| Probable cause affidavit: |
SUBMITTED BY: NOVY, JOHN 0221 (AR08102977) DID UNLAWFULLY AND KNOWINGLY MANUFACTURE OR CULTIVATE A CONTROLLED SUBSTANCE, TO-WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)2 and 893.03(1)(C)7; AND did then and there unlawfully and knowingly have in (A) actual or constructive possession a controlled substance, to-wit: Cannabis, in an amount of (B), in violation of Florida Statutes 893.135(1)(a)1 and 893.03(1)(c)7; ON 043008, YOUR AFFIANT OBTAINED PROBABLE CAUSE FOR A SEARCH WARRANT ON AN INVESTIGATION REGARDING A POSSIBLE GROW HOUSE. THIS INVESTIGATION HAS BEEN ONGOING FROM MAY 2007 THROUGH THE PRESENT DATE. ON 043008, THE SEARCH WARRANT WAS REVIEWED AND SIGNED BY JUDGE CAROL FALVEY. ON 043008, YOUR AFFIANT AND OTHER MEMBERS OF THE CITRUS COUNTY SHERIFF'S OFFICE VICE NARCOTICS UNIT RESPONDED TO THE RESIDENCE LOCATED AT 410 EAST PILAR STREET IN REFERENCE TO EXECUTING THE SEARCH WARRANT. UPON ARRIVAL AT THE RESIDENCE, SEVERAL VEHICLES WERE LOCATED IN THE YARD. UPON ANNOUNCING OUR PRESENCE, A HISPANIC MALE, the defendant, EXITED THE RESIDENCE WHERE CONTACT WAS MADE. THE HISPANIC MALE WAS identified by your affiant as Naldo Aquino, the primary suspect. Mr Aquino was SECURED, AND THEN ENTRY WAS MADE INSIDE THE RESIDENCE WHERE THREE ADULTS AND TWO CHILDREN WERE LOCATED. THE ADULTS WERE WALKING OUT OF A ROOM LOCATED DOWN THE HALL. THIS ROOM WAS LATER FOUND TO BE THE PROCESSING ROOM FOR THE MARIJUANA THAT WAS ALSO FOUND TO BE CULTIVATED AND GROWN ON THE ABOVE PREMISES. AT THIS TIME, ALL SUBJECTS WERE READ THE SEARCH WARRANT IN ITS ENTIRETY BY YOUR AFFIANT. ALL SUBJECTS WERE ALSO READ MIRANDA VIA DEPARTMENT CARD AND ASKED IF THEY UNDERSTOOD, AND THEY ALL AGREED THAT THEY DID. The defendant stated that everything was his, and that the others did not know anything about what was going on. THE DEFENDANT WAS ASKED IF HE WANTED TO MAKE ANY STATEMENTS, AND HE STATED THAT HE HAD NOTHING TO SAY. A further search of the residence revealed two grow rooms inside the residence and a metal garage on the property that had fifty-two plants inside it. One room inside the house, where the adults were located, was a processing room. There was a plastic tub containing several pounds of marijuana buds, another plastic tub with several more pounds of untrimmed buds and approximately 12 pounds of marijuana buds that were sealed and packaged in zip-lock baggies ready for sale. According to your affiants training ,this grade of marijuana normally sells for four thousand dollars a pound. It should also be noted that 22,000 dollars in U.S. Currency was also located in the marijuana processing room. This money was packaged in stacks of one thousand and inside of a grocery bag. The defendant was the primary suspect in this case as your affiant has conducted numerous surveillances on the residence. The defendant was the homeowner of the residence. Your affiant has subpOENAed electric service and found that electricity maybe diverted from the residence. On April 30, 2008 a security agent from Progress Energy tested the power-line and found that five times the amount of amperage was going to the residence. As a result of the search warrant, the electric lines were unearthed to find that two separate splices were made in the electRic line prior to the meter. This means that the electricity was being stolen as it was never measured by the meter. Progress Energy will be pursing charges. ONE OF THE ADULT WITNESSES FOUND ON SCENE WHO WAS COOPERATIVE WITH LAW ENFORCEMENT STATED THAT AT THE TIME LAW ENFORCEMENT ARRIVED THEY WERE PROCESSING THE MARIJUANA FOR SALE, AND THAT THE DEFENDANT WAS AN ACTIVE PARTICIPANT in growing the marijuana. THE DEFENDANT WAS HANDCUFFED (DOUBLE-LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING, WHERE HIS BOND WAS SET AT $105,000.00 PER THE BOND SCHEDULE. IT SHOULD ALSO BE NOTED THAT APPROXIMATELY 180 MARIJUANA PLANTS WERE ALSO LOCATED ON THE PREMISES, WHICH AFTER PROCESSING FOR EVIDENCE WEIGHED IN EXCESS OF 140 POUNDS. *NOT-EXEMPT* |
