Probable cause affidavit: |
SUBMITTED BY: MCLAUGHLIN-PERRY, ALLISON 0507 (AR14-11752) DID UNLAWFULLY CULTIVATE WITH INTENT TO SELL, MANUFACTURE OR DELIVER OR CAUSE TO BE SOLD, MANUFACTURED OR DELIVERED TO ANOTHER PERSON, A CONTROLLED SUBSTANCE, TO WIT: MARIJUANA, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(1)(A)(2). DID WILLFULLY ALTER OR TAMPER WITH OR INJURE, OR KNOWINGLY SUFFER TO BE INJURED ANY METER, METER SHIELD, PIPE, CONDUIT, WIRE LINE, CABLE, TRANSFORMER, AMPLIFIER OR OTHER APPARATUS OR DEVICE BELONGING TO A UTILITY LINE SERVICE, IN SUCH A MANNER SUCH TO CAUSE LOSS OR DAMAGE OR TO PREVENT ANY METER INSTALLED FOR REGISTRY, ELECTRIC, GAS OR WATER FROM REGISTERING THE QUANTITY WHICH OTHERWISE WOULD PASS THROUGH THE SAME; TO ALTER THE INDEX OR BREAK THE SEAL OF ANY SUCH METER, IS IN VIOLATION OF FLORIDA STATE STATUTE 812.14(2)(A) ON 082614 AT APPROXIMATELY 1100 HOURS, CREW CHIEF KEVIN WEIGESHOF CONTACTED YOUR AFFIANT IN REFERENCE TO A METER TAMPERING REPORT. CREW CHIEF WEIGESHOF INDICATED THAT THE METER TAMPERING REPORT WAS GENERATED FOR THE RESIDENCE LOCATED AT 5894 WEST MEADOW STREET, HOMOSASSA, IN CITRUS COUNTY, FLORIDA. MR WEIGESHOF STATED THE METER TAMPERING COULD HAVE OCCURRED ANYTIME WITHIN THE PAST MONTH. FURTHERMORE, HE STATED THAT A REPRESENTATIVE FROM THE WITHLACOOCHEE RIVER ELECTRIC COOPERATIVE RESPONDED TO THE RESIDENCE TO CHECK THE METER, AND DURING THIS TIME THE REPRESENTATIVE OBSERVED WHAT APPEARED TO BE AN ELECTRIC DIVERSION. ON 082714 CREW CHIEF WEIGESHOF REQUESTED YOUR AFFIANTâS ASSISTANCE IN THE INVESTIGATION OF THE POSSIBLE DIVERSION/THEFT OF POWER. AT THIS TIME CREW CHIEF WEIGESHOF, DEPUTY LUDLOW, AND YOUR AFFIANT RESPONDED TO THE HOME LOCATED AT 5894 WEST MEADOW STREET TO INVESTIGATE THE DIVERSION AND THE POSSIBLE THEFT OF UTILITIES. CREW CHIEF WEIGESHOF INDICATED HE WOULD NEED OUR ASSISTANCE IN THIS MATTER AND SHOWED YOUR AFFIANT WHERE THE POWER POLE IS LOCATED INCLUDING THE METER. AT THIS TIME CREW CHIEF WEIGESHOF REMOVED THE METER COVERING AND IN DOING SO HE OBSERVED TWO ELECTRIC LINES WHICH WERE CLAMPED INTO THE MAIN ELECTRIC LINES FOR THE RESIDENCE. CREW CHIEF WEIGESHOF STATED THIS WAS THE DIVERSION WHICH CAUSED THE METER TAMPERING REPORT TO BE GENERATED. FURTHERMORE, WHILE AT THE METER HE CONDUCTED AN AMPERAGE CHECK OF THE ELECTRICAL LINES WHICH WERE THE DIVERSION, WHICH GENERATED A READING OF 48 KWH (KILOWATT HOURS) INDICATING HIGH ELECTRICAL CONSUMPTION FOR THE SIZE OF THE MOBILE HOME. DURING THIS TIME DEPUTY LUDLOW AND YOUR AFFIANT HEARD, WHAT SOUNDED LIKE SOMEONE WALKING WITHIN THE HOME. DEPUTY LUDLOW KNOCKED ON THE DOOR OF AN ADDITION LOCATED TO THE REAR OF THE RESIDENCE, AND IN DOING SO A