| Probable cause affidavit: |
SUBMITTED BY: STANTON, JOE 0260 (AR11120599) DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CRACK COCAINE, IN VIOLATION OF FLORIDA'S STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN HER 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: A MOUNTAIN DEW CAN MODIFIED TO SMOKE CRACK, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 050411 AT APPROXIMATELY 0000 HOURS, I WAS DISPATCHED TO 2540 EAST CONSTANCE COURT APARTMENT TWO IN HERNANDO, IN REFERENCE TO A DISTURBANCE BEING CALLED IN BY A THIRD PARTY. UPON ARRIVAL AT APPROXIMATELY 0007 HOURS, I APPROACHED THE FRONT DOOR OF APARTMENT TWO AND TRIED TO LISTEN TO SEE IF I COULD HEAR ANY arguments OR ANYTHING COMING FROM INSIDE. AS I APPROACHED the FRONT DOOR, I ALSO NOTICED THAT IT WAS SLIGHTLY AJAR; HOWEVER, IT WAS NOT OPEN ENOUGH TO SEE INSIDE THE RESIDENCE. TO THE RIGHT OF THE FRONT DOOR AS YOU ARE FACING IT IS A WINDOW WHICH HAD THE CURTAIN PARTIALLY HANGING DOWN AND THE BLINDS OPEN FAR ENOUGH TO SEE INSIDE THE RESIDENCE. UPON LOOKING INSIDE THE RESIDENCE, I OBSERVED TWO WHITE FEMALES LATER IDENTIFIED AS THE DEFENDANT, MS NELLIE DECK AND CO-DEFENDANT, MS APRIL MILLS SITTING ON THE COUCH BESIDE ONE ANOTHER IN THE LIVING ROOM IN FRONT OF the COFFEE TABLE SMOKING FROM AN ALUMINUM CAN WHAT APPEARED TO BE CRACK COCAINE AS I COULD SEE PIECES OF THE SUSPECTED CRACK COCAINE ON THE TABLE IMMEDIATELY IN FRONT OF MS MILLS AND MS DECK. AFTER OBSERVING THE TWO FOR A COUPLE OF MINUTES, I KNOCKED ON THE DOOR AND STILL CONTINUED TO WATCH THROUGH THE WINDOW, AT WHICH TIME, MS MILLS CAME to the DOOR AND MS DECK PROCEEDED ACROSS THE LIVING ROOM TOWARD WHAT WAS LATER DETERMINED TO BE IN THE DIRECTION OF THE BEDROOMS. ONCE MS MILLS ANSWERED THE DOOR, I INFORMED HER THAT CORPORAL DIXON AND I WERE OBSERVING MS MILLS AND MS DECK SMOKING CRACK COCAINE THROUGH THE FRONT WINDOW. MS MILLS STARTED TO STATE THAT SHE HAD NO DRUGS AND THAT SHE DOESN'T USE DRUGS EVEN AFTER I TOLD HER THAT I WAS WATCHING THE TWO OF THEM FOR SEVERAL MINUTES THROUGH THE FRONT WINDOW. AS I LOOKED AT THE COFFEE TABLE, THERE WAS NOW A SMALL NOTEPAD COVERING THE AREA WHERE I SAW WHAT WAS BELIEVED TO BE CRACK COCAINE. I THEN TURNED THE NOTEBOOK OVER AND REVEALED WHAT APPEARED TO BE CRACK COCAINE. MS MILLS DENIED THAT IT WAS HERS and SO DID MS DECK WHEN I CONFRONTED HER AND ASKED WHO IT BELONGED TO. A PRESUMPTIVE FIELD TEST WAS CONDUCTED ON A SMALL PIECE OF the SUBSTANCE WHICH TESTED POSITIVE FOR COCAINE. I ASKED MS DECK WHAT SHE DID WITH THE CAN THAT THEY WERE SMOKING THE CRACK OUT OF AND SHE ACTED LIKE SHE DIDN'T KNOW WHAT I WAS TALKING ABOUT. MS MILLS FURTHER STATED THAT SHE DID NOT SMOKE CRACK, THAT SHE ONLY SMOKED MARIJUANA. SHE THEN STATED TO ME THAT SHE SMOKED SOME OF THE ASH AND SHE WAS REFERRING TO THE CRACK COCAINE. MS DECK WAS DETAINED AT THIS TIME BY CORPORAL DIXON AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. UPON FURTHER INVESTIGATION, I LEARNED FROM MS MILLS THAT SHE HAD AN INFANT CHILD IN THE HOME WHO WAS SIX MONTHS OF AGE WHO WAS DETERMINED TO BE SLEEPING IN ONE OF THE BEDROOMS. I ADVISED MS MILLS TO CONTACT SOMEONE THAT THE CHILD