| Probable cause affidavit: |
SUBMITTED BY: LABORDA, MICHEL 0735 (AR14-8771) DID unlawfulLY sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance not authorized by law TO WIT: 13 MARIJUANA PLANTS, in, on, or within 1,000 feet of a physical place for worship at which a church or religious organization regularly conducts religious serviceS, IN VIOLATION OF FLORIDA'S STATE STATUTE 893.13(1)(E)(2). ON 011814 AT APPROXIMATELY 1711 HOURS, I RESPONDED TO 8455 EAST MAGNOLIA STREET, FLORAL CITY, IN REFERENCE TO POSSIBLE CULTIVATION OF MARIJUANA. THE CALL SCREEN ADVISED THAT KIDS WERE PLAYING AT THE CHURCH LOCATED NEXT DOOR AND DISCOVERED WHAT APPEARED TO BE MARIJUANA PLANTS IN THE BACKYARD OF THE RESIDENCE LOCATED NEXT to the CHURCH. UPON ARRIVAL, I WALKED THE PERIMETER OF THE ADDRESS WHERE THE MARIJUANA PLANTS WERE ALLEGEDLY LOCATED. WHILE STANDING ON THE PROPERTY OF THE FIRST BAPTIST CHURCH, LOCATED AT 8545 EAST MAGNOLIA STREET, I WAS ABLE TO OBSERVE INTO THE BACKYARD OF THE RESIDENCE AT 8455 EAST MAGNOLIA STREET. WHILE LOOKING INTO THE BACKYARD, I WAS ABLE TO OBSERVE SEVERAL BLACK PLASTIC POTS ALONG THE WOOD LINE IN OF THE BACKYARD, WITH WHAT I RECOGNIZED THROUGH MY TRAINING AND EXPERIENCE TO BE MARIJUANA PLANTS GROWING FROM THE BLACK POTS. BECAUSE THE PLANTS WERE IN PLAIN VIEW, I WALKED IN THE BACKYARD OF THE RESIDENCE TO TAKE A CLOSER LOOK. I OBSERVED APPROXIMATELY 13 MARIJUANA PLANTS GROWING ALONG THE WOOD LINE. ALL OF THE PLANTS WERE GROWING FROM PLASTIC BLACK POTS, FOUR OF WHICH WERE ESTABLISHED PLANTS, ONE WAS APPROXIMATELY FOUR FEET TALL, THREE OTHERS WERE APPROXIMATELY TWO FEET TALL AND THE REMAINING PLANTS WERE ALL JUVENILE PLANTS AND WERE APPROXIMATELY SIX INCHES TALL. I ATTEMPTED TO MAKE CONTACT AT THE RESIDENCE; HOWEVER NO ONE ANSWERED THE DOOR. I CONDUCTED A NEIGHBORHOOD CANVASS, WHERE I MADE CONTACT WITH A FEMALE, MS PAMELA BELLMAN, SHE ADVISED ME THAT SHE WAS THE PROPERTY OWNER OF THE RESIDENCE WITH THE PLANTS AND ADVISED THAT A MALE NAMED MR JAMES RILEY, RESIDED THERE. I ASKED MS BELLMAN IF SHE KNEW ANYTHING ABOUT MARIJUANA PLANTS GROWING IN THE BACKYARD, SHE ADVISED THAT SHE DID NOT AND APPEARED TO BE VERY SURPRISED. MS BELLMAN SAID THAT APPROXIMATELY TWO MONTHS AGO, SHE SAW A PLANT ON THE FRONT PORCH OF THE RESIDENCE, WHICH SHE BELIEVED TO BE A MARIJUANA PLANT AND WHEN SHE QUESTIONED MR RILEY ABOUT THE PLANT, HE TOLD HER IT BELONGED TO HIS FRIEND âNICOLEâ AND THAT SHE WOULD BE REMOVING IT from the PROPERTY. MS BELLMAN SAID THAT SHE DID NOT SEE THE PLANT AFTER THAT POINT AND HAD NO IDEA THERE WERE ADDITIONAL PLANTS IN THE BACKYARD. MS BELLMAN SAID THAT âNICOLEâ USE TO LIVE AT THE RESIDENCE APPROXIMATELY ONE MONTH AGO, BUT HAS SINCE MOVED OUT AND MR RILEY LIVES AT THE RESIDENCE ALONE. MS BELLMAN SAID IF MR RILEY WAS NOT HOME HE WAS PROBABLY AT âNICOLEâSâ RESIDENCE. SHE