| Probable cause affidavit: |
SUBMITTED BY: \tPOLLARD, RANDALL \t0677\t(AR12-3390) \t\t\tSANCHEZ, MICHAEL\t1242 DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO-WIT: MARIJUANA OVER 20 GRAMS, WITH THE INTENT TO SELL THE SAID SUBSTANCE TO ANOTHER PERSON, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(2). ON 110312, I RESPONDED TO 7801 EAST WATSON STREET, LOT 6, IN INVERNESS, IN REFERENCE TO A DRUG COMPLAINT FROM A NEIGHBOR. ACCORDING TO THE COMPLAINANT THERE HAD BEEN NUMEROUS SUBJECTS COMING AND GOING FROM THE RESIDENCE THROUGHOUT THE DAY. UPON MY ARRIVAL, I CONCEALED MYSELF WHILE APPROACHING THE RESIDENCE. I WAS APPROXIMATELY 35-40 YARDS FROM THE RESIDENCE. I OBSERVED the FRONT DOOR TO BE OPEN AND A WHITE MALE SUBJECT TO BE SITTING IN A RECLINER IN THE LIVING ROOM OF THE HOME. ALL THE LIGHTS TO THE RESIDENCE HAD BEEN DISCONNECTED DUE TO LANDLORD/TENANT ISSUES. UPON MOVING CLOSER TO THE RESIDENCE AT APPROXIMATELY 10-15 YARDS DEPUTY POLLARD AND I COULD SMELL THE ODOR OF MARIJUANA EMANATING FROM THE RESIDENCE. AT THAT TIME, I SHINED MY FLASHLIGHT on the INDIVIDUAL SITTING IN THE RECLINER AND ANNOUNCED MY PRESENCE. AT THAT TIME, THE WHITE MALE SUBJECT NOW IDENTIFIED AS MR CODY HANNETT, WHO WAS WEARING A BLUISH SWEATER AND JEAN SHORTS, QUICKLY GOT OUT OF THE RECLINER AND RAN TOWARD THE KITCHEN OF THE RESIDENCE. AS THE SUBJECT WAS EXITING THE RECLINER I NOTICED A WHITE GROCERY-TYPE BAG THAT FELL FROM THE SUBJECTâS PERSON WHICH WAS TIED IN AN AIRTIGHT MANNER TO AVOID THE CONTENTS INSIDE FROM FALLING OUT. I ALSO NOTICED FROM ONE ANGLE OF THE BAG I COULD SEE A GREEN LEAFY TYPE SUBSTANCE INSIDE the BAG. UPON GETTING TO THE FRONT DOOR I SHINED MY FLASHLIGHT in the KITCHEN AREA OF THE HOME WHERE I OBSERVED TWO WHITE MALE SUBJECTS, ONE BEING MR HANNETT WEARING the SAME CLOTHING and THE OTHER TO BE MR SEAN MCCORMICK, WHO WAS WEARING A BLUE SWEAT-TYPE PANTS AND A PURPLISH TYPE TEE-SHIRT. BOTH SUBJECTS HAD GLASSY EYES AND APPEARED TO BE UNDER THE INFLUENCE OF SOME TYPE OF NARCOTIC. I ORDERED EVERYONE TO STEP OUTSIDE OF THE RESIDENCE. AS BOTH SUBJECTS EXITED I OBSERVED ANOTHER WHITE MALE SUBJECT NOW IDENTIFIED AS MR MARK DENNO EXIT FROM THE HALLWAY ON THE OPPOSITE SIDE OF THE RESIDENCE. AT THAT TIME, I ASKED MR DENNO IF THERE WAS ANYTHING INSIDE the RESIDENCE THAT I SHOULD BE AWARE OF, TO WHICH HE STATED HE HAD TWO BAGS OF MARIJUANA INSIDE A BLACK PILLOW CASE ON THE COUCH NEAR WHERE MR CODY HANNETT HAD BEEN SITTING, ALONG WITH A SCALE THAT HE STATED HE USES TO WEIGH LEGAL MARIJUANA. UPON SHINING MY FLASHLIGHT BACK INSIDE the RESIDENCE I DID OBSERVE the BLACK PILLOW CASE THAT MR DENNO WAS REFERRING TO. I THEN ASKED MR DENNO TO LEAD ME BACK INSIDE THE RESIDENCE. AT THAT TIME, HE CONFIRMED the PILLOW CASE I HAD SEEN WAS INDEED THE ONE THAT the MARIJUANA WAS INSIDE OF. I THEN REMOVED THOSE BELONGINGS FROM THE PILLOW CASE. I OBSERVED TWO CLEAR PLASTIC BAGGIES