Probable cause affidavit: |
SUBMITTED BY: SMITH, STEVE 0292 (AR08104565) did unlawfully have in HIS actual or constructive possession a controlled substance, to-wit: Cannabis, commonly known as Marijuana, with the intent to sell the said substance to another person, in violation of Florida Statutes 893.03(1)(c)7 and 893.13(1)(a)(1) AND Did knowingly, willfully and feloniously be in the actual or constructive possession of a controlled substance, to-wit: OXYCODONE, in violation of Florida Statutes 893.13(6)(a) and 893.03(C)(D) AND DId unlawfully and knowingly manufacture or cultivate a controlled substance, to-wit: Cannabis, commonly referred to as Marijuana, in violation of Florida Statute 893.13(1)(a)2 and 893.03(1)(c)7 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 (MARIJUANA), TO WIT: SCALES, PLASTIC BAGGIES IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B). ON 080608 AT APPROXIMATELY 0115 HOURS, A SEARCH WARRANT WAS ISSUED TO A RESIDENCE LOCATED AT 6795 WEST ORLEANS LANE IN DUNNELLON, IN WHICH THE DEFENDANT, MR THOMAS KUZBAR, WAS A RESIDENT. THE SEARCH WARRANT WAS SIGNED BY JUDGE MARK YERMAN and WAS FOR THE SEARCH OF MARIJUANA AND PARAPHERNALIA. AT APPROXIMATELY 0200 HOURS, THE SEARCH WARRANT WAS EXECUTED, AT which TIME, CONTACT WAS MADE with THE DEFENDANT. SEARCH OF THE DEFENDANT REVEALED A SMALL PLASTIC BAGGIE CONTAINING SMALL BLUE PILLS IN THE DEFENDANT'S WAISTBAND. THESE WERE LATER IDENTIFIED BY POISON CONTROL AS OXYCODONE, A SCHEDULE TWO NARCOTIC. FURTHER SEARCH OF the DEFENDANT'S BEDROOM REVEALED TWO DIGITAL SCALES WITH TRACE MARIJUANA, A HAND SCALE, SMALL ZIPLOC BAGGIES CONTAINING SMALL AMOUNTS OF MARIJUANA, LEDGERS SHOWING PEOPLES NAMES WITH AMOUNTS AND OTHER MISCELLANEOUS ITEMS. ALSO DISCOVERED IN A PLASTIC BAGGIE INSIDE A SPORTS JACKET HANGING IN THE CLOSET WAS $5,500.00 IN U S CURRENCY. FURTHER SEARCH OF THE DEFENDANT'S VEHICLE REVEALED A MEDIUM SIZED SUITCASE WITH NUMEROUS CLEAR PLASTIC BAGGIES CONTAINING MARIJUANA, WITH AN ESTIMATED AMOUNT BEING APPROXIMATELY FIVE POUNDS OF MARIJUANA. THERE WAS ALSO ONE BAGGIE ALSO CONTAINING A LARGE AMOUNT OF MARIJUANA SEEDS. SEARCH OF A WOODED AREA DIRECTLY BEHIND A SHED REVEALED AN APPROXIMATELY FOUR FOOT TALL MARIJUANA PLANT, WITH FERTILIZER SPREAD AROUND THE BASE OF the TRUNK. FERTILIZER OF A SIMILAR CONSISTENCY WAS DISCOVERED INSIDE the SHED. MIRANDA WAS READ TO THE DEFENDANT, AT which TIME, HE WAS ESCORTED IN TO HIS BEDROOM AND POINTED OUT DIFFERENT LOCATIONS WHERE SMALL AMOUNTS OF MARIJUANA WERE KEPT, AS WELL AS OTHER CONTRABAND. the DEFENDANT LATER ADVISED HE WOULD NORMALLY RECEIVE TEN POUNDS OF MARIJUANA EACH WEEK AND THAT HE HAD ONLY APPROXIMATELY TWO POUNDS LEFT IN HIS VEHICLE AND THAT HE PAID AN ESTIMATED AMOUNT OF $6,500.00 FOR THE MARIJUANA. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT WAS PROCESSED AND CHARGED WITH THE AFOREMENTIONED CHARGES, WITH HIS BOND SET AT $9,500.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |