| Probable cause affidavit: |
SUBMITTED BY: SMITH, STEVE 0292 (AR11120498) 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: ROLLING PAPERS, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B); AND DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS/HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). ON 042711, A LAWFUL SEARCH WARRANT WAS EXECUTED AT 11162 NORTH NIGHTHAWK TERRACE. UPON THE SEARCH WARRANT BEING EXECUTED ALL THE INDIVIDUALS INSIDE THE RESIDENCE WERE SECURED AND SEGREGATED FOR INTERVIEW. UPON THIS DEPUTY MAKING CONTACT WITH DEFENDANT RYAN SPEARS, HE WAS ADVISED THAT WE WOULD BE CONDUCTING A TAPED DIGITAL RECORDING. THE DIGITAL RECORDER WAS ACTIVATED AND DEFENDANT RYAN SPEARS WAS READ MIRANDA FROM A PREPRINTED CARD. WHEN ASKED IF HE STILL WANTED TO SPEAK WITH THIS DEPUTY AND IF HE UNDERSTOOD HIS RIGHTS HE ADVISED THAT HE DID. AT THAT TIME, I BEGAN SPEAKING WITH HIM IN REFERENCE TO THE ILLEGAL ACTIVITY THAT WAS GOING ON AT THE RESIDENCE. HE ADVISED ME THAT HE and HIS GIRLFRIEND, DEFENDANT TIFFANY PEREZ, AND THEIR TWO SMALL CHILDREN WERE ONLY LIVING AT THE RESIDENCE FOR A SHORT PERIOD OF TIME, HOWEVER, HE DID ADVISE THAT HE DID KNOW OF THE ILLEGAL ACTIVITY AS FAR AS THE PILL AND METHAMPHETAMINE USE. HE ALSