| Probable cause affidavit: |
SUBMITTED BY: HILBERER, BRIAN 0440 (AR07004994) DID UNLAWFULLY SELL, MANUFACTURER, OR DELIVER, OR POSSESS, WITH THE INTENT TO SELL, MANUFACTURER, OR DELIVER, A CONTROLLED SUBSTANCE, TO WIT: ATTEMPTED MANUFACTURING OF METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(1)(A)(1), AND ON 090807, AT APPROXIMATELY 1120 HOURS, I RESPONDED TO 2555 EAST MARY LUE STREET, LOT E, IN REFERENCE TO A SECURITY CHECK. DISPATCH ADVISED THAT AN ANONYMOUS CALLER HAD CALLED 9-1-1 AND ADVISED THERE WERE TWO MARIJUANA PLANTS ON THE FRONT PORCH. UPON ARRIVAL, I APPROACHED THE FRONT PORCH AREA AND I OBSERVED THAT THERE WAS A MARIJUANA PLANT GROWING IN A SMALL POT SETTING ON THE RAILING OF THE PORCH AREA. THE PLANT WAS APPROXIMATELY TWELVE INCHES TALL AND IT APPEARED AS IF SOMEONE HAD BEEN TRIMMING THE LEAVES ON IT AND WATERING THE SOIL. I KNOCKED ON THE DOOR AND MADE CONTACT WITH THE TENANT OF THE RESIDENCE AND EXPLAINED THE REASON I WAS AT THE RESIDENCE. THE CO-DEFENDANT ALSO CAME OUT OF THE RESIDENCE AND WHILE SPEAKING WITH THE CO-DEFENDANT AND THE TENANT, THE CO-DEFENDANT GAVE VERBAL ADMISSION THAT THE MARIJUANA PLANT BELONGED TO HIM. THE CO-DEFENDANT ALSO GAVE VERBAL ADMISSION THAT HE HAS BEEN TRIMMING THE PLANT, WATERING THE PLANT AND MAINTAINING THE PLANT. AT THAT POINT, I REQUESTED FOR ANOTHER UNIT TO RESPOND TO MY LOCATION, AT WHICH TIME, CORPORAL CONLEY AND DEPUTY DAVIS ARRIVED ON SCENE. I ADVISED THEM OF WHAT I HAD DISCOVERED. THE CO-DEFENDANT AGAIN, IN THE PRESENCE OF DEPUTY DAVIS AND CORPORAL CONLEY, GAVE VERBAL ADMISSION THAT THE MARIJUANA PLANT WAS HIS. I THEN SPOKE WITH THE TENANT AND ASKED IF THERE WAS ANY OTHER TYPE OF ILLEGAL NARCOTIC OR CONTRABAND IN THE RESIDENCE, TO WHICH SHE AND THE CO-DEFENDANT ADVISED THERE WERE SOME MARIJUANA PIPES AND ROLLING PAPERS IN THE RESIDENCE. I ASKED THE TENANT FOR CONSENT TO SEARCH HER RESIDENCE, TO WHICH SHE GAVE VERBAL CONSENT. THE TENANT ALSO SIGNED A "CONSENT TO SEARCH" FORM ALLOWING HER RESIDENCE TO BE SEARCHED. UPON ENTERING THE RESIDENCE, THE CO-DEFENDANT WALKED US TO THE REAR BEDROOM WHICH WAS LOCATED ON THE WEST END OF THE RESIDENCE WHERE THE DEFENDANT PRODUCED TWO METAL PIPES AND A BLACK GLASS BONG, ALL CONTAINING RESIDUE AND ALL USED TO SMOKE MARIJUANA. ALSO OBSERVED ON THE NIGHT STAND IN PLAIN VIEW WAS A CLEAR PLASTIC BAGGIE WHICH CONTAINED A CRYSTAL POWDERY RESIDENCE, WHICH I BELIEVED TO BE CRYSTAL METHAMPHETAMINE. WHILE IN THE BEDROOM, I OBSERVED IN THE SOUTHWEST CORNER AN APPROXIMATE THREE FOOT BY THREE FOOT PORTION OF WALL THAT PROTRUDED OUT FROM THE CORNER OF THE ROOM. WHEN I ASKED THE CO-DEFENDANT WHAT WAS BEHIND THAT PORTION OF THE WALL, HE STATED THE WATER HEATER WAS BEHIND THE WALL. I ASKED THE CO-DEFENDANT HOW THE HOT WATER HEATER WAS ACCESSED AND HE STATED THAT THE WOOD PANELS WERE ALL SCREWED DOWN. I OBSERVED THAT THE WOOD PANELING WAS LOOSE AND ONLY SECURED WITH ONE SCREW, AND UPON PULLING BACK THE WOOD PANELING TO LOOK INTO THE ENCLOSED AREA, I OBSERVED A HOT WATER HEATER. I ALSO OBSERVED A BLACK DUFFEL BAG AND A GREEN PORTABLE PROPANE STOVE. THE DUFFEL BAG WAS PARTIALLY OPEN, AND I COULD SEE A PACKAGE OF COTTON BALLS AND THE TOP OF A BOTTLE OF AN UNKNOWN SUBSTANCE. AT THAT POINT, I ADVISED CORPORAL CONLEY WHAT I HAD DISCOVERED. UPON MOVING SOME OF THE ITEMS WHICH WERE LEANING UP AGAINST THE PANELING, THE PANELING WAS ABLE TO BE MOVED, AND UPON REMOVING THE PANELING, I DISCOVERED THREE DUFFEL BAGS (TWO BLACK AND ONE