| Probable cause affidavit: |
SUBMITTED BY: HAYNES, TRAVIS 0546 (AR10112826) DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN IN A STRUCTURE OR CONVEYANCE WHICH HE HAD BEEN TRESPASSED FROM, TO WIT: 18 SOUTH OSCEOLA, THE PROPERTY OF THE VICTIM, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT, IN VIOLATION OF FLORIDA STATE STATUTES 810.08(1): 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 PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B). ON 011410, I VIEWED AN EMAIL IN REFERENCE TO THE DEFENDANT (MR JOSEPH DENUNZIO, JR). THE EMAIL CONCERNED CONTACTING the DEFENDANT TO UPDATE ANY INFORMATION DUE TO THE FACT HE WAS ON PROBATION AND A PERSON OF INTEREST. KNOWING THE DEFENDANT USED TO LIVE AT 18 SOUTH OSCEOLA STREET, I RESPONDED THERE TO SEE IF I COULD GET ANY NEW INFORMATION FROM RESIDENTS OF NEIGHBORS. DEPUTY MUTTER AND I ARRIVED AT the HOME AND IT APPEARED TO BE ABANDONED. ONE OF THE FRONT WINDOWS HAD BEEN BROKEN OUT FROM the INSIDE AND THERE DID NOT APPEAR TO BE ANY FURNITURE in the HOME. I WALKED TO REAR OF HOME WHERE I found REAR DOOR UNSECURED. AT THAT TIME, I OPENED the DOOR and YELLED, "SHERIFF'S OFFICER. IS ANYBODY IN THERE?" I REMOVED MY AGENCY ISSUED GLOCK MODEL 22 HANDGUN FROM ITS HOLSTER AND ENTERED THE RESIDENCE TO MAKE SURE WHOMEVER HAD DAMAGED THE RESIDENCE WAS NOT STILL INSIDE before I ATTEMPTED TO CONTACT OWNER AND RE-SECURE THE HOME. AS I ENTERED, I AGAIN IDENTIFIED MYSELF IN A LOUD, CLEAR VOICE. AFTER, I CHECKED THE KITCHEN AND GARAGE AREA DEPUTY MUTTER PROCEEDED TO CHECK BEDROOM ON NORTH SIDE OF HOME. DEPUTY MUTTER ENTERED the NORTHEAST BEDROOM WHERE I COULD SEE TWO BLANKETS AND PILLOWS ON the FLOOR AS IF MADE TO SLEEP ON. DEPUTY MUTTER LOCATED the DEFENDANT and CODEFENDANT in the ADJACENT BATHROOM TO THAT BEDROOM. BOTH WERE TAKEN TO LIVING ROOM WHERE THEY WERE SEARCHED FOR WEAPONS, WHICH WAS MET with NEGATIVE RESULTS. WHILE DEPUTY MUTTER REMAINED WITH THE DEFENDANTS, I WENT BACK TO the BEDROOM WHERE I OBSERVED A BLUE METAL PIPE ON the FLOOR NEAR A RED AND BLACK BACK PACK. THE PIPE HAD AN ODOR which THIS DEPUTY IDENTIFIED AS MARIJUANA THROUGH MY TRAINING AND EXPERIENCE. WHEN I EXAMINED the PIPE IT HAD BURNT MARIJUANA RESIDUE INSIDE. I RESPONDED BACK TO the LIVING ROOM AND DETERMINED THE RED AND BLACK PACK BELONGED TO THE CODEFENDANT. AS I HELD THE PIPE UP IN FRONT OF THE DEFENDANTS, I ADVISED THE CODEFENDANT THAT I HAD LOCATED THE PIPE BY HIS BACK PACK. THE DEFENDANT SPONTANEOUSLY UTTERED "THAT'S MINE." THE DEFENDANT WAS LATER READ HIS MIRANDA WARNING RIGHTS, TO WHICH HE ADVISED HE UNDERSTOOD AND DID WISH TO SPEAK WITH ME. I ADVISED HIM THE ONLY ILLEGAL PROPERTY I HAD found in the BEDROOM WAS the PIPE AND ASKED HIM AGAIN WHOSE IT WAS. THE DEFENDANT AGAIN TOLD ME IT WAS HIS PIPE. BOTH DEFENDANTS WERE PLACED IN REAR OF my PATROL VEHICLE AND CONTACT WAS MADE WITH REMAX AGENT IN CHARGE OF THE PROPERTY. that AGENT ACTING FOR BANK UNITED, WHICH IS THE OWNER OF THE PROPERTY, STATED HE DID want TO PRESS CHARGES AND FURTHER ADVISED THAT THE DEFENDANT HAD SIGNED A PAPER TURNING the PROPERTY OVER TO the BANK. WHEN THAT PAPER WAS SIGNED THE DEFENDANT HAD RECEIVED $2,000.00 FROM THE BANK TO HELP HIM GET ANOTHER PLACE TO LIVE. THIS DEPUTY WILL LATER RESPOND TO THE REMAX OFFICE AND COLLECT THAT DOCUMENT WHICH WAS SIGNED BY THE DEFENDANT AND TURN INTO RECORDS. THIS DEPUTY CONTACTED THE STATE ATTORNEY'S OFFICE AND SPOKE WITH ONE OF THE STATE PROSECUTORS. I WAS ADVISED THAT DEFENDANTS WOULD BE CHARGED with TRESPASS REFERENCE TO THEM ENTERING the HOME. THE DEFENDANTS WERE THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. AFTER ARRIVAL AT THE JAIL, CONTACT WAS ATTEMPTED WITH THE DEFENDANT'S PROBATION OFFICER. THE DEFENDANT PROBATION OFFICER WAS IN COURT THEREFORE CONTACT WAS MADE WITH PROBATION OFFICER'S SUPERVISOR. I ADVISED HIM OF THIS ARREST AND HE ADVISED TO GO AHEAD AND VIOLATE the DEFENDANT PER HIS FELONY PROBATION BOND SET AT . THE DEFENDANT WAS ALSO CHARGED WITH TRESPASS AND POSSESSION OF DRUG PARAPHERNALIA WITH TOTAL BOND SET AT $1,000.00. *NOT-EXEMPT* |
