| Probable cause affidavit: |
SUBMITTED BY: RUBY, SAMUEL 0652 (AR10115173) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). (AND) 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: MARIJUANA, AND THOSE ITEMS BEING, TO WIT: A: A RED BONG, A SILVER PLATTER, A SCISSORS AND A SMALL METAL CONTAINER. IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1) ON 060310 AT APPROXIMATELY 0800 HOURS, I RECEIVED AN ANONYMOUS TELEPHONE CALL THAT THE RESIDENCE AT 242 NORTHEAST 7TH TERRACE IN CRYSTAL RIVER HAD DRUGS IN THE HOUSE. AT THAT TIME I RESPONDED TO THE RESIDENCE, WHERE I MADE CONTACT WITH THE DEFENDANT'S WIFE. I ADVISED THE WIFE THAT THERE WERE ALLEGATIONS OF DRUG USE IN THEIR HOME. I ASKED HER IF THE ALLEGATIONS WERE TRUE. THE WIFE ADVISED THAT THE DEFENDANT, HER HUSBAND, POSSIBLY MAY HAVE MARIJUANA IN THE HOME. I ASKED THE WIFE IF SHE WOULD MIND RETRIEVING THOSE ITEMS. WHILE WAITING IN THE BACK YARD, THE WIFE ENTERED THE HOME AND RETURNED WITH A RED PUMA TENNIS SHOE BOX CONTAINING SEVERAL PILL BOTTLES OF THE DEFENDANT'S, A SILVER COLORED TRAY, A SMALL PLASTIC SANDWICH BAG CONTAINING WHAT LATER FIELD TESTED POSITIVE FOR MARIJUANA, A SMALL CYLINDRICAL METAL PILL CRUSHER WITH MARIJUANA RESIDUE, AND A PAIR OF SCISSORS USED TO CUT UP THE MARIJUANA. WHEN THE WIFE OPENED THE BOX, THERE WAS A STRONG AROMA OF MARIJUANA. AT THAT TIME THE DEFENDANT CAME TO THE GATE LEADING TO THE BACK YARD AND ADVISED THE WIFE THAT SHE WAS TRYING TO RUIN HIM. I ADVISED THE DEFENDANT TO CALM DOWN AND HAVE A SEAT AT THE WOODEN PICNIC TABLE LOCATED IN THE BACK YARD. I ASKED THE DEFENDANT IF THE ITEMS IN THE BOX BELONGED TO HIM, AND HE SAID, YES. AT THAT TIME MIRANDA RIGHTS WERE GIVEN VIA PREPRINTED CARD . I THEN ASKED THE DEFENDANT IF HE STILL WISHED TO SPEAK WITH ME REFERENCE THIS CASE. HE ADVISED, YES. I ASKED THE DEFENDANT WHAT WAS IN THE SMALL PLASTIC BAG, AND HE ADVISED, "TEA LEAVES". UPON OPENING THE BAG, AND SMELLING ITS CONTENTS, IT EMITTED THE AROMA OF MARIJUANA. I ADVISED THE DEFENDANT THAT THE CONTENTS OF THE BAG WOULD BE FIELD TESTED FOR MARIJUANA. AT THAT TIME THE DEFENDANT ADVISED IT WAS MARIJUANA THAT HAD BEEN IN THAT BOX FOR APPROXIMATELY FIVE YEARS. I ASKED THE DEFENDANT IF THERE WAS ANY OTHER DRUGS OR DRUG PARAPHERNALIA INSIDE THE RESIDENCE, WHICH HE STATED, YES. I THEN ESCORTED THE DEFENDANT INTO HIS HOME, WHERE HE ATTEMPTED TO LOCATE A SMALL BOWL IN HIS UTILITY ROOM. THE DEFENDANT WAS UNABLE TO LOCATE THE ITEM. UPON WALKING BACK TO THE BEDROOM WITH THE DEFENDANT, I ASKED THE DEFENDANT IF THAT WAS HIS AND HIS WIFE'S BEDROOM, AND HE STATED, YES. I THEN ASKED THE DEFENDANT IF HE MINDED IF I SEARCHED THE BEDROOM FOR OTHER DRUGS OR DRUG PARAPHERNALIA, AND HE ADVISED, "GO AHEAD AND LOOK". UPON LOOKING THROUGH THE DRAWERS IN THE LARGE WOODEN DRESSER, I LOCATED ANOTHER SMALL PLASTIC ZIP LOCK BAG WITH MASKING TAPE, WHICH STATED "NUMBER MATCH". INSIDE THE BAG WAS MORE MARIJUANA. I ASKED THE DEFENDANT HOW LONG THIS HAD BEEN IN THE DRAWER AND HE ADVISED, APPROXIMATELY FOUR YEARS. UPON LOCATING THIS BAG, THE DEFENDANT WAS ON HIS TELEPHONE TALKING WITH A RELATIVE. WHEN I REMOVED THE BAG FROM THE DRESSER DRAWER THE DEFENDANT ADVISED HIS RELATIVE, THAT I HAD JUST FOUND HIS "HOME GROWN". I THEN TOOK THE DEFENDANT INTO THE BACK YARD, WHERE THERE WERE SEVERAL FLOWER POTS FULL OF DIRT, WHICH DID NOT CONTAIN ANY PLANTS. I ASKED THE DEFENDANT WHAT HE WAS GROWING IN THE FLOWER POTS, AND HE ADVISED HE GREW VEGETABLES AND WOULD TRANSPLANT THOSE VEGETABLES FROM THE POTS TO A GARDEN ON THE SOUTH SIDE OF THE PROPERTY AGAINST THE PRIVACY FENCE. THERE WAS A SMALL GRASSY AREA BETWEEN THE PATIO THE POTS WERE LOCATED ON, AND THE AREA OF THE GARDEN. WHILE WALKING TOWARD THE GARDEN AREA I OBSERVED, WHAT APPEARED TO BE MARIJUANA PLANTS APPROXIMATELY FIVE TO SIX INCHES TALL, LYING IN THE GRASSY AREA. I THEN RETRIEVED THOSE PLANTS AND PUT THEM ON THE TABLE WITH THE OTHER DRUGS AND PARAPHERNALIA. I ASKED THE DEFENDANT HOW THEY HAD GOTTEN IN THE YARD. THE DEFENDANT SAID SOMEONE MUST HAVE PLAYED A JOKE ON HIM AND PLANTED THE SEEDS IN THE POTS LOCATED ON THE PATIO. HE ADVISED THAT HIS WIFE HAD SEEN THEM ON 060210 AND WANTED THEM REMOVED FROM THE PROPERTY, AND HE HAD PULLED THEM UP AND THREW THEM IN THE YARD. WHILE SPEAKING WITH THE DEFENDANT, THE WIFE ALSO BROUGHT OUT A RED GLASS BONG WHICH ALSO BELONGED TO THE DEFENDANT. HE ADVISED HE HAD THE PIPE FOR APPROXIMATELY 15 YEARS AND IT WAS LAST USED BY HIS WIFE'S UNCLE. AT THAT TIME THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK AND PLACED IN MY PATROL VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY THE MARIJUANA WAS TESTED WITH A FIELD TEST KIT, EMITTING A BLUE COLOR, CONSISTENT WITH MARIJUANA. THE MARIJUANA WAS ALSO WEIGHED AT THE DETENTION FACILITY, BEING APPROXIMATELY 16 GRAMS. ALL ITEMS WILL BE TURNED OVER TO EVIDENCE BY THIS DEPUTY. *NOT-EXEMPT* |
