Probable cause affidavit: |
SUBMITTED BY: SMITH, STEVE 0292 (AR09112310) INTENTIONALLY POSSESS A LISTED CHEMICAL , TO WIT: COLEMAN FUEL, PSEUDO-EPHEDRINE AND RED DEVIL LYE, WITH THE INTENT TO MANUFACTURE A CONTROLLED SUBSTANCE, IN VIOLATION OF FLORIDA STATE STATUTE 893.149(1)(A) ON 120809, MYSELF AND DEPUTY COLEMAN RESPONDED TO THE AREA OF HOLLINGSWOOD RANCH IN THE NORTH END OF THE COUNTY IN REFERENCE TO THE FENCE BEING CUT FOR A SECOND TIME. UPON ARRIVAL IN THE AREA OF THE LOCATION WHERE THE FENCE HAD BEEN CUT, MYSELF AND DEPUTY COLEMAN WALKED A TRAIL LEADING NORTH FROM THE PROPERTY. AFTER WALKING SEVERAL HUNDRED YARDS, WE DID LOCATE SEVERAL AREAS THAT CONTAINED DISCARDED GARBAGE WHICH HAD BEEN USED IN THE MANUFACTURING OF METHAMPHETAMINE. UPON CONTINUING TO FOLLOW the TRAIL, WE ARRIVED AT THE REAR OF A RESIDENCE LOCATED 11162 NORTH NIGHTHAWK TERRACE IN INGLIS, THIS RESIDENCE IS KNOWN TO THIS DEPUTY IN REFERENCE TO PREVIOUS METHAMPHETAMINE MANUFACTURING CASES AS WELL AS CONTINUOUSLY RECEIVING INFORMATION THAT THERE WAS STOLEN PROPERTY PRESENT IN THE HOUSE ALONG WITH METHAMPHETAMINE STILL BEING PRODUCED OR MANUFACTURED AT THE RESIDENCE. IT SHOULD BE NOTED THIS TRAIL WAS VERY WELL USED AND DID LEAD DIRECTLY TO THE RESIDENCE. UPON CHECKING THE WOODED AREA AROUND THE TRAIL, I LOCATED A COOK SIGHT WHICH DID STILL HAVE A COLEMAN CAN THAT HAD COLEMAN FUEL INSIDE OF IT, SEVERAL FUNNELS, A PITCHER HANGING IN A TREE WHICH CONTAINED PLASTIC BAGS AND A CONTAINER OF RED DEVIL LYE. AT THAT TIME, DEPUTY COLEMAN AND I ALSO FOUND A RECEIPT FROM CVS PHARMACY IN DUNNELLON FOR A PACKAGE OF PSEUDO-EPHEDRINE WHICH WAS PURCHASED ON 120309 AT 1436 HOURS. THIS DEPUTY TOOK THE RECEIPT INTO EVIDENCE AT THAT TIME. DEPUTY COLEMAN AND I THEN LEFT THE AREA. I MADE CONTACT WITH SERGEANT (SGT) FERRARA AND ADVISED HIM OF WHAT WE HAD FOUND. ON 121009, I MET WITH SGT FERRARA AND WE RESPONDED TO THE SAME AREA OF THE CUT IN THE FENCE AND FOLLOWED THE TRAIL BACK TO THE SAME LOCATION; HOWEVER, THIS TIME WHEN WE RESPONDED TO THE AREA WHERE THE CHEMICALS HAD BEEN LEFT, A PLASTIC TWO LITER BOTTLE WAS PRESENT, WHICH WAS KNOWN TO SGT FERRARA AND I AS BEING A METHAMPHETAMINE COOK, ONE POT, SHAKE AND BAKE METHOD. IT WAS CLEAR THAT THE SUSPECTS HAD PULLED MATERIAL FROM THE BOTTLE ONE TIME ALREADY. HOWEVER, IT WAS OBVIOUS THAT THEY PLANNED TO RETURN TO DO A SECOND PULL. AFTER WAITING FOR SOME PORTION OF TIME, WE DECIDED TO TRY A DIFFERENT APPROACH AND CONDUCT A KNOCK AND TALK AT THE RESIDENCE ON NORTH NIGHTHAWK TERRACE. UPON ARRIVAL ON NORTH NIGHTHAWK TERRACE, WE EXITED THE VEHICLE. SGT FERRARA MADE CONTACT WITH SEVERAL FEMALES ON THE OUTSIDE. I MADE CONTACT WITH A YOUNGER WHITE FEMALE WHO WAS KNOWN TO THIS DEPUTY TO BE INVOLVED IN THE MANUFACTURE AND USE OF METHAMPHETAMINE. SHE WAS EXTREMELY NERVOUS WHEN I MADE CONTACT WITH HER. IT WAS EXPLAINED