| Probable cause affidavit: |
SUBMITTED BY: CARRERAS, JOSE 0481 (AR09109460) ON JUNE 9TH, 2009, AT APPROXIMATELY 1745 HOURS, MEMBERS OF THE CITRUS COUNTY SHERIFF'S OFFICE TACTICAL IMPACT AND VICE NARCOTICS UNIT EXECUTED A SEARCH WARRANT INVESTIGATION AT 349 SOUTH ROSELYN WAY, LECANTO, FLORIDA. PREVIOUSLY THIS DEPUTY SECURED A SEARCH WARRANT FOR THE RESIDENCE LOCATED AT 349 SOUTH ROSELYN WAY, WHICH WAS REVIEWED AND SIGNED BY JUDGE SANDY KAY KAUTZ ON JUNE 9TH, 2009. UPON ARRIVAL AT THE RESIDENCE, DETECTIVE NOVY KNOCKED ON THE DOOR REPEATEDLY AND ANNOUNCED SHERIFF'S OFFICE SEARCH WARRANT, SHERIFF'S OFFICE SEARCH WARRANT. AFTER RECEIVING NO ANSWER AT THE DOOR, DETECTIVE BLAIR BREACHED THE DOOR WITH A SLEDGE HAMMER. UPON ENTRY INTO THE RESIDENCE, A HISPANIC MALE WAS DISCOVERED IN THE LIVING ROOM AREA. THE HISPANIC MALE, LATER IDENTIFIED AS JUAN C GONZALEZ, WAS HANDCUFFED DOUBLE LOCKED BEHIND HIS BACK BY DETECTIVE BLAIR, AND PLACED ON A CHAIR IN THE MIDDLE OF THE LIVING ROOM. UPON FURTHER INSPECTION OF THE RESIDENCE, TWO ROOMS WERE DISCOVERED TO HAVE NUMEROUS MARIJUANA PLANTS CAREFULLY BEING ATTENDED TO FOR GROWTH. ONCE THE RESIDENCE WAS CLEARED, THIS DEPUTY READ THE SEARCH WARRANT TO DEFENDANT GONZALEZ IN ENGLISH AND SPANISH TO EXPLAIN THE DETAILS OF THE INVESTIGATION BECAUSE DEFENDANT GONZALEZ ADVISED HE DID NOT SPEAK FLUENT ENGLISH. THIS DEPUTY ALSO READ MIRANDA TO DEFENDANT GONZALEZ VIA PRE-PRINTED CARD IN ENGLISH AND SPANISH. DEFENDANT GONZALEZ ADVISED HE UNDERSTOOD HIS RIGHTS AND DID NOT WANT TO ANSWER ANY QUESTION OR MAKE ANY STATEMENTS. DEFENDANT GONZALEZ ADVISED HE PREFERRED TO HAVE AN ATTORNEY PRESENT DUE TO HIS LIMITED UNDERSTANDING OF THE INVESTIGATION. PRIOR TO READING THE SEARCH WARRANT, HOWEVER, DEFENDANT GONZALEZ DID MAKE A STATEMENT TO DEPUTY MCLAUGHLIN WHEREAS HE REQUESTED TO SPEAK TO HIS WIFE, AND ADVISED THAT SHE IS IN MIAMI. DEFENDANT GONZALEZ ADVISED DEPUTY MCLAUGHLIN HE CURRENTLY RENTS THE HOME TO WATCH OVER THE PLANTS. DEPUTY MCLAUGHLIN ADVISED THIS DEPUTY THAT WHILE SHE WAS ESTIMATING THE NUMBER OF PLANTS PRESENT IN EACH ROOM, DEFENDANT GONZALEZ AGREED ON THE NUMBER OF PLANTS PRESENT, STATING THE NUMBER APPROXIMATED BY HER WAS MORE OR LESS IN SPANISH. UPON INVESTIGATING THE DISCOVERY INSIDE THE RESIDENCE, THERE WERE APPROXIMATELY FORTY THREE MARIJUANA PLANTS THREE TO FOUR FEET TALL INSIDE THE GARAGE AREA. THESE MARIJUANA PLANTS WERE MATURE IN THE LATE STAGE OF THE FINAL GROWTH CYCLE. IN THE SECOND