALL WITH A GROW LAMP ABOVE THEM AND SEVERAL SMALLER JUVENILE CANNABIS PLANTS LOCATED TO THE RIGHT OF THE LARGER ONES. THERE WAS ALSO A LARGE GREY RUBBER TRASH CAN FILLED WITH WATER AND SEVERAL HOSES AND POWER CORDS RUNNING IN DIFFERENT DIRECTIONS ON THE FLOOR. I AGAIN PROCEEDED DOWN THE HALLWAY AND APPROACHED THE NEXT DOOR WHICH WAS ON THE LEFT SIDE. I OPENED THE DOOR WHICH LED TO A BEDROOM AND THE LIGHT INSIDE THAT ROOM AS WELL. THERE WERE CLOTHES THROWN THROUGHOUT THE ENTIRE BEDROOM. THE LAST DOOR WAS AT THE END OF THE HALLWAY AND IT WAS SHUT. I OPENED IT AND OBSERVED THE MASTER BEDROOM. ON THE BED LOCATED IN THE MIDDLE OF THE ROOM WAS A WHITE FEMALE WHO APPEARED TO BE SLEEPING. SERGEANT BLOOMER AND I ANNOUNCED OURSELVES. THE MASTER BEDROOM ALSO HAD SCATTERED CLOTHES AND SEVERAL BROKEN ITEMS THROUGHOUT. THERE WAS CLOTHING DRAWERS OUT OF THE DRESSERS AND LYING ON THE GROUND. SERGEANT BLOOMER ASKED THE WHITE FEMALE, WHO WAS IDENTIFIED AS DEFENDANT TWO, MS CHRISTINA NOLAN, IF ANYONE ELSE WAS INSIDE THE RESIDENCE, AND SHE STATED NO. SERGEANT BLOOMER ALSO ASKED MS NOLAN IF THERE WERE ANY FIREARMS INSIDE THE RESIDENCE, AND SHE STATED NO. I COULD SEE A DOOR ON THE RIGHT SIDE OF THE MASTER BEDROOM THAT WAS OPEN AND THERE WAS LIGHT COMING FROM THE ROOM. I ENTERED THE DOORWAY WHICH LED TO THE MASTER BATHROOM. TO THE REAR OF THE BATHROOM I OBSERVED THREE MORE CANNABIS PLANTS APPROXIMATELY TWO AND A HALF FEET TALL. THEY HAD A GROW LAMP OVER THEM AND A FAN WHICH WAS ON. ON THE COUNTER NEXT TO THE BATHROOM SINK WAS A PARAPHERNALIA PIPE WITH BURNT RESIDUE AND A CIGARETTE LIGHTER NEXT TO IT. I THEN ASKED MS NOLAN WHAT HAPPENED AT THE RESIDENCE. SHE STATED SHE DID NOT KNOW. WE WALKED DOWN THE HALL TOWARDS THE LIVING ROOM WHERE SHE SAW THAT THE RESIDENCE HAD BEEN RANSACKED. SHE SAID SHE DID NOT EAT DINNER; HOWEVER, SHE HAD SEVERAL GLASSES OF WINE BEFORE SHE WENT TO BED. SHE SAID THAT HER HUSBAND, MR JAMES NOLAN, WAS AT THE RESIDENCE WHEN SHE WENT TO LIE DOWN FOR THE NIGHT. SHE SAID THAT SHE LAID DOWN AROUND 1800 HOURS ON 062611. I ASKED HER HOW LONG SHE AND MR NOLAN LIVED AT THAT RESIDENCE AND SHE SAID SINCE APRIL OF 2011 AND THAT THEY WERE RENTING THE RESIDENCE. I THEN NOTIFIED MS NOLAN THAT HER HUSBAND WAS INVOLVED IN A VEHICLE ACCIDENT AND THAT HE WAS TRANSPORTED TO SEVEN RIVERS HOSPITAL FOR TREATMENT. DUE TO THE CANNABIS PLANTS INSIDE THE RESIDENCE, DETECTIVE BLAIR AND DETECTIVE MCLAUGHLIN-PERRY WERE NOTIFIED AND THEY RESPONDED. DETECTIVE BLAIR SPOKE WITH MS NOLAN AND READ HER MIRANDA OFF OF A PREPRINTED AGENCY ISSUED CARD. DETECTIVE BLAIR ASKED IF SHE WOULD GIVE CONSENT TO SEARCH THE RESIDENCE, TO WHICH SHE REFUSED. DETECTIVE BLAIR THEN ADVISED MS NOLAN THEY WOULD BE OBTAINING A SEARCH WARRANT FOR THE RESIDENCE. ON 062711, A SEARCH WARRANT WAS OBTAINED FOR THE DEFENDANT'S ADDRESS LOCATED AT 2591 NORTH COMANCHE POINT IN CRYSTAL RIVER. IT WAS SIGNED BY THE HONORABLE JUDGE FALVEY AND THEY RETURNED TO THE RESIDENCE WHERE DETECTIVE BLAIR READ THE SEARCH WARRANT TO MS NOLAN. MR NOLAN WAS MEDICALLY CLEARED FROM SEVEN RIVERS HOSPITAL WHERE HE WAS SEARCHED, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. MS NOLAN WAS THEN ADVISED THAT SHE WOULD BE PLACED UNDER ARREST FOR CULTIVATING CANNABIS, POSSESSION OF PARAPHERNALIA, CONSPIRACY TO COMMITTING CULTIVATION AND OWNERSHIP, LEASE/RENTAL OR POSSESSION AND/OR MANUFACTURING A CONTROLLED SUBSTANCE. SHE WAS SEARCHED, HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. A SEARCH OF THE RESIDENCE YIELDED SEVERAL ITEMS OF EVIDENTIARY VALUE. THESE ITEMS CONSISTED OF CANNABIS BEING GROWN IN THREE AREAS OF THE RESIDENCE. IN GROW ROOM ONE, WHICH WAS BEHIND THE BLACK PLASTIC, WAS 35 CANNABIS PLANTS. IN GROW ROOM TWO, THE HALLWAY BATHROOM, WAS 16 CANNABIS PLANTS, AND IN GROW ROOM THREE, WHICH WAS THE MASTER BATHROOM WAS THREE CANNABIS PLANTS. THE REFRIGERATOR INSIDE THE RESIDENCE ALONG WITH THE AIR CONDITIONING WAS TURNED OFF IN AN ATTEMPT TO KEEP THE ELECTRIC BILL AS LOW AS POSSIBLE. IN THE KITCHEN DETECTIVE MCLAUGHLIN-PERRY LOCATED TWO SALES RECEIPTS ONE DATED 051811, WHERE THE DEFENDANT PURCHASED $514.61 AT URBAN SUNSHINE EAST. SOME OF THE ITEMS ON THE RECEIPT WERE SOIL, TIMERS, AND TUBING. THE OTHER RECEIPT WAS DATED 060411, AT THE HOME DEPOT IN CRYSTAL RIVER AND THE TOTAL THERE WAS $137.52. ID AND EVIDENCE WAS CONTACTED TO PROCESS THE SCENE, SEE CRIME SCENE TECHNICIAN'S (CST) REPORT. THE DEFENDANTS' BOND WAS SET AT $40,500.00 EACH PER 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* |
