| Probable cause affidavit: |
SUBMITTED BY: RUBY, SAMUEL 0562 (AR16-19348) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO-WIT: CANNABIS, WITH THE INTENT TO SELL, CULTIVATE, OR DELIVER THE SAID SUBSTANCE TO ANOTHER PERSON, IN VIOLATION OF FLORIDA STATUTE NUMBER 893.13(1)(A)(2); AND DID SELL, MANUFACTURE, DELIVER, OR POSSESS WITH INTENT TO SELL, MANUFACTURE, OR DELIVER A CONTROLLED SUBSTANCE IN A STRUCTURE OR CONVEYANCE WHERE ANY CHILD UNDER 16 YEARS OF AGE IS PRESENT, TO WIT: EXTRACTED "THC", IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 893.13(1)(G)(1), AND DID UNLAWFULLY AND FELONIOUSLY SELL, MANUFACTURE OR DELIVER OR POSSESS WITH INTENT TO SELL, MANUFACTURE OR DELIVER OR CAUSE TO BE SOLD, MANUFACTURED OR DELIVERED TO ANOTHER PERSON, A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(1)(A)(1), AND DID UNLAWFULLY AND FELONIOUSLY SELL, MANUFACTURE OR DELIVER OR POSSESS WITH INTENT TO SELL, MANUFACTURE OR DELIVER OR CAUSE TO BE SOLD, MANUFACTURED OR DELIVERED TO ANOTHER PERSON, A CONTROLLED SUBSTANCE, TO WIT: CANNABIS EXTRACTED "THC" SUBSTANCE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(1)(A)(1), AND DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CODEINE, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 893.13(6)(A), AND DID UNLAWFULLY HAVE IN HIS 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: PARAPHERNALIA SCALES AND PIPES, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 893.147(1). ON 042816, I ASSISTED MAJOR CRIMES IN THE EXECUTION OF A SEARCH WARRANT AT 312 SOUTH WASHINGTON STREET IN BEVERLY HILLS. UPON ENTERING THE DEFENDANT'S HOME, I OBSERVED A LARGE, BLACK TENT IN THE SOUTHWEST BEDROOM WHICH CONTAINED 8 SMALL MARIJUANA PLANTS IN POTS, WHICH WERE GROWN HYDROPONICALLY. THERE WERE ALSO LED LIGHTS AND REFLECTIVE MATERIAL INSIDE THE TENT ALSO INSIDE THE SOUTHWEST BEDROOM WAS A LARGE SAFE WHICH CONTAINED APPROXIMATELY 2,066 GRAMS OF A GREEN LEAFY SUBSTANCE THAT TESTED POSITIVE FOR CANNABIS IN CLEAR, PLASTIC BAGGIES. ALSO INSIDE THE SAFE WAS PACKAGED WAX PAPER IN WHAT APPEARED TO BE VACUUM SEALED BAGS CONTAINING APPROXIMATELY 358 GRAMS OF A YELLOWISH BROWN SUBSTANCE THAT TESTED POSITIVE FOR CANNABIS. ALSO IN THE SAFE THIS DETECTIVE LOCATED $20,000.00 IN U S CURRENCY AND PACKAGED CANNABIS SEEDS. ON A SHELF IN THE SAFE 8 BOTTLES OF PROMETHAZINE WITH CODEINE SYRUP WEIGHING APPROXIMATELY 2,482 GRAMS. IN THE CLOSET AREA ON A WOODEN TABLE A .9 MILLIMETER PISTOL WAS LOCATED. ALL ITEMS RELATING TO THE CULTIVATION OF CANNABIS WERE REMOVED FROM THIS ROOM AND PLACED IN EVIDENCE. THIS DETECTIVE THEN SEARCHED THE SOUTHEAST BEDROOM, ALSO KNOWN AS THE BABY'S ROOM, AND LOCATED APPROXIMATELY 10 GRAMS OF CANNABIS ON THE COFFEE TABLE INSIDE OF THE ROOM. DETECTIVES SEARCHED THE LAUNDRY ROOM AND LOCATED APPROXIMATELY 112 GRAMS OF CANNABIS IN A RACE TRAC CUP NEXT TO THE WASHING MACHINE, 12 GRAMS OF LOOSE CANNABIS ON TOP OF THE WASHING MACHINE, ALONG WITH 6 GLASS