| Probable cause affidavit: |
SUBMITTED BY: LAKATIS, KENNETH 0585 (AR11121529) DID UNLAWFULLY AND KNOWINGLY MANUFACTURE OR CULTIVATE A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(1)(A)(2) AND 893.03(1)(C)(7). DID UNLAWFULLY LEASE, RENT, OR POSSESS A STRUCTURE FOR TRAFFICKING IN OR MANUFACTURING OF A CONTROLLED SUBSTANCE, IN VIOLATION OF FLORIDA STATE STATUTE 893.1351(2). DID UNLAWFULLY POSSESS WITH THE INTENT TO USE DRUG PARAPHERNALIA TO PLANT, PROROGATE, CULTIVATE, GROW OR HARVEST MARIJUANA, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1)(A). DID, KNOWING HIS DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2). ON 063011, DEPUTY CRUZ AND I RESPONDED TO 1 QUAIL RUN IN HOMOSASSA IN REFERENCE TO A KNOCK AND TALK INVESTIGATION. IT HAD BEEN PREVIOUSLY ADVISED BY AN ANONYMOUS TIP THAT THE SUBJECT LIVING AT THE ABOVE ADDRESS WAS GROWING MARIJUANA IN A SCREEN ROOM WHICH WAS ATTACHED TO THAT RESIDENCE. UPON ARRIVAL, DEPUTY CRUZ AND I ATTEMPTED TO MAKE CONTACT WITH THE OCCUPANTS OF THE RESIDENCE, HOWEVER, NO ONE WAS HOME. WHILE SPEAKING WITH THE NEIGHBORS ABOUT THE SUBJECTS, IT WAS ADVISED THAT THEY WERE IN THE PROCESS OF MOVING AND HAD LEFT EARLIER IN THE MORNING BUT MAY RETURN. SHORTLY THEREAFTER, A RED JEEP CHEROKEE PULLED UP ALONG WITH A VAN PULLING A TRAILER. I MADE CONTACT WITH THE DRIVER OF THE JEEP, MR PAUL HODAKOWSKI (DEFENDANT). I ASKED HIM IF HE LIVED AT THE ABOVE ADDRESS AND HE SAID YES. I THEN ASKED HIM IF HE COULD PROVIDE ME WITH A DRIVER'S LICENSE OR IDENTIFICATION CARD. MR HODAKOWSKI TOLD ME HE DID NOT HAVE A LICENSE BUT PROVIDED ME WITH HIS NAME AND DATE OF BIRTH. HIS NAME WAS RUN THROUGH "D.A.V.I.D." WHICH CONFIRMED HIS DRIVER'S LICENSE WAS REVOKED. WHILE DOING SO, I EXPLAINED THAT I WAS INVESTIGATING AN ANONYMOUS TIP IN REFERENCE TO MARIJUANA GROWING AT HIS RESIDENCE. MR HODAKOWSKI TOLD ME THAT THERE WAS NOTHING IN THE RESIDENCE AND THAT WE COULD NOT GAIN ACCESS INTO THE RESIDENCE BECAUSE HE DID NOT HAVE A KEY. I THEN EXPLAINED TO MR HODAKOWSKI THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING WHILE LICENSE SUSPENDED (DWLS), KNOWINGLY, AS I HAD SEEN HIM DRIVE UP TO THE RESIDENCE. I ALSO EXPLAINED TO HIM THAT I HAD ESTABLISHED ENOUGH PROBABLE CAUSE PRIOR TO HIS ARRIVAL FOR A SEARCH WARRANT. A SEARCH WARRANT WAS THEN PREPARED AND LATER SIGNED BY THE HONORABLE JUDGE FALVEY. MEMBERS OF THE TACTICAL IMPACT UNIT THEN EXECUTED THAT SEARCH WARRANT AT 1 QUAIL RUN IN HOMOSASSA IN CITRUS COUNTY, FLORIDA. DURING THE SEARCH OF THAT RESIDENCE, 58 MARIJUANA PLANTS WERE LOCATED IN TWO DIFFERENT SCREEN ROOMS WHICH WERE ATTACHED TO THE RESIDENCE ALONG WITH SEVERAL ITEMS OF PARAPHERNALIA TO INCLUDE POTTING SOIL, FERTILIZER, AND WATERING DEVICES. ALSO FOUND DURING THE SEARCH WAS A LEASE AGREEMENT SHOWING THAT THE DEFENDANT WAS LEASING THE PROPERTY FROM A MR STAFFORD. SEVERAL FIREARMS WERE LOCATED AND CONFISCATED BECAUSE THE DEFENDANT HAS A FELONY CONVICTION OUT OF New York STATE, HOWEVER, THE DEFENDANT WAS NOT CHARGED WITH POSSESSION OF THE FIREARMS AT THIS TIME. BUT I WILL FOLLOW-UP WITH THE NEW YORK CLEMENCY BOARD TOMORROW. AFTER COMPLETING THE SEARCH WARRANT AND LEAVING AN INVENTORY AND RETURN FORM AT THE RESIDENCE, I RESPONDED TO THE CITRUS COUNTY DETENTION FACILITY WHERE I MADE CONTACT WITH THE DEFENDANT. THE DEFENDANT WAS READ HIS MIRANDA WARNING VIA PREPRINTED CARD. DURING THE POST MIRANDA INTERVIEW, THE DEFENDANT ADMITTED TO CULTIVATING THE MARIJUANA PLANTS FOR PERSONAL USE. THE DEFENDANT ADVISED HE DOES NOT SELL MARIJUANA AND HE WAS THE SOLE CARETAKER OF THE PLANTS. THE DEFENDANT WAS CHARGED WITH POSSESSION OF A CONTROLLED SUBSTANCE, POSSESSION OF DRUG PARAPHERNALIA, LEASING OR RENTING OR MANUFACTURING A CONTROLLED SUBSTANCE, AND DRIVING WHILE LICENSE SUSPENDED (DWLS), KNOWINGLY. THE DEFENDANT'S BOND WAS SET AT A TOTAL BOND OF $21,000.00. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION (UTC), NUMBER 7260-GJX-5, FOR DWLS, KNOWINGLY. THE DEFENDANT WAS PROVIDED A COPY OF THE SEARCH WARRANT. "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* |