CONTAINING A LARGE AMOUNT OF MARIJUANA, ALONG WITH A BLACK DIGITAL SCALE USED TO WEIGH THE SUBSTANCE. AT THAT TIME, I ALSO PICKED UP THE WHITE GROCERY BAG THAT WAS DROPPED FROM MR HANNETTâS PERSON. UPON LOOKING INSIDE THE BAG I OBSERVED A GREEN LEAFY SUBSTANCE WHICH DEPUTY POLLARD KNEW THROUGH HIS TRAINING AND EXPERIENCE TO BE MARIJUANA. I THEN READ MR DENNO HIS MIRANDA RIGHTS VIA A PRE PRINTED CARD AND ASKED HIM IF HE WOULD SPEAK TO ME, TO WHICH HE AGREED TO. MR DENNO STATED THAT THE MARIJUANA INSIDE THE PILLOW CASE WAS HIS AND FOR HIS PERSONAL USE ONLY. MR DENNO STATED THAT HE BUYS MARIJUANA A QUARTER AT A TIME REFERRING TO SEVEN GRAMS AT A TIME. MR DENNO STATED HE BUYS THE QUARTER FOR $30.00, HOWEVER HE DID NOT WISH TO DISCUSS WHERE HE PURCHASES THE MARIJUANA. I THEN READ MR CODY HANNETT HIS MIRANDA RIGHTS VIA A PRE PRINTED CARD. MR HANNETT AGREED TO SPEAK with ME. MR HANNETT DID ADMIT TO THE MARIJUANA AND THE WHITE GROCERY-TYPE BAG TO BE HIS AND FOR HIS PERSONAL USE. MR HANNETT ALSO STATED THAT THERE WAS A TRANSFER OF MONEY FOR THE MARIJUANA WITH MR DENNO, BUT UPON FURTHER QUESTIONING DID NOT WISH TO DISCUSS IT ANY FURTHER. I THEN READ MR MCCORMICK HIS MIRANDA RIGHTS VIA A PRE PRINTED CARD, AT WHICH TIME HE AGREED TO SPEAK TO ME AS WELL. MR MCCORMICK ADMITTED HE HAD BEEN SMOKING MARIJUANA WITH BOTH MR DENNO AND MR HANNETT, HOWEVER HE STATED THAT OF THE MARIJUANA WAS HIS. THE MARIJUANA SEIZED FROM MR DENNO AND MR HANNETT WERE BOTH SEPARATELY FIELD TESTED AND TESTED POSITIVE FOR MARIJUANA. AT THAT TIME, MR DENNO WAS PLACED UNDER ARREST FOR POSSESSION OF MARIJUANA WITH INTENT TO SELL. I ISSUED MR HANNETT A NOTICE TO APPEAR CITATION, NUMBER 19107, FOR POSSESSION OF MARIJUANA LESS THAN 20 GRAMS, WITH A MANDATORY COURT DATE OF 112912 AT 1300 HOURS. MR MCCORMICK WAS RELEASED ON SCENE WITH NO CHARGES. MR DENNO WAS THEN SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO COUNTY JAIL FOR BOOKING AND PROCESSING. MR DENNOâS BOND WAS SET AT $2,000.00, PER THE BOND SCHEDULE. WHILE AT the JAIL, THE MARIJUANA AND BOTH BAGS THAT MR DENNO ADMITTED TO BEING HIS WEIGHED APPROXIMATELY 22.1 GRAMS WITHOUT THE BAG AND THE OTHER WEIGHED APPROXIMATELY 22.7 GRAMS WITHOUT THE BAG LEAVING A TOTAL WEIGHT OF 44.8 GRAMS NOT INCLUDING the BAGGIES. THE MARIJUANA MR HANNETT ADMITTED TO BEING IN HIS POSSESSION WEIGHED APPROXIMATELY 27.6 OUNCES WITHOUT THE WHITE GROCERY BAG. DURING THE INVESTIGATION ON SCENE IT WAS OBVIOUS THE AMOUNT OF MARIJUANA MR DENNO HAD IN HIS POSSESSION WAS CLEARLY OVER 20 GRAMS. WITHOUT A PROPER SCALE ON SCENE TO WEIGH MR HANNETTâS AMOUNT OF MARIJUANA AND NOT KNOWING THE WEIGHT OF the GROCERY BAG CONTAINING MR HANNETTâS MARIJUANA HE WAS RELEASED WITH A MISDEMEANOR CITATION. THE MARIJUANA THAT WAS SEIZED ON SCENE WILL BE PLACED IN TO EVIDENCE AT OPERATIONS. A COPY OF THE MISDEMEANOR CITATION ISSUED TO MR HANNETT WILL BE PLACED IN RECORDS AT OPERATIONS. |
