| Probable cause affidavit: |
SUBMITTED BY: CALLAHAN, CRAIG 0643 (AR12-520) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO-WIT: MARIJUANA, WITH THE INTENT TO SELL THE SAID SUBSTANCE TO ANOTHER PERSON, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(1); (AND) DID UNLAWFULLY ALTER, DESTROY, CONCEAL OR REMOVE ANY RECORD DOCUMENT OR THING TO WIT: A BAG OF MARIJUANA WITH THE PURPOSE TO IMPAIR ITS VERITY OR AVAILABILITY IN SUCH PROCEEDING OR INVESTIGATION, TO WIT: BY FLUSHING THE MARIJUANA DOWN THE TOILET, IN VIOLATION OF FSS 918.13(1)(A) ON 033012, MEMBERS OF THE CITRUS COUNTY SHERIFFâS OFFICE COMMUNITY CRIMES UNIT EXECUTED A LAWFUL SEARCH WARRANT AT THE DISTINCT ADDRESS OF 327 SOUTH U S HIGHWAY 41, LOT 53, IN INVERNESS IN CITRUS COUNTY, FLORIDA. THE SEARCH WARRANT HAD PREVIOUSLY BEEN REVIEWED AND GRANTED BY THE HONORABLE JUDGE MARK YERMAN, CIRCUIT JUDGE IN AND FOR CITRUS COUNTY, FLORIDA. AT APPROXIMATELY 0915 HOURS, THE COMMUNITY CRIMES UNIT SERVED SAID WARRANT AT 327 SOUTH U S HIGHWAY 41, LOT 53, IN INVERNESS AND WHILE SERVING THE SEARCH WARRANT MYSELF AND OTHER MEMBERS APPROACHED THE FRONT OF THE RESIDENCE, WHERE WE OBSERVED A BLACK MALE, LATER IDENTIFIED AS ANDRE WILLIAMS SITTING ON A CHAIR ON THE FRONT PORCH. MR WILLIAMS WAS IMMEDIATELY HANDCUFFED BEHIND HIS BACK. UPON GETTING CLOSER TO THE FRONT DOOR THE OTHER MEMBERS OF THE UNIT AND I ANNOUNCED âSHERIFFâS OFFICE, SEARCH WARRANT, COME TO THE DOORâ, MULTIPLE TIMES. WHILE DOING SO, I COULD HEAR MOVEMENT FROM WITHIN THE INTERIOR OF THE RESIDENCE AND AFTER A SHORT TIME THE FRONT DOOR WAS OPENED BY DEFENDANT TWO, LATER IDENTIFIED AS MS AMBER MUCKLOW. UPON THE FRONT DOOR OPENING, I OBSERVED A BLACK MALE WHO WAS LATER IDENTIFIED AS THE DEFENDANT, MR JOSHUA CARTER, STEPPING OUT OF THE BATHROOM WHICH WAS DIRECTLY BEHIND THE FRONT DOOR OF THE RESIDENCE. BOTH SUBJECTS WERE IMMEDIATELY TAKEN INTO CUSTODY AND HANDCUFFED BEHIND THEIR BACK. UPON DOING SO, THE REMAINDER OF THE RESIDENCE WAS cleared, WHERE DEFENDANT MUCKLOWâS TWO JUVENILE CHILDREN WERE ALSO LOCATED IN THE REAR OF THE RESIDENCE. UPON ENTERING THE BATHROOM WHERE DEFENDANT CARTER HAD BEEN SEEN EXITING, I COULD SMELL A STRONG PUNGENT ODOR OF WHAT I IMMEDIATELY IDENTIFIED TO BE THAT OF MARIJUANA, EMITTING FROM INSIDE THE BATHROOM. FURTHERMORE, THE TOILET IN THE BATHROOM WAS CLOGGED AND THE WATER WAS STILL RUNNING, AS THOUGH THE TOILET HAD JUST BEEN FLUSHED. I ALSO OBSERVED WATER SPLASHED ALL OVER THE TOILET AND IN THE BATHROOM, AS THOUGH SOMETHING HAD JUST BEEN FLUSHED DOWN THE TOILET. UPON TAKING ALL SUBJECTS AT THE RESIDENCE INTO CUSTODY THE SEARCH WARRANT WAS IMMEDIATELY READ, AS WELL AS MIRANDA WARNINGS VIA PREPRINTED AGENCY CARD. ALL SUBJECTS, INCLUDING MR CARTER AND MS MUCKLOW ADVISED THEY UNDERSTOOD THEIR RIGHTS AND WOULD SPEAK TO THIS DETECTIVE. UPON SPEAKING TO DEFENDANT CARTER, DURING A DIGITALLY RECORDED INTERVIEW, HE ADMITTED TO ME THAT UPON HEARING US ANNOUNCE OUR PRESENCE, AND AFTER BEING TOLD BY DEFENDANT MUCKLOW THAT, âTHE COPS ARE HEREâ, HE RAN TO THE BATHROOM AND FLUSHED A BAG OF MARIJUANA DOWN THE TOILET. DEFENDANT CARTER ALSO ADMITTED THAT HE SELLS MARIJUANA ON A REGULAR BASIS AS A SOURCE OF INCOME AND ADVISED THAT THE MARIJUANA HE FLUSHED WAS A HIGHER GRADE, HYDROPONICALLY GROWN, STRAIN OF