BLUE). UPON LOOKING INTO THE FIRST BLACK DUFFEL BAG, I OBSERVED A METAL PLATE WITH BURNS ON IT AND METHAMPHETAMINE RESIDUE. IN THE SECOND BLACK BAG, I DISCOVERED A METAL CONTAINER OF DENATURED ALCOHOL, A PLASTIC BOTTLE OF 70 PERCENT ISOPROPYL ALCOHOL, TWO BOXES OF 1,000 COUNT WINN DIXIE MATCHES, A PACKAGE OF COTTON BALLS, A PH TEST KIT, RUBBER GLOVES, SIXTEEN 29 GAUGE SYRINGES, THREE GLASS PYREX DISHES WITH METHAMPHETAMINE RESIDUE ON THEM, AND A TEAR-DROP SHAPED GLASS VILE WHICH HAD A RED RESIDUE AT THE BOTTOM, WHICH I BELIEVED TO BE A RED PHOSPHORUS RESIDUE. IN THE BLUE DUFFEL BAG, I OBSERVED A PACKAGE OF COFFEE FILTERS, A PLASTIC BOTTLE OF 91 PERCENT ISOPROPYL ALCOHOL, A PLASTIC FUNNEL, COTTON BALLS, RAZOR BLADES, AND A WHITE PLASTIC BOTTLE OF DRAIN CLEANER. BASED ON MY TRAINING AND EXPERIENCE, I KNEW ALL THESE ITEMS TO BE COMPONENTS USED IN THE MANUFACTURING OF METHAMPHETAMINE. AT THAT POINT, CORPORAL CONLEY AND I CLEARED THE BEDROOM, LEAVING THE ITEMS ON THE BED. I AGAIN MADE CONTACT WITH THE TENANT AND ADVISED HER WHAT WE HAD DISCOVERED, AT WHICH TIME, THE CO-DEFENDANT SPOKE UP AND GAVE VERBAL ADMISSION THAT THE ITEMS THAT WERE DISCOVERED BELONGED TO HIM AND THAT THEY WERE USED TO MANUFACTURE METHAMPHETAMINE. ALL PARTIES THAT WERE PRESENT IN THE RESIDENCE WERE THEN DETAINED, INCLUDING THE DEFENDANT, MR JOSHUA BROSEY. WHILE DEPUTY DAVIS WAS SECURING THE DEFENDANT IN THE BACK OF HIS PATROL VEHICLE, THE DEFENDANT GAVE VERBAL ADMISSION THAT THE ITEMS DISCOVERED IN THE DUFFEL BAGS BELONGED TO HIM AND THEY WERE USED TO MANUFACTURE METHAMPHETAMINE. AT THAT POINT, DETECTIVE BENTZ, WITH THE CITRUS COUNTY SHERIFF'S OFFICE METHAMPHETAMINE TASK FORCE, WAS CONTACTED IN REFERENCE TO THE ITEMS THAT HAD BEEN DISCOVERED, AND HE ADVISED HE WOULD RESPOND TO THE SCENE. UPON DETECTIVE BENTZ RESPONDING TO THE SCENE, HE ENTERED THE RESIDENCE AND CONFIRMED THAT THE ITEMS DISCOVERED WERE COMPONENTS USED TO MANUFACTURE METHAMPHETAMINE. THE DEFENDANT AND CO-DEFENDANT WERE ADVISED OF THEIR MIRANDA RIGHTS, AND THEY BOTH ADVISED THAT THEY UNDERSTOOD THEIR RIGHTS. POST MIRANDA, DETECTIVE BENTZ SPOKE WITH BOTH DEFENDANTS SEPARATELY . DETECTIVE BENTZ ADVISED THAT BOTH DEFENDANTS GAVE VERBAL ADMISSION THAT THE ITEMS DISCOVERED IN THE DUFFEL BAGS WERE THEIRS AND THAT THEY WERE USED TO MANUFACTURE METHAMPHETAMINE TO SUPPORT THEIR HABIT. DETECTIVE BENTZ ALSO STATED THE CO-DEFENDANT HAD ADVISED HIM THAT THEY BOTH ASSISTED IN THE MANUFACTURING OF THE METHAMPHETAMINE. DETECTIVE BENTZ STATED THAT THE CO-DEFENDANT STATED HE LEARNED HOW TO MANUFACTURE METHAMPHETAMINE FROM AN ACQUAINTANCE HE HAD MET IN JAIL. THE SCENE WAS THEN TURNED OVER TO DETECTIVE BENTZ, WHERE HE FIELD TESTED SEVERAL OF THE ITEMS DISCOVERED, WHICH DID TEST POSITIVE FOR METHAMPHETAMINE. DETECTIVE BENTZ THEN CONTACTED THE CITRUS COUNTY HAZMAT TEAM TO RESPOND TO THE SCENE. UPON ARRIVAL, THE HAZMAT TEAM PROPERTY DISPOSED OF THE COMPONENTS. IT SHOULD BE NOTED THAT THE PIPES AND BONG THAT HAD BEEN DISCOVERED WERE ALSO DISPOSED OF BY THE HAZMAT TEAM DUE TO THEM BEING IN THE CLOSE VICINITY TO WHERE THE COMPONENTS HAD BEEN DISCOVERED. THE MARIJUANA PLANT WAS TAKEN AND LATER PLACED IN EVIDENCE. BOTH DEFENDANTS WERE PLACED UNDER ARREST AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. THE DEFENDANT'S BOND WAS SET AT $10,000.00 PER THE BOND SCHEDULE. THE DEPARTMENT OF JUVENILE JUSTICE WAS CONTACTED AND THEY ADVISED TO RELEASE THE JUVENILE INTO THE CUSTODY OF HIS PARENT. *NOT-EXEMPT* |