HISPANIC MALE, LATER IDENTIFIED AS JUAN GOMEZ, THE DEFENDANT, OPENED THE DOOR AND UPON HIM DOING SO, THE EXTENSION OF THE HOME EMITTED THE ODOR OF CANNABIS. DEPUTY LUDLOW AND YOUR AFFIANT INTRODUCED OURSELVES TO THE DEFENDANT AND THE DEFENDANT INDICATED HE WISHED TO PUT SOME PROPER CLOTHES ON AND ASKED IF WE COULD ACCOMPANY HIM INTO HIS RESIDENCE. DEPUTY LUDLOW REQUESTED THE DEFENDANT REITERATE HIS LAST STATEMENT, TO WHICH HE STATED HE WANTED US TO ACCOMPANY HIM INTO THE HOME TO PUT ON PROPER CLOTHING. IT SHOULD BE NOTED THE DEFENDANTâS ENGLISH IS VERY BROKEN AND THIS WAS DONE WITH BOTH VERBAL GESTURES, AS WELL AS PHYSICAL GESTURES. WHILE WALKING UP THE STAIRS TO THE RESIDENCE I WAS ABLE TO LOOK TO MY LEFT IN THE ADDITION, WHERE I OBSERVED A DOOR WHICH LED TO THE REMAINING PORTION OF THE ADDITION BUILT ONTO THE HOME, AND I DETECTED THE ODOR OF CANNABIS. DUE TO THE DEFENDANTâS BROKEN ENGLISH CONTACT WAS MADE WITH SERGEANT JUAN SANTIAGO WHO EXPLAINED TO THE DEFENDANT THE REASON WHY WE WERE AT THE HOME LOCATED AT 5894 WEST MEADOW STREET. THE DEFENDANT INDICATED HE UNDERSTOOD, AND IN ADDITION SERGEANT SANTIAGO ADVISED THE DEFENDANT OF HIS RIGHTS IN SPANISH, AND THE DEFENDANT ADVISED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH MEMBERS OF THE CITRUS COUNTY SHERIFFâS OFFICE. SERGEANT SANTIAGO TOLD THE DEFENDANT THAT WHEN WE MADE CONTACT WITH HIM WE SMELLED THE ODOR OF CANNABIS AND ASKED IF THE DEFENDANT WAS GROWING CANNABIS. THE DEFENDANT STATED THAT HE GROWS CANNABIS FOR HIS OWN PERSONAL CONSUMPTION, AND HE WAS MORE THAN WILLING TO GIVE CONSENT TO SEARCH HIS HOME AND RETRIEVE THE CANNABIS PLANTS. THE DEFENDANT WAS READ, IN SPANISH, THE CITRUS COUNTY SHERIFFâS OFFICE PERMISSION TO SEARCH FORM, BY SERGEANT SANTIAGO AND UNDERSTOOD THAT HE WAS GIVING CONSENT BY SIGNATURE AND DATE. FURTHERMORE, THE DEFENDANT SIGNED A CITRUS COUNTY SHERIFFâS OFFICE PRINTED MIRANDA WARNING WHICH IS WRITTEN IN SPANISH, INDICATING YES, HE UNDERSTOOD HIS RIGHTS, AND HE INDICATED YES, HE AGREED TO SPEAK WITH US, WHICH WAS WITNESSED AND SIGNED BY SERGEANT SANTIAGO AS WELL AS THE DEFENDANT. AT THIS TIME THE DEFENDANT OPENED THE DOOR TO THE REMAINDER OF THE EXTENSION OF THE RESIDENCE, WHICH REVEALED A SMALL CANNABIS GROW OPERATION CONTAINING 33 CANNABIS PLANTS, 8 LIGHT BULBS, AND 11 BALLASTS TO FACILITATE THE CANNABIS GROW OPERATION. PER FLORIDA STATE STATUTE, MEMBERS OF THE TACTICAL IMPACT UNIT DISMANTLED THE GROW OPERATION AND RENDERED IT INOPERABLE. THE CANNABIS PLANTS, IN ADDITION TO OTHER PARAPHERNALIA ITEMS WERE COLLECTED AND LATER TURNED OVER TO EVIDENCE. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS TOTAL BOND WAS SET AT $5,500.00 PER THE BOND SCHEDULE. |