| Probable cause affidavit: |
SUBMITTED BY: HRYC, CHRISTOPHER 0701 (AR11121661) DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: MARIJUANA OVER 20 GRAMS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A) (AND) 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 GLASS PIPE COMMONLY USED FOR SMOKING MARIJUANA, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) ON 071011, I RESPONDED TO 3895 NORTH SAGAMON PATH IN RESPONSE TO A 9-1-1 HANG UP. WHILE EN ROUTE DISPATCH ADVISED THAT A FEMale dialed 9-1-1 and was brEathing heavilY, and then hung up. they also adviseD THAT upon call back she did not answer. upon arrival to the scene i approached the residence and looked in the back yard before i knocked on the door and did not see anyone. i then knocked on the door and announced i was the sheriff's office and rang the door bell. at that time i could see a shadowy figure in the living room and i could hear that peRson rummaging around. after Roughly a minute, a female, later identified as the defendAnt, MS nicole brasseaux, ANSWERED the door. i noticed she had a large bruise on her forehead and i also could smell an extremely strong odor, which i recognized through my training and experience, to be marijuaNA emitting fRom the residence. i asked the defendant if i could come inside to insure everything was okay and that we had gotten a 9-1-1 hang up from that locatIon. SHE OPENED THE DOOR AND INVITED ME IN. as i walked into the residEnce, in plain view on the Coffee table was a glasS smoking pipe commonly used to smoke marijuana. i asked the defendAnt what happenEd, and if she waS okay due to her having the large welt on her forEhead. she stated she was fine and that her television had fallen off her dresser and hit her in her head. she stated she had accidentally bumped into it which caused it to fall. A WALK THROUGH OF THE RESIDENCE SHOWED THERE WAS NO ONE ELSE INSIDE. at that time deputy mendoza arrived on scene and he also immediately noticed the glass smoking pipe on the coffee table. i then asked ms brasseaux if we could assist her due to the facT that through the hallway i could still see her large tv lying on the bedroom floor. she stated that we could help her, due to the fact no one else was in the residence and she could not lift it by herself. i also asked if she needeD any medical care from ems, to which she declined. as i walked into the bedroom, i observed, on the night stand, a red plastic bong commonly used to smoke marijuana, sitting in plain view. myself and deputy mendoza picked UP her television from the floor and placed it back on her dresser. i then asked ms nicole brasseaux if anyone else was in the residEnce or if anyone else lived there. she stated no one else was in the residEnce, nor had anyone been there all day. she stated she lives with her stepfather who is currEntly in new jersey, AND HAS BEEN THERE FOR OVER A WEEK. i then turned my attention to the red bong style marijuana smoking device. upon picking it up she shouted, "come on, please don't take me to jail, the only reason i smoke weed is because my mom died in december and i smoke it to calm me down." SHE ALSO STATED PLEASE, IF MY STEP DAD FINDS OUT I'M DOING DRUGS HE IS GOING TO KICK ME OUT. i then asked if there was anything else in her bedroom and if she would mind if i looked around. she stated i COULD LOOK AROUND AND THAT I would not find anything else, that was all she had. a search of her bedroom yielded negative results for any contrabAnd other than a medium sized plastic baggie with a small amount of marijuana in the bag. i then went back to the living room WHERE I had first seen the glass smoking pipe. i turned my attention to the pipe and picked it up. ms brasseaux stated it was hers and she uses it to smoke marijuana. ms brasseaux then sat on the couch directly in front of where the pipe was sitting, and i also noticed that the telephone was sitting at that location as well. i then sat down on the couch to insure that she could carry on a conversation due to the fact the bruise on her head was beginning to swell. ms brasseaux stated she was sorry and continually asked me if i was going to take her to jail. she also seemed extremely FIDGETY and CONTINUALLY got up off the couch and would walk around as if she was looking for something, and once again sit down. while sitting on the couch i noticed that she had an automatic spray air freshEner which went off in my direction. just before it went off i could smell the stronG odor of marijuana still in the area, and once the air freshEner went off in my direction, it disappeared. as the air freshener settled, the strong odor of marijuana once again returned. looking around to where i was sitting and due to the fact that the odor of marijuana appeared To be stronger in that location, i noticed that the arm rest had a compartment under it. when i lifted opened the compartment on the left side i noticed a large bag of marijuana, which was later weighed and the weight was 27.5 grams. i then read the defendant her miranda warnings via preprinted card. she stated she understood her rights And wished to speak with me. she stated the marijuana was not hers And she did not know who it belonged to. i also asked if there was anymore in the area, and she nervously answered, that there shouldn't be. i asked if she would mind if i looked, and she stated, "go ahead". as i lifted up the right arm rest, in the compartment was an additional bag of marijuana WHICH WAS LATER WEIGHED AND DETERMINED TO BE 26.5 grams. as i found the second large bag, the defendant hung her head and began to cry. i noticed that the bags which the marijuana was in was also the same exact bag which was located on her nightstand in her bedroom, which she had stated she knew about. i asked if the blue and yellow glass marijuana pipe was hers, and she stated it was. i asked THE DEFENDANT how often she smokes marijuana, and she stated, she smokes it everyday. i asked how many times a day, and she stated, two to three times. i asked when she buys marijuana, in what quantity does she usually purchase it in, and she stated she usually only buys a "dub" and it costs her $20.00. i asked why she smokes marijuana, and she stated she was depressed because her mother died and she has anxiety problems. i then asked why she does not see a psychiatrist for anxiety and depression, and she stated, because it costs too much money. i then informed the defendAnt she was being placed unDer aRrest for possession of marijuana over 20 grams and also for possession of drug paraphernalia. i also noticed on the defendant's coffee table a box of baking soda which was almost empty. due to the fact that i had found a large amount of marijuana, i asked the defendant if there wERE any other drugs in the house, and she stated there was not. i asked if i could look in her kitchen due to the fact that i had a suspicion she might be making crack cocaine. she stated i could look in the kitchen. on the stove was a small amount of a white powdery substance on top of a burner. there was not enough to conduct a field test on but i did find a small, what appeared to be, rock cocaine which will later be tested and turned over to evidence. the defendAnt was transported to the citrus cOunty detention facility for booking and processing. THE defendAnt's bond WAS set at $5,500.00 per the bond schedule. upon arrival to the detention facility the marijuana was weighed on a certified triple beam balance scale and the total weight was 54 grams. THE MARIJUANA AND PARAPHERNALIA WERE LATER TURNED OVER TO EVIDENCE. *NOT-EXEMPT* |