PIPES, A GRINDER AND ROLLING PAPERS. IN THE BATHROOM OF THE GARAGE WAS AN ELECTRIC SKILLET CONTAINING A LARGE POT. INSIDE OF THE POT WAS A YELLOWISH BROWN SUBSTANCE THAT TESTED POSITIVE FOR CANNABIS. THERE WAS A CLEAR AND RED FLAT LID WHICH ATTACHED TO A PUMP WITH HOSES. NEXT TO THE TOILET WAS A BOX OF EMPTY BUTANE CYLINDERS. THESE ITEMS ARE KNOWN TO BE USED AS A PART OF A "THC" EXTRACTION. ON THE KITCHEN TABLE DETECTIVES ALSO LOCATED A SMALL DIGITAL SCALE. IN THE FLORIDA ROOM OF THE RESIDENCE LEANING AGAINST THE ENTERTAINMENT CENTER WAS A GOOD TIMES OUTDOORS AR-15 RIFLE BLACK IN COLOR AND LEANING AGAINST A WALL NEAR THE BACK DOOR OF FLORIDA ROOM WAS A "ZIJIANG" MACHINERY COMPANY 12 GAUGE SEMIAUTOMATIC SHOTGUN. WHILE SPEAKING TO THE DEFENDANT PRIOR TO THE SEARCH WARRANT WAS EXECUTED, THE DEFENDANT ADVISED THIS DETECTIVE THAT INSIDE THE RESIDENCE THERE WAS 8 SMALL CANNABIS PLANTS INSIDE OF A GROW ROOM INSIDE OF THE SOUTHWEST BEDROOM. HE ALSO ADVISED THAT THERE WERE THREE GUNS INSIDE OF THE RESIDENCE. HE STATED THAT THERE WAS A SAFE IN THE ROOM WHICH CONTAINED APPROXIMATELY TWO OUNCES OF CANNABIS AND POSSIBLY SOME CODEINE. THE DEFENDANT ADVISED THIS DETECTIVE THAT EVERYTHING IN THE HOUSE BELONGED TO HIM, EXCEPT FOR PARAPHERNALIA AND A SMALL AMOUNT OF CANNABIS LOCATED IN THE FLORIDA ROOM. THIS DETECTIVE WAS ADVISED BY THE DEFENDANT'S BROTHER THAT ALL CANNABIS AND PARAPHERNALIA LOCATED IN THE FLORIDA ROOM BELONGED TO HIM. THE DEFENDANT AGAIN ADVISED THAT EVERYTHING ELSE IN THE HOME BELONGED TO HIM. THE DEFENDANT STATED THAT HE AND HIS BROTHER HAD ATTEMPTED TO MANUFACTURE OR EXTRACT "THC" FROM THE UNUSED MARIJUANA AND THE ITEMS THAT WERE USED IN THIS EXTRACTION WILL BE LOCATED IN THE GARAGE BATHROOM SHOWER. ALL ITEMS WERE COLLECTED, PHOTOGRAPHED AND TURNED IN TO EVIDENCE. THE DEFENDANT DID ADVISE WHEN ASKED BY THIS DETECTIVE WHAT THE GUNS WERE FOR THE DEFENDANT STATED THAT THEY WERE USED TO PROTECT THE CANNABIS LOCATED INSIDE THE RESIDENCE FROM BEING STOLEN. THE DEFENDANT RESIDES AT THIS RESIDENCE WITH HIS BROTHER, HIS INFANT CHILD, AND THE INFANT CHILD'S MOTHER. DUE TO THE STATUS OF THE DEFENDANT'S CHILD, HE WAS NOT CHARGED ON THIS DATE. ON 050516, I RESPONDED TO THE CITRUS COUNTY DETECTION FACILITY WHERE THE DEFENDANT WAS BEING HELD ON UNRELATED CHARGE. THE DEFENDANT WAS CHARGED WITH THE FOLLOWING: ONE COUNT POSSESSION OF CANNABIS WITH THE INTENT TO SELL/MANUFACTURE/DELIVER WITH BOND SET AT $5,000.00, ONE COUNT MANUFACTURE EXTRACTED "THC" WITH CHILD UNDER THE AGE OF 16 PRESENT WITH BOND SET AT $25,000.00, TWO COUNTS SELL/MANUFACTURE/DELIVER OR POSSESS WITH INTENT TO SELL/MANUFACTURE/DELIVER CONTROLLED SUBSTANCE (CANNABIS) WITH BOND SET AT $2,000.00 FOR EACH COUNT, ONE COUNT POSSESSION OF A CONTROLLED SUBSTANCE (CODEINE) WITH BOND SET AT $5,000.00, AND ONE COUNT POSSESSION OF DRUG PARAPHERNALIA WITH BOND SET AT $1,000.00. THE DEFENDANT'S TOTAL BOND WAS SET AT $40,000.00, PER THE BOND SCHEDULE. |