BEDROOM OF THE RESIDENCE LOCATED ON THE WEST SIDE OF THE HOME, WERE AN ADDITIONAL THIRTY SIX SMALLER MARIJUANA PLANTS THAT WERE APPROXIMATELY ONE AND A HALF TO TWO AND A HALF FEET TALL. THESE PLANTS WERE NOT YET BUDDING AND WERE IN THE MIDDLE STAGE OF GROWTH. IN ADDITION, NUMEROUS MATERIALS WERE DISCOVERED INSIDE THE RESIDENCE THAT WERE USED IN THE PROCESSING OF THE MARIJUANA FOUND. THESE MATERIALS CONSISTED OF FOOD SEALER BAGS, PLASTIC BAGGIES, SCISSORS USED FOR CUTTING THE BUDS, NUMEROUS BAGS OF FERTILIZER, AND NUMEROUS BOTTLES OF LIQUID FERTILIZER, 1000 WATT SODIUM LIGHT BULBS, SCALES, AND PLASTIC PLANT POTS. FURTHERMORE, THERE WERE AIR CONDITIONING UNITS SUPPLYING COOL AIR TO EACH OF THESE ROOMS SEPARATE FROM THE CENTRAL AIR CONDITIONING SYSTEM IN THE RESIDENCE. THE AIR CONDITIONING UNITS AND LIGHTING SYSTEMS WERE SUPPORTED BY ELABORATE WIRING AND ELECTRICAL TRANSFORMERS THAT WERE INTENDED TO BYPASS THE ELECTRICAL METER AND NOT BE ACCOUNTED FOR THROUGH THE MONTHLY BILLING CYCLE. DUE TO THE ELECTRICITY BEING DIVERTED FROM THE METER FOR THE GROW OPERATION, THE HOME OWNER WAS NOT CHARGED FOR THE ADDITIONAL USAGE OF POWER, BUT YET WAS STEALING IT FROM WITHLACOOCHEE ELECTRIC COMPANY. THE ELECTRIC WAS DIVERTED FROM THE EXTERIOR OF THE RESIDENCE AND PIPED INTO THE RESIDENCE WITH CABLE WIRING. THAT WIRING WENT TO ELECTRICAL PANELS AND BREAKER BOXES WHICH TRANSFERRED TO NUMEROUS TRANSFORMERS AND CAPACITORS THAT THEN FED ELECTRICITY TO THE LIGHTS AND AIR CONDITIONING UNITS. WITHLACOOCHEE ELECTRIC EMPLOYEES RESPONDED TO THE SCENE IN REFERENCE TO MAKING THE SCENE SAFE AND INVESTIGATING THE POWER DIVERSION. ALL THE PLANTS WERE COLLECTED AND PLACED INTO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE LOCKER. THE TOTAL WEIGHT OF THE PLANTS WAS EXCEEDING TWENTY FIVE POUNDS. THERE WERE ALSO MANY RECEIPTS FOUND IN THE RESIDENCE THAT DIRECTLY RELATED TO MANY OF THE MATERIALS USED TO BUILD THE GROW AND THE GROW ROOMS FOR INSULATION AND ELECTRICAL WIRING. THESE WOULD ALSO BE CONSIDERED PARAPHERNALIA IN THIS CASE. DEFENDANT GONZALEZ WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WHERE HE WAS CHARGED WITH MARIJUANA CULTIVATION, POSSESSION OF TWO TYPES OF TESTOSTERONE, AND POSSESSION OF PARAPHERNALIA. DEFENDANT'S BOND WAS SET AT $54,500.00 PER THE BOND SCHEDULE. ALL EVIDENCE WAS IMPOUNDED BY DEPUTY MCLAUGHLIN AND PLACED INTO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE LOCKER ON JUNE 9TH, 2009. *NOT-EXEMPT* |