MARIJUANA; HOWEVER, I WOULD ALSO LOCATE ANOTHER BAG OF LOWER GRADE MARIJUANA IN A CABINET ABOVE THE TOILET IN THE BATHROOM. UPON REMOVING THE TOILET FROM THE FLOOR, DETECTIVE MARSHALL LOCATED A CLEAR PLASTIC ZIP LOCK BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE, WHICH WAS LATER FIELD TESTED AND TESTED POSITIVE FOR THE PRESENCE OF CANNABIS AND DETERMINED TO HAVE A WET WEIGHT OF 32.5 GRAMS, WHICH WAS FOUND IN THE PIPE CONNECTED TO THE TOILET. ALSO FOUND BY THIS DETECTIVE WAS ANOTHER CLEAR PLASTIC BAGGIE OF MARIJUANA, WHICH LATER FIELD TESTED POSITIVE AND WAS DETERMINED TO HAVE AN APPROXIMATE WEIGHT OF 15.5 GRAMS, FOUND IN THE EXACT LOCATION DEFENDANT CARTER ADVISED THAT I WOULD LOCATE IT. ALSO LOCATED, SITTING NEXT TO THE MARIJUANA IN THE CABINET, WAS A DIGITAL SCALE, WHICH IS COMMONLY USED FOR THE SALE OF ILLEGAL NARCOTICS. FURTHERMORE, MULTIPLE ITEMS OF DRUG PARAPHERNALIA, TO INCLUDE PLASTIC BAGGIES WHICH ARE ALSO COMMONLY USED TO DISPENSE MARIJUANA, WERE FOUND THROUGHOUT THE MASTER BEDROOM AND BATHROOM AREA OF THE RESIDENCE. IN ADDITION, A SECURITY CAMERA WAS ALSO LOCATED IN A BOX WITHIN THE RESIDENCE. UPON QUESTIONING DEFENDANT CARTER AS TO WHY HE WOULD HAVE A SECURITY CAMERA, HE ADVISED THAT IT WAS USED TO ASSIST HIM IN HIS DRUG TRANSACTIONS AND ALSO BECAUSE HE HAS BEEN âROBBEDâ ON MULTIPLE OCCASIONS. ALSO LOCATED IN THE RESIDENCE WAS A BOOST MOBILE CELL PHONE, WHICH DEFENDANT CARTER ADMITTED BELONGED TO HIM AND ALSO PROVIDED THE SECURITY CODE TO ACCESS THE PHONE. UPON READING MULTIPLE TEXT MESSAGES IT WAS DETERMINED THERE WERE NUMEROUS CONVERSATIONS BETWEEN DEFENDANT CARTER AND OTHER SUBJECTS, REFERRING TO THE SALE OF MARIJUANA. I THEN SPOKE WITH DEFENDANT AMBER MUCKLOW, POST MIRANDA, WHERE A DIGITALLY RECORDED INTERVIEW WAS CONDUCTED. UPON SPEAKING TO HER, SHE ADMITTED THAT SHE KNEW OF THE MARIJUANA TRANSACTIONS OCCURRING withIN HER RESIDENCE. DEFENDANT MUCKLOW ADMITTED TO FREQUENTLY ASSISTING MR CARTER IN THE SALES OF NARCOTICS. DEFENDANT MUCKLOW ADVISED ME THAT SHE WOULD PROVIDE MARIJUANA TO UNKNOWN SUBJECTS FOR MONEY AND HAS DONE SO ON MULTIPLE OCCASIONS WITHIN THE LAST COUPLE OF WEEKS. DEFENDANT MUCKOW ALSO ADVISED THAT SHE AND DEFENDANT CARTER HAD DEVISED A PLAN WHERE IT WAS AGREED UPON THAT IF THE POLICE CAME TO THEIR RESIDENCE THEY WOULD FLUSH THE MARIJUANA DOWN THE TOILET. CONTACT WAS ALSO MADE WITH ANDRE WILLIAMS WHERE A DIGITALLY RECORDED INTERVIEW WAS CONDUCTED. UPON SPEAKING WITH HIM HE ADVISED THAT HE DID NOT KNOW OF THE DRUG ACTIVITY THAT WAS OCCURRING AT THE RESIDENCE, HOWEVER, ADVISED THAT IT IS NOT UNCOMMON FOR THERE TO BE A LOT OF TRAFFIC IN AND OUT OF THE RESIDENCE FOR SHORT PERIODS OF TIME. AT THAT TIME I ADVISED BOTH DEFENDANTS THAT THEY WERE BEING PLACED UNDER ARREST FOR THE ABOVE LISTED CHARGES. BOTH DEFENDANTS WERE PLACED IN THE REAR SEAT OF A MARKED PATROL UNIT AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL DEFENDANT CARTERâS BOND WAS SET AT $10,000.00 PER THE BOND SCHEDULE. MS MUCKLOWâS BOND WAS SET AT $5,000.00 PER THE BOND SCHEDULE. ALL EVIDENCE WAS COLLECTED AND LATER TURNED OVER TO CITRUS COUNTY SHERIFFâS OFFICE EVIDENCE. CONTACT WAS MADE WITH DEPARTMENT OF CHILDREN AND FAMILIES WHERE A REPORT WAS GENERATED DUE TO THERE BEING JUVENILE CHILDREN AT THE RESIDENCE. |
