| Probable cause affidavit: |
SUBMITTED BY: NOVY, JOHN 0221 (AR09107427) DID UNLAWFUL HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE TO WIT: CANNABIS COMMONLY REFERRED TO AS MARIJUANA WITH THE INTENT TO SELL THE MARIJUANA TO ANOTHER PERSON IN VIOLATION OF FLORIDA STATE STATUTE 893.13(2)(A)(2); AND DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: TWO SMOKING PIPES, SEVERAL DIGITAL SCALES, AND A PRESS MACHINE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1). ON 012909, THE CITRUS COUNTY SHERIFF'S OFFICE TACTICAL IMPACT UNIT CONDUCTED A SEARCH WARRANT INVESTIGATION AT 8191 EAST WINDSONG STREET, IN FLORAL CITY. PREVIOUSLY YOUR AFFIANT SECURED A SEARCH WARRANT FOR THE RESIDENCE LOCATED AT 8191 EAST WINDSONG STREET, WHICH WAS REVIEWED AND SIGNED BY JUDGE MARK YERMAN ON 012809. ON 012909, SURVEILLANCE WAS CONDUCTED ON THE SAID RESIDENCE WHERE IT WAS DETERMINED THAT MR LOUIS PEPE, THE PRIMARY SUSPECT, WAS CURRENTLY AT HOME. AT APPROXIMATELY 2015 HOURS, YOUR AFFIANT, DETECTIVE BLAIR, DEPUTY LAMBERT, AND DEPUTY KESZTHELYI ARRIVED AT THE RESIDENCE AND KNOCKED ON THE DOOR. AFTER APPROXIMATELY 30 SECONDS WE RECEIVED NO ANSWER. WE BEGAN TO ANNOUNCE "SHERIFF'S OFFICE SEARCH WARRANT, SHERIFFS OFFICE SEARCH WARRANT". STILL AFTER NO ANSWER AT THE DOOR, YOUR AFFIANT BREACHED THE DOOR WITH A SLEDGE HAMMER AND ENTRY WAS MADE INSIDE THE RESIDENCE. AT THAT TIME, YOUR AFFIANT, ALONG WITH DEPUTY LAMBERT, LOCATED MR LOUIS J PEPE IN THE BACK ROOM. UPON APPREHENDING MR PEPE A STRONG ODOR OF MARIJUANA WAS EMITTING FROM THE ROOM. DEPUTY KESZTHELYI LOCATED ANOTHER WHITE MALE, IN THE LIVING AREA AND HE WAS SECURED. THE RESIDENCE WAS CLEARED OF ALL SUSPECTS AND THEY WERE BROUGHT INTO THE DINING ROOM. AT THAT TIME, YOUR AFFIANT READ THE SEARCH WARRANT TO BOTH SUBJECTS. YOUR AFFIANT ALSO READ MIRANDA TO BOTH SUBJECT VIA DEPARTMENT CARD AND BOTH SUBJECTS AGREED THAT THEY UNDERSTOOD THEIR RIGHTS. AT THAT TIME, THE MEMBERS OF THE TACTICAL IMPACT UNIT COMPLETED A SEARCH OF THE RESIDENCE. INSIDE MR PEPE'S BEDROOM BLAIR LOCATED APPROXIMATELY ONE POUND OF MARIJUANA IN A DRESSER DRAWER. DETECTIVE BLAIR ALSO LOCATED WHAT APPEARED TO BE A BAG NEXT TO THIS DRESSER THAT CONTAINED APPROXIMATELY FIVE POUNDS OF MARIJUANA, WHICH WAS HARD PACKED IN A "BRICK". A FURTHER SEARCH OF THE RESIDENCE RESULTED IN SEVERAL SMOKING PIPES BEING LOCATED IN THE DEFENDANTS BEDROOM, AS WELL AS DIGITAL SCALES. A SEARCH OF THE SHED REVEALED A LARGE SAFE AND A PRESS MACHINE BOLTED TO THE FLOOR. I ASKED THE DEFENDANT IF HE HAD THE KEY TO THE SAFE AND HE PROVIDED A SET OF KEYS. I ASKED THE DEFENDANT IF HE WOULD OPEN THE SAFE. AT WHICH TIME, HE AGREED, WAKED TO THE SHED, AND UNLOCKED IT. AT THAT TIME, THERE WAS NOTHING LOCATED INSIDE THE SAFE. THE DEFENDANT WAS COOPERATIVE, BUT STATED THAT HE WAS JUST SIMPLY SELLING DRUGS TO MAKE MONEY BECAUSE IT IS VERY DIFFICULT TO GET A JOB. DURING THIS TIME THE DEFENDANT'S MOTHER CAME BACK TO THE RESIDENCE AND APPEARED TO BE VERY UPSET WITH HER SON. THE DEFENDANT WAS ALSO FOUND TO BE IN POSSESSION OF APPROXIMATELY $750.00, WHICH WAS ALSO IMPOUNDED IN EVIDENCE. AT THAT TIME, THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING BY DEPUTY ABNER CRUZ WHERE HIS BOND WAS SET AT $5,500.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
