| Probable cause affidavit: |
SUBMITTED BY: BENTZ, KRISTOPHER 0298 (AR08103249) (0120) did then and there unlawfully HAVE IN HIS POSSESSION A FIREARM or electric weapon or device on or about HIS person, BEING A CONVICTED FELON, to wit: A SAWED OFF SHOTGUN, in violation of Florida Statute 790.23(1)(A). DID HAVE IN HIS POSSESSION OR CONTROL A SHORT BARREL SHOTGUN, AS A CONVICTED FELON, IN VIOLATION OF FLORIDA STATE STATUTE 790.221. did then and there unlawfully HAVE IN HIS POSSESSION A FIREARM/AMMUNITION or electric weapon or device on or about HIS person, BEING A CONVICTED FELON, to wit: A BOX OF 410 SHOTGUN ROUNDS, in violation of Florida Statute 790.23(1)(A). 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: METHAMPHETAMINE AND MARIJUANA, SAID OBJECT BEING SEVERAL GLASS PIPES AND SEVERAL METAL PIPES, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1) (B). ON 051608, YOUR AFFIANT RESPONDED TO 4725 SOUTH OLD FLORAL CITY ROAD IN FLORAL CITY, FLORIDA, TO CONDUCT A NARCOTICS RELATED INVESTIGATION. YOUR AFFIANT HAD PREVIOUSLY RECEIVED INFORMATION FROM A RELIABLE CITIZEN INFORMANT THAT NARCOTIC ACTIVITY HAS BEEN TAKING PLACE AT THE AFOREMENTIONED RESIDENCE BY A SUBJECT KNOWN TO THE CITIZEN INFORMANT AS MR JOSEPH HELLYAR, HEREAFTER REFERRED TO AS DEFENDANT. THE CITIZEN INFORMANT ADDED THAT THE DEFENDANT HAS BEEN EXHIBITING SEVERAL SIDE EFFECTS AND PHYSICAL CHANGES RELATED TO METHAMPHETAMINE ABUSE. PRIOR TO THE EXECUTION OF YOUR AFFIANT'S INVESTIGATION, YOUR AFFIANT DID CONDUCT A CRIMINAL HISTORY CHECK OF THE DEFENDANT AND FOUND THAT THE DEFENDANT HAD BEEN PREVIOUSLY CONVICTED OF A FELONY AND SERVED A PRISON SENTENCE FOR THAT CRIME. UPON ARRIVAL TO THE RESIDENCE, YOUR AFFIANT MADE CONTACT WITH THE DEFENDANT AT THE MAIN EXIT/ENTRY WAY TO THE RESIDENCE AND INTRODUCED MYSELF BY NAME AND RANK AND PRODUCED A GOLD SHERIFF'S OFFICE DETECTIVE'S BADGE THAT I HAD AFFIXED TO MY DUTY HARNESS. YOUR AFFIANT INFORMED THE DEFENDANT OF THE COMPLAINT THAT I HAD RECEIVED AND ASKED HIM IF THERE ANY TRUTH TO THE ALLEGATIONS. THE DEFENDANT STATED THAT HE MAY HAVE SOME MARIJUANA PARAPHERNALIA IN HIS BEDROOM AND POSSIBLY A METHAMPHETAMINE SMOKING PIPE. YOUR AFFIANT ASKED THE DEFENDANT FOR CONSENT TO ENTER THE RESIDENCE IN ORDER TO OBTAIN THE DRUG PARAPHERNALIA THAT THE DEFENDANT MENTIONED, AND THE DEFENDANT GRANTED PERMISSION. UPON ENTERING THE DEFENDANT'S BEDROOM YOUR AFFIANT IMMEDIATELY NOTICED SEVERAL BAGGIES CONTAINING A RESIDUAL CRYSTALLINE POWDER AS WELL AS WHAT APPEARED TO BE A SAWED-OFF SHOTGUN THAT HAD BEEN PAINTED RED. FOR OFFICER SAFETY, YOUR AFFIANT TOOK THE SUSPECTED SAWED-OFF SHOTGUN INTO MY POSSESSION AND FOUND IT TO BE UNLOADED, HOWEVER THE WAS A BOX OF .410 SHOTGUN ROUNDS LYING IN PLAIN VIEW NEXT TO THE DEFENDANT'S BED. YOUR AFFIANT THEN READ THE DEFENDANT HIS MIRANDA RIGHTS FROM A PREPARED TEXT, AND THE DEFENDANT ADVISED THAT HE UNDERSTOOD HIS RIGHTS, WAIVED HIS RIGHT TO LEGAL COUNSEL AND AGREED TO SPEAK WITH YOUR AFFIANT REGARDING MY FINDINGS. YOUR AFFIANT ASKED THE DEFENDANT IF HE WAS AWARE THAT HE WAS NOT PERMITTED TO BE IN POSSESSION OF ANY FIREARMS SINCE HE HAD BEEN PREVIOUSLY CONVICTED OF A FELONY AND THE DEFENDANT ADVISED THAT HE WAS AWARE OF THAT AND THAT HE HAD OBTAINED THE SHOTGUN FROM AN ACQUAINTANCE OF HIS SO THAT HE COULD REPAIR THE FIREARM FOR HIS FRIEND. YOUR AFFIANT THEN ASKED THE DEFENDANT AS TO WHY HE HAD AMMUNITION FOR THE FIREARM AND HE ADVISED THAT HE HAD THE AMMUNITION SO THAT HE COULD TEST FIRE THE SHOTGUN AFTER HE REPAIRED IT. YOUR AFFIANT THEN ASKED THE DEFENDANT WHERE THE CANNABIS AND METHAMPHETAMINE PIPES THAT HE EARLIER ADMITTED TO POSSESSING WERE, AND THE DEFENDANT POINTED TO THE HEADBOARD OF HIS BED AND STATED, "THEY'RE RIGHT THERE". YOUR AFFIANT OBSERVED SEVERAL GLASS PIPES UTILIZED FOR SMOKING METHAMPHETAMINE AS WELL AS SEVERAL METAL PIPES UTILIZED FOR SMOKING CANNABIS, ALL OF WHICH HAD BURNT RESIDUE FROM PREVIOUS USE. AT THAT TIME, YOUR AFFIANT PLACED THE DEFENDANT UNDER ARREST AND TURNED HIM OVER TO THE CUSTODY OF DEPUTY WEEKS FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY, WHERE UPON THE DEFENDANT'S ARRIVAL, HIS BOND WAS SET IN ACCORDANCE TO THE BOND SCHEDULE. THE NARCOTIC RELATED EVIDENCE AS WELL AS THE FIREARM WAS SEIZED, PACKAGED AND SUBSEQUENTLY ENTERED INTO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE VAULT. *NOT-EXEMPT* |
