| Probable cause affidavit: |
SUBMITTED BY: MARSHALL, AIDAN 0453 (AR13-7692) DID UNLAWFULLY AND FELONIOUSLY SELL, MANUFACTURE OR DELIVER OR POSSESS 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 STATUTES 893.135(1)(A). DID KNOWINGLY BE IN ACTUAL OR CONSTRUCTIVE POSSESSION OF ANY PLACE, STRUCTURE OR PART THEREOF, TRAILER, OR OTHER CONVEYANCE WITH THE KNOWLEDGE THAT THE PLACE, STRUCTURE OR PART THEREOF, TRAILER, OR CONVEYANCE WILL BE USED FOR THE PURPOSE OF TRAFFICKING IN A CONTROLLED SUBSTANCE, IN VIOLATION OF FLORIDA STATE STATUE 893.1351(2). DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: WITHLACOOCHEE ELECTRIC, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM OF A RIGHT TO THE PROPERTY OR A BENEFIT THEREOF, OR DID APPROPRIATE THE SAID PROPERTY TO HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATUTES 812.014. ON 101713, I RESPONDED TO 4320 NORTH MANDRAKE POINT, CRYSTAL RIVER, IN REFERENCE TO AN ACTIVE CANNABIS GROW HOUSE INVESTIGATION. PRIOR TO RESPONDING TO THE RESIDENCE, IT WAS DETERMINED THAT THE RESIDENCE WAS OWNED BY THE DEFENDANT, MR JUAN MIGUEL MENDOZA RUIZ DE VILLA, ALSO THAT THE DEED TO THE PROPERTY WAS RECORDED AS MR JUAN MENDOZA. THE UTILITIES PROVIDED TO THE RESIDENCE WERE ALSO CONFIRMED TO BE IN THE NAME OF THE DEFENDANT, MR JUAN MENDOZA. WHILE EN ROUTE TO THE ADDRESS ON MANDRAKE POINT, DETECTIVE BERGEN AND I OBSERVED THE DEFENDANT WALKING TOWARDS THE ROADWAY FROM A POWER LINE EASEMENT. BOTH DETECTIVE BERGEN AND I RECOGNIZED MR MENDOZA FROM HIS D.A.V.I.D. DRIVERâS LICENSE PHOTOGRAPH THAT WE HAD PRINTED PRIOR TO RESPONDING TO THE RESIDENCE. AT THIS POINT, WE STOPPED OUR VEHICLE ON THE SIDE OF THE ROAD AND INITIATED A CONSENSUAL ENCOUNTER ON THE SIDE OF THE ROAD. THE DEFENDANT WAS ADVISED WE WERE FROM THE CITRUS COUNTY SHERIFFâS OFFICE AND HE COMMUNICATED TO US THAT HE DID NOT SPEAK ENGLISH. AT THIS TIME, UNITED STATES CUSTOMS AND BORDER POLICE AGENT LEE ARRIVED AND BEGAN SPEAKING WITH THE DEFENDANT. I WAS NEXT CONTACTED BY DEPUTY LUDLOW WHO ADVISED ME THAT PRIOR TO THE ENCOUNTER WITH THE DEFENDANT THAT HE HAD SEEN THE DEFENDANT STANDING IN THE FRONT YARD OF 4320 NORTH MANDRAKE POINT. I RELAYED THIS INFORMATION TO AGENT LEE AND THE DEFENDANT ADVISED AGENT LEE IN SPANISH THAT THE MARIJUANA GROWING INSIDE HIS RESIDENCE WAS HIS AND FOR HIS OWN PERSONAL USE. THE DEFENDANT THEN AGREED TO DRIVE WITH US BACK TO HIS RESIDENCE AND SIGN A PERMISSION TO SEARCH FORM. THE DEFENDANT WAS READ THE PERMISSION TO SEARCH FORM IN ITS ENTIRETY BY AGENT LEE AND HE SIGNED THE FORM. THE DEFENDANT PROVIDED A KEY TO THE FRONT DOOR AND ENTRY WAS MADE INTO THE RESIDENCE BY THE TACTICAL IMPACT UNIT. ONCE INSIDE THE RESIDENCE, UNIT MEMBERS LOCATED A TWO ROOM INDOOR GROW HOUSE CONTAINING A TOTAL OF 25 GROW LIGHTS WITH BALLASTS, TWO AIR CONDITIONER AIR HANDLERS, TWO HOMEMADE CIRCUIT BOARDS, MULTIPLE FANS, IRRIGATION SYSTEMS, AND 58 POTS WITH SOIL. OUTSIDE THE RESIDENCE, WITHLACOOCHEE ELECTRIC COMPANY ARRIVED ON SCENE AND AFTER OPENING THE POWER METER BOX, IT WAS DISCOVERED THAT THE POWER TO THE GROW HOUSE OPERATION WAS DIVERTED AROUND THE POWER METER AND THAT THE DEFENDANT WAS ACTIVELY STEALING POWER TO RUN THE INDOOR CANNABIS GROW OPERATION. I WAS ADVISED THAT DUE TO THE AMOUNT OF LIGHTING AND AIR CONDITIONING SYSTEMS INSIDE THE HOME, THE THEFT OF UTILITIES WAS IN EXCESS OF $300. A TOTAL OF 58 CANNABIS PLANTS WERE RECOVERED FROM THE TWO GROW ROOMS WITH A TOTAL WEIGHT OF APPROXIMATELY 43 POUNDS 12 OUNCES. ALL GROW EQUIPMENT NOT PLACED IN EVIDENCE WILL BE DESTROYED IN ACCORDANCE WITH FLORIDA STATE STATUTES. THE DEFENDANT WAS ARRESTED AND TRANSPORTED TO THE CITRUS COUNTY CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING, WHERE HIS BOND WAS SET AT A TOTAL OF $62,000.00, PER THE BOND SCHEDULE. |
