| Probable cause affidavit: |
SUBMITTED BY: BERGEN, JOHN 0519 (AR11121915) DID UNLAWFULLY AND KNOWINGLY MANUFACTURE OR CULTIVATE A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(1)(A)(2) AND 893.03(1)(C)(7). ON 072611 WHILE STARTING MY SHIFT, I RECEIVED INFORMATION FROM DETECTIVE NOVY THAT THERE MAY BE CANNABIS PLANTS BEING GROWN BEHIND A RESIDENCE THAT BACKS UP TO THE SECOND HOLE OF THE TWISTED OAKS GOLF COURSE. DETECTIVE NOVY AND I RESPONDED TO THE GOLF COURSE WHERE WE WERE ABLE TO GET A CART FROM THE PRO SHOP. WE THEN DROVE OUT TO THE SECOND HOLE. UPON REACHING THE AREA OF THE RESIDENCE FROM THE GOLF COURSE, I COULD CLEARLY SEE TWO CANNABIS PLANTS THAT APPEARED TO BE OVER SIX FEET IN HEIGHT. WE THEN RETURNED THE GOLF CART AND RESPONDED IN OUR VEHICLE TO THE FRONT DOOR OF THE RESIDENCE LOCATED AT448 WEST CRESTMONT COURT. DETECTIVE NOVY AND I THEN WALKED UP TO THE FRONT DOOR AND KNOCKED AT WHICH TIME THE DEFENDANT, MS MARJORIE MARTIN, ANSWERED THE DOOR. I ASKED THE DEFENDANT IF I COULD STEP INSIDE AND SPEAK PRIVATELY with HER WHERE HER NEIGHBORS WOULD NOT SEE OR HEAR US, WHERE SHE SAID, "SURE, COME ON IN." UPON ENTERING THE FOYER, I ADVISED THE DEFENDANT THAT WE HAD RECEIVED A COMPLAINANT THAT SHE WAS GROWING CANNABIS PLANTS IN HER BACKYARD. I ASKED THE DEFENDANT IF THAT WAS TRUE, and SHE SAID, "YES." I THEN ASKED THE DEFENDANT WHY SHE WAS GROWING THE CANNABIS. THE DEFENDANT ADVISED THAT HER SON, WHO LIVES IN CALIFORNIA, HAS A BAD HEART CONDITION AND COULD DIE AT ANY TIME, SO SHE GROWS THE CANNABIS FOR HIM. I THEN ASKED THE DEFENDANT IF HER SON COMES TO HER RESIDENCE TO PICK UP THE CANNABIS AND SHE STATED "NO, I JUST MAIL IT." I THEN ASKED THE DEFENDANT IF SHE KNEW IT WAS AGAINST THE LAW TO GROW CANNABIS IN THE STATE OF FLORIDA. SHE STATED THAT SHE DID KNOW IT WAS ILLEGAL AND SHE WAS ONLY DOING IT FOR HER SON. I ASKED THE DEFENDANT TO SHOW ME WHERE HER CANNABIS WAS, AT WHICH TIME SHE TOOK ME TO HER BACK PORCH. ON THE PORCH WERE FOUR CANNABIS PLANTS APPROXIMATELY 3 FEET IN HEIGHT. THE DEFENDANT ALSO INDICATED THAT THERE WERE TWO CANNABIS PLANTS GROWING IN THE BACKYARD WHICH WERE THE PLANTS WE HAD RECEIVED THE ORIGINAL COMPLAINT ABOUT. UPON INSPECTION OF THESE PLANTS THEY APPEARED TO BE APPROXIMATELY 6 FEET IN HEIGHT. A THIRD SMALLER PLANT, APPROXIMATELY TWO FEET IN HEIGHT, WAS ALSO LOCATED IN THE BACKYARD. I THEN ASKED THE DEFENDANT IF THERE WAS ANYTHING ELSE IN HER RESIDENCE THAT WAS RELATED TO THE GROWING OF CANNABIS AND SHE STATED NO. SHE THEN ESCORTED ME THROUGH THE RESIDENCE. IN THE MASTER BEDROOM ON TOP OF A DESK, I LOCATED THREE ZIP LOCK BAGS FULL OF FRESH CUT CANNABIS BUDS. I ASKED THE DEFENDANT IS SHE HAD CUT THE BUDS FROM THE PLANTS AND SHE SAID YES SHE FORGOT ABOUT THEM. THERE WAS NO OTHER CONTRABAND FOUND INSIDE OR OUTSIDE THE RESIDENCE. I THEN ASKED THE DEFENDANT TO COMPLETE A SWORN WRITTEN STATEMENT EXPLAINING WHY SHE WAS GROWING CANNABIS. IN HER STATEMENT, SHE AGAIN MENTIONED THAT HER SON WAS SICK AND SHE GROWS IT FOR HIM. THE CANNABIS PLANTS WERE ALL REMOVED FROM THEIR POTS AND THE GROUND OUTSIDE AND PLACED IN BROWN BAGS FOR EVIDENCE. THE THREE ZIP LOCK BAGS LOCATED ON THE DESK IN THE MASTER BEDROOM WERE ALSO PACKAGED AND WILL BE TURNED IN TO EVIDENCE. DUE TO THE DEFENDANTS AGE AND COOPERATION SHE WAS TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS CHARGED WITH CULTIVATING CANNABIS AND RELEASED ON HER OWN RECOGNIZANCE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