ADVISED THAT SHE WOULD SHOW ME WHERE THE RESIDENCE WAS LOCATED. I FOLLOWED MS BELLMAN TO A RESIDENCE LOCATED AT 8004 EAST ROUND LAKE LOOP, WHERE I MADE CONTACT with A FEMALE LATER IDENTIFIED AS THE DEFENDANT, MS NICOLE KYKER, ALONG WITH MR JAMES RILEY. I SPOKE WITH MR RILEY SEPARATE FROM THE DEFENDANT AND READ HIM HIS MIRANDA WARNINGS VIA AGENCY ISSUED CARD. BEFORE I COULD QUESTION HIM ABOUT THE PLANTS, MR RILEY ASKED ME IF I WAS THERE ABOUT THE MARIJUANA PLANTS IN HIS BACKYARD. MR RILEY INITIALLY STATED THAT HE DID NOT KNOW WHERE THE PLANTS HAD COME FROM AND ADVISED THAT HE FOUND THEM IN THE BACKYARD APPROXIMATELY TWO WEEKS AGO. HE ADVISED THAT HE DOES NOT SMOKE MARIJUANA, SO HE JUST DRAGGED THE PLANTS TO THE BACK OF THE YARD AND LEFT THEM ALONG THE WOOD LINE. MR RILEYâS STORY CHANGED SEVERAL TIMES WHILE I WAS SPEAKING WITH HIM AND AFTER HE REALIZED HE WAS POTENTIALLY GOING TO BE ARRESTED FOR MARIJUANA CULTIVATION, HE ADVISED ME THAT THE PLANTS DID NOT BELONG TO HIM, BUT BELONGED TO HIS frienD, THE DEFENDANT. MR RILEY SAID HE LIED INITIALLY BECAUSE HE DID NOT WANT NICOLE TO GET IN TROUBLE. HE THEN ADVISED ME THAT A FEW DAYS AGO THE DEFENDANT HAD PLACED THE PLANTS IN THE BACK OF HIS RESIDENCE AND LEFT THEM ALONG THE WOOD LINE. I THEN MADE CONTACT WITH THE DEFENDANT, WHERE I READ HER MIRANDA VIA AGENCY PRINTED CARD, SHE ADVISED SHE UNDERSTOOD HER RIGHTS AND WAS WILLING TO SPEAK WITH ME. I EXPLAINED TO HER THE CONVERSATION THAT I HAD WITH MR RILEY AND ASKED HER WHAT SHE KNEW ABOUT THE MARIJUANA PLANTS. THE DEFENDANT ADMITTED THE PLANTS DID BELONG TO HER AND THAT SHE HAS BEEN GROWING THEM FOR HER OWN PERSONAL USE. THE DEFENDANT SAID that SHE HAS HAD THE PLANTS FOR APPROXIMATELY FOUR MONTHS AFTER SHE STARTED GROWING THEM FROM SEEDLINGS, WHEN SHE USED TO LIVE AT THE RESIDENCE. THE DEFENDANT SAID THAT THOSE WERE THE ONLY PLANTS THAT SHE HAD AND THAT SHE DID NOT WANT TO TRANSPORT THEM TO HER NEW RESIDENCE, SO SHE HAD LEFT THEM AT MR RILEYâS. THE DEFENDANT SAID THAT THE PLANTS HAD BEEN GROWING NEAR THE FRONT OF THE PROPERTY, BUT SHE HAD MOVED THEM TO THE BACK EDGE OF THE PROPERTY A FEW DAYS AGO. THE DEFENDANT SAID THAT ONE OF THE PLANTS HAS GROWN PRETTY TALL AND THAT SHE ALSO HAD SEVERAL SMALLER PLANTS ALONG WITH SEVERAL JUVENILE ONES. THE DEFENDANT STATED THAT SHE KNOWS IT IS ILLEGAL TO GROW MARIJUANA, BUT SHE DID SO DUE TO HER PAIN ISSUES AND SMOKING MARIJUANA HELPS HER PAIN. AT THAT TIME THE DEFENDANT WAS PLACED UNDER ARREST AND SEATED IN THE REAR SEAT OF MY PATROL VEHICLE, WHERE SHE WAS TRANSPORTED to the CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $10,000.00, PER THE BOND SCHEDULE. DEPUTY C HOLLOWAY (0696) RESPONDED TO THE INCIDENT LOCATION AND COLLECTED THE MARIJUANA PLANTS AND SUBMITTED THEM TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE, SEE HIS SUPPLEMENT FOR FURTHER. |