TO HER THAT I WAS AT THE RESIDENCE FOR SEVERAL REASONS, ONE OF WHICH WAS THAT I HAD RECEIVED INFORMATION THAT POSSIBLY STOLEN ITEMS WERE LOCATED INSIDE OF THE RESIDENCE. SHE ADVISED THAT THERE WERE DEFINITELY NO STOLEN ITEMS INSIDE OF THE HOUSE AND THAT I WAS WELCOME TO COME INSIDE. UPON ENTERING THE RESIDENCE IT WAS LEARNED THAT THERE WAS A TOTAL OF NINE ADULTS, ONE SEVENTEEN YEAR OLD, TWO BABIES AND A FIVE YEAR OLD STAYING AT THE RESIDENCE. I ASKED IF EVERYONE COULD COME INTO THE LIVING ROOM SO I COULD SPEAK WITH THEM ALL AT ONCE AND EVERYONE DID COME INTO THE LIVING ROOM. I EXPLAINED TO THEM THAT I WAS THERE FOR SEVERAL REASONS, ONE OF WHICH WAS THAT THERE WERE POSSIBLY STOLEN ITEMS INSIDE THE RESIDENCE. ALL PARTIES AGREED THERE WERE NO STOLEN ITEMS INSIDE THE RESIDENCE. I THEN BEGAN TO ASK THOSE INDIVIDUALS WHO HAD BEDROOMS IF THEY WOULD MIND ACCOMPANYING ME INTO THEIR BEDROOM AND ALLOWING ME TO CHECK FOR STOLEN ITEMS. UPON REACHING THE LAST BEDROOM, WHICH BELONGED TO THE JUVENILE DEFENDANT, HE ACCOMPANIED ME INTO HIS BEDROOM. I ASKED HIM SEVERAL TIMES IF HE WAS SURE HE DID NOT MIND IF I LOOKED IN HIS ROOM, TO WHICH HE STATED HE DID NOT. UPON CHECKING HIS ROOM, THERE WAS A PAIR OF WHITE RUBBER BOOTS SITTING BESIDE THE BED WHICH I NOTICED CONTAINED COFFEE FILTERS. UPON GETTING TO THE CLOSET AREA, WHICH HAD MOUNDS OF CLOTHES ON THE BOTTOM OF THE CLOSET, I ASKED IF HE MINDED IF I WENT THROUGH HIS CLOTHES. the JUVENILE DEFENDANT STATED HE DID NOT MIND. I IMMEDIATELY NOTICED A BLUE MARIJUANA BONG. WHEN ASKED IF IT WAS HIS, THE JUVENILE DEFENDANT STATE IT WAS. UPON MOVING THE CLOTHES AROUND, I OBSERVED NUMEROUS SANDWICH BAGS, A PYREX PLATE, A GATOR-AID JUG WHICH CONTAINED A BI-LAYERED LIQUID, AND A ZIP LOC BOX THAT CONTAINED SEVERAL CONTAINERS OF SWIMMING POOL TEST STRIPS. ALL OF THESE ITEMS WERE USED IN THE MANUFACTURE OF METHAMPHETAMINE. AT THAT TIME, I ASKED ALL THE PEOPLE IF THEY WOULD MEET ME IN THE LIVING ROOM, AT WHICH TIME THEY DID. I ASKED FOR FURTHER UNITS TO HELP SECURE THE AREA. UPON THE ARRIVAL OF BACKUP UNITS, THE JUVENILE DEFENDANT AND I, ALONG WITH THE JUVENILE DEFENDANT'S FATHER, WENT TO A REAR BEDROOM WHERE A DIGITALLY RECORDED INTERVIEW WAS CONDUCTED. THE JUVENILE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA A PRE-PRINTED CARD ON TAPE, TO WHICH HE STATED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH THIS DEPUTY. THE JUVENILE DEFENDANT DID ADMIT TO THE METHAMPHETAMINE COOK IN THE WOODS AS WELL AS TO THE ITEMS LOCATED IN HIS ROOM. HE ADVISED THAT HE HAD COOKED APPROXIMATELY FOUR TO SIX TIMES IN HIS LIFE . HE ALSO ADMITTED TO THE USE OF METHAMPHETAMINE. WHEN ASKED IF HE MANUFACTURED THE METHAMPHETAMINE BY HIMSELF, HE SAID NO; THAT DEFENDANT TWO, MR SAMUEL BREWER WAS USUALLY always WITH HIM AND HELPED HIM PREPARE IT. WHEN ASKED IF HE SOLD THE METHAMPHETAMINE, HE SAID