COULD GO WITH. WE SUBSEQUENTLY GOT IN TOUCH WITH MS MILLS' MOTHER, MS KIM MILLS, WHO RESPONDED TO THE SCENE AND WAS GOING TO TAKE CUSTODY OF THE CHILD. ONCE MS KIM MILLS GOT THE CHILD, SHE DID NOT FEEL THAT SHE WAS AS RESPONSIVE AS SHE NORMALLY IS, WHICH RAISED CONCERNS THAT THE CHILD MAY BE EXPERIENCING EFFECTS OF BEING IN THE SAME AREA WHERE HER MOTHER MS APRIL MILLS AND THE DEFENDANT MS NELLIE DECK WERE SMOKING CRACK SO EMERGENCY MEDICAL SERVICES WAS REQUESTED to the SCENE. WHILE IN THE RESIDENCE, I ASKED MS APRIL MILLS WHAT HAPPENED to the CAN THAT THEY WERE SMOKING CRACK OUT OF and SHE STATED THAT SHE didn't KNOW AND THAT I COULD LOOK AROUND ALL I WANTED. MS APRIL MILLS FURTHER STATED THAT SHE DOES TAKE XANAX AND SHE HAS A PRESCRIPTION FOR THEM. WHILE LOOKING AROUND THE RESIDENCE FOR the CAN THAT THE DEFENDANT'S WERE SMOKING CRACK OUT OF, I FOUND SEVERAL PRESCRIPTION BOTTLES WITH MS APRIL MILLS' NAME ON THEM. ONE OF THE PILL BOTTLES WAS FOUND IN A DRAWER THAT WAS IN THE BEDROOM WHERE THE INFANT CHILD HAD BEEN SLEEPING. I LATER DISCOVERED THE CAN WHICH WAS DETERMINED TO BE A MOUNTAIN DEW CAN WHICH STILL HAD ASHES INSIDE OF IT INSIDE ONE OF THE TOP DRAWERS IN the INFANT'S BEDROOM. the CAN AND THE CRACK COCAINE WAS COLLECTED AND LATER TURNED IN TO EVIDENCE. AFTER EMERGENCY MEDICAL SERVICES EVALUATED THE INFANT, THEY DETERMINED THAT THE INFANT WOULD NEED TO BE AIRLIFTED AND SHE WAS SUBSEQUENTLY TRANSPORTED TO SHANDS HOSPITAL IN GAINESVILLE AND WAS RELEASED SHORTLY AFTER BEING TREATED. WHILE ON SCENE THE ABUSE HOTLINE WAS NOTIFIED BY CORPORAL DIXON WHO SPOKE WITH OPERATOR 110 PERE, WHO INDICATED THEY WOULD TAKE A REPORT. CHILD PROTECTION INVESTIGATOR OLESKE WAS ALSO CONTACTED BY CORPORAL DIXON AND SHE RESPONDED TO THE SCENE and BEGAN HER INVESTIGATION. CONTACT WAS ALSO MADE WITH ON-CALL SPECIAL VICTIM'S UNIT DETECTIVE JOHN SEFFERN WHO WAS ADVISED OF THIS INCIDENT. WHILE ON SCENE, I SPOKE WITH MS KIM MILLS IN REGARDS TO PAST DRUG ISSUES WITH MS APRIL MILLS. MS KIM STATED THAT ABOUT THREE YEARS AGO, MS APRIL HAD AN OVERDOSE FROM PILLS AND LIQUID METH. ABOUT A MONTH AGO, MS APRIL WAS AT A MOTEL AT WHICH TIME LAW ENFORCEMENT CAME AND MS APRIL SEEMED TO BE DRUNK OR SOMETHING. MS KIM STATED THAT SHE KNEW APRIL HAD BEEN SEEING A DOCTOR AND THAT HE GAVE her XANAX AND ANTI-DEPRESSANTS. I ALSO LEARNED IN SPEAKING WITH KIM THAT APRIL HAS HAD HER CHILDREN REMOVED FROM HER IN THE PAST BY THE DEPARTMENT OF CHILDREN AND FAMILIES. I INFORMED MS DECK THAT SHE WAS UNDER ARREST FOR POSSESSION OF A CONTROLLED SUBSTANCE and POSSESSION OF PARAPHERNALIA. MS DECK WAS SUBSEQUENTLY TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY HESSE. I ALSO INFORMED MS APRIL MILLS THAT SHE WAS UNDER ARREST AS WELL AND WAS SUBSEQUENTLY TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY CORPORAL DIXON AND SUBSEQUENTLY HAD TO BE TRANSPORTED TO CITRUS MEMORIAL HOSPITAL FOR MEDICAL TREATMENT. SERGEANT SMITH WAS MADE AWARE OF THIS INCIDENT AND RESPONDED to the SCENE DURING my INVESTIGATION. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $5,500.00, PER THE BOND SCHEDULE. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
