| Probable cause affidavit: |
SUBMITTED BY: AGUILERA, EMANUEL 1238 (AR16-19024) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO-WIT: APPROXIMATELY THREE POUNDS AND 15 OUNCES OF CANNABIS, WITH THE INTENT TO SELL MANUFACTURE OR DELIVER THE SAID SUBSTANCE TO ANOTHER PERSON, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(2). ON 041316 AT APPROXIMATELY 1038 HOURS, MYSELF AND DEPUTY CRUZ (0517) WERE DISPATCHED TO 905 NE 7TH AVENUE, CRYSTAL RIVER, IN REFERENCE TO AN ANONYMOUS TIP THAT A MS SARAH GARRISON AS WELL AS A MR JOSEPH BYRD, WERE CULTIVATING CANNABIS INSIDE THEIR RESIDENCE. UPON ARRIVAL, I MADE CONTACT WITH MR JOSEPH BYRD, LATER IDENTIFIED AS THE DEFENDANT, AT THE FRONT DOOR OF THE RESIDENCE, AS WELL AS MS SARAH GARRISON, LATER IDENTIFIED AS THE WITNESS. UPON SPEAKING WITH THE DEFENDANT AND THE WITNESS, I ADVISED THEM BOTH THAT WE HAD RECEIVED AN ANONYMOUS TIP THAT THEY WERE CULTIVATING CANNABIS INSIDE THE RESIDENCE. UPON SPEAKING WITH THEM, I ASKED THEM IF THEY WOULD CONSENT FOR US TO WALK THROUGH THE RESIDENCE WITH THEM. UPON WALKING THROUGH THE RESIDENCE, THIS DEPUTY COULD SMELL A STRONG ODOR OF CANNABIS COMING FROM THE SOUTHEAST BEDROOM OF THE RESIDENCE, WHICH WAS AT THE END OF A HALLWAY. I OBSERVED THE DOOR TO HAVE A DEADBOLT LOCK ON IT; HOWEVER, THERE WERE KEYS INSIDE THE DEADBOLT. I ASKED MR BYRD WHAT WAS LOCATED INSIDE THAT ROOM, WHERE MR BYRD IMMEDIATELY ADVISED THAT THERE WERE A FEW MARIJUANA PLANTS INSIDE THE BEDROOM AND THEY WERE ALL HIS. I ASKED MR BYRD IF HE COULD SHOW US THE INSIDE OF THE ROOM, AT WHICH TIME, MR BYRD OPENED UP THE BEDROOM WHERE IMMEDIATELY THE ODOR OF MARIJUANA WAS EXTREME. I OBSERVED THROUGH MY TRAINING AND EXPERIENCE WHAT LOOKED TO BE A SMALL BLACK GROW HOUSE TENT ON THE LEFT SIDE OF THE BED. INSIDE THE BLACK GROW HOUSE TENT THERE WAS A HYDROPONIC LIGHT AND LIGHT BULB AND APPROXIMATELY 30 SMALL PLANTS. I THEN ASKED THE DEFENDANT IF THERE WAS ANY OTHER DRUGS IN THIS RESIDENCE, TO WHICH HE ADVISED THAT HE HAD TWO OTHER LARGE BLACK GROW TENTS INSIDE THE CLOSET IN THIS BEDROOM. INSIDE THE CLOSET, I OBSERVED THERE TO BE TWO SEPARATE LARGE BLACK GROW HOUSE TENTS. THE ONE TO THE LEFT HAD SEVEN PLANTS AND THE ONE TO THE RIGHT HAD 11 PLANTS. THE PLANTS WERE APPROXIMATELY TWO TO THREE FOOT TALL INSIDE EACH OF THE CLOSET GROW HOUSE TENTS. I THEN READ THE DEFENDANT AND THE WITNESS THEIR MIRANDA RIGHTS VIA A PREPRINTED CARD, WHERE BOTH SUBJECTS AGREED TO SPEAK WITH ME. WHEN ASKING THE DEFENDANT ABOUT THE CANNABIS, HE ADVISED THAT HE WAS THE ONE THAT GREW IT AND HIS GIRLFRIEND/WITNESS, MS GARRISON, HAD NOTHING TO DO WITH THE GROWING OF THE CANNABIS AND THAT HE TOOK FULL RESPONSIBILITY FOR IT. I THEN ASKED THE DEFENDANT IF HE SOLD THE CANNABIS TO MAKE SOME EXTRA MONEY, TO WHICH HE ADVISED THIS DEPUTY THAT HE DID NOT SELL IT, IT WAS FOR PERSONAL USE DUE TO HIM HAVING MEDICAL ISSUES AND NOT HAVING INSURANCE. I THEN ASKED THE WITNESS ABOUT THE CANNABIS, WHERE SHE ADVISED THAT SHE WAS NOT INVOLVED IN THE GROWING OF THE CANNABIS; HOWEVER, SHE DID SMOKE DUE TO MEDICAL ISSUES. WHILE IN THE ROOM, I ALSO NOTICED THERE TO BE ONE PLASTIC MARIJUANA BONG AND TWO GLASS MARIJUANA PIPES, WHICH THE DEFENDANT ALSO ADMITTED THAT THEY WERE HIS AND THAT HE USED THEM TO SMOKE MARIJUANA. I ASKED THE DEFENDANT HOW LONG HE HAD BEEN GROWING CANNABIS. HE ADVISED THAT HE HAD ONLY BEEN GROWING IT FOR A SHORT PERIOD OF TIME. I ASKED THE DEFENDANT HOW HE HAD LEARNED HOW TO GROW, WHERE HE ADVISED THAT HE HAD LOOKED IT UP ON YOUTUBE. DEPUTY STOKES (0736) RESPONDED TO MY LOCATION, WHERE HE TOOK PHOTOGRAPHS AND COLLECTED EVIDENCE (THE PLASTIC BONG, TWO GLASS PIPES, AND THE GROW HOUSE TENTS), WHICH WAS TURNED IN TO EVIDENCE. DETECTIVE LUDLOW (0214) RESPONDED AND COLLECTED ALL OF THE MARIJUANA PLANTS, WEIGHED THEM, AND TURNED THEM IN TO EVIDENCE. THE TOTAL WEIGHT FOR THE MARIJUANA WAS APPROXIMATELY THREE POUNDS AND 15 OUNCES. A PERMISSION TO SEARCH FORM WAS ALSO COMPLETED AND TURNED IN TO RECORDS, WHICH WAS SIGNED BY BOTH THE WITNESS AND THE DEFENDANT. I ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST WHERE HE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND TURNED OVER TO STAFF FOR BOOKING AND PROCESSING. DUE TO HIS HONESTY AND COOPERATION HE WAS RELEASED ON HIS OWN RECOGNIZANCE (ROR). NO FURTHER ACTION BY THIS DEPUTY. |