NO; THAT DEFENDANT BREWER NORMALLY PAYS HIM CASH FOR THE PRODUCT AND THAT HE WOULD NORMALLY KEEP SOME FOR HIS PERSONAL USE. THE JUVENILE DEFENDANT ALSO ADVISED THAT HE AND DEFENDANT BREWER PLACED THE ITEMS IN HIS BEDROOM. UPON COMPLETION OF the INTERVIEW, I ALLOWED THE MAJORITY OF THE OTHER PARTIES AT THE SCENE WHO WANTED TO LEAVE THE AREA, TO LEAVE THE AREA. SGT FERRARA MADE CONTACT WITH THE DRUG ENFORCEMENT AGENCY (DEA DEA) REFERENCE THE LAB CLEAN UP. HE ALSO MADE CONTACT WITH DETECTIVE BLAIR WHO IS LAB CERTIFIED AS WELL AS A CRIME SCENE TECHNICIAN. WHILE DETECTIVE BLAIR WAS COLLECTING THE LAB EVIDENCE AT THE SCENE, TWO WHITE MALES SUBJECTS ARRIVED AT THE RESIDENCE, ONE OF WHOM WAS DEFENDANT BREWER. UPON MAKING CONTACT WITH DEFENDANT BREWER, HE AT FIRST DENIED ANY INVOLVEMENT; HOWEVER, HE QUICKLY CHANGED AND BECAME REMORSEFUL. AT THAT TIME, A TAPED INTERVIEW WAS CONDUCTED. DEFENDANT BREWER WAS READ HIS MIRANDA WARNINGS VIA PRE-PRINTED CARD, ON TAPE. HE WAS ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE STATED HE DID. WHEN ASKED IF HE STILL WANTED TO SPEAK WITH this DEPUTY, HE STATED HE DID. DEFENDANT BREWER THEN CONFESSED TO THE LAB BEING HIS AND THE JUVENILE DEFENDANT'S. HE ALSO ADMITTED TO PLACING SOME OF THE ITEMS IN the JUVENILE DEFENDANT'S ROOM. HE ADVISED HE HAD COOKED APPROXIMATELY EIGHTEEN (18) TIMES IN HIS LIFE. WHEN ASKED HOW MUCH METHAMPHETAMINE THEY NORMALLY GET FROM A COOK, HE ADVISED APPROXIMATELY FOUR GRAMS ON THE FIRST PULL AND TWO TO THREE GRAMS ON THE SECOND PULL. DEFENDANT BREWER ALSO ADMITTED TO SELLING SOME OF THE PRODUCT 'TO GET BY.' WHEN ASKED HOW HE RECEIVED THE PSEUDO-EPHEDRINE, HE ADVISED HE BOUGHT SOME IF IT BUT MOST CAME FROM PEOPLE HE WOULD BUY THE BOXES FROM. WHEN ASKED IF THE PEOPLE HE BOUGHT THE BOXES FROM GOT A BREAK ON THE METHAMPHETAMINE HE SOLD THEM, HE ADVISED SOMETIMES, AND SOMETIMES HE WOULD JUST BUY the BOXES FROM THEM. DEFENDANT BREWER DID ADMIT that SEVERAL OF THE OTHER COOK SIGHTS IN THE AREA WERE POSSIBLY HIS BECAUSE HE HAD COOKED ON SEVERAL OCCASIONS BEHIND THE RESIDENCE. HE WAS ASKED IF THERE WERE ANY OF HIS CLOTHES AT THE SCENE, TO WHICH HE ADVISED HE HAD GIVEN THE JUVENILE DEFENDANT A GREY SHIRT TO WRAP AROUND THE BOTTLE TO INSULATE IT. IT SHOULD BE NOTED THIS SHIRT WAS AT THE SCENE, WRAPPED AROUND THE BOTTLE. DEFENDANT BREWER AND THE JUVENILE DEFENDANT WERE PLACED UNDER ARREST. THE WERE HANDCUFFED (DOUBLE LOCKED) behind their backs and transported separately TO THE CITRUS COUNTY DETENtION FACILITY. UPON ARRIVAL, defendant brewer Was CHARGED WITH POSSESSION OF A LISTED CHEMICAL, TO WIT: COLEMAN FUEL, PSeUDO-ephedrine AnD RED DEVIL LYE. DEFendant BREWER's bond WAS SET AT $5,000.00, PER THE BOND SCHEDULE. THE JUVENILE assessment center was contacted and advised that the juvenile DEFENDANT could be released to THE CUSTODY OF HIS FATHER. *NOT-EXEMPT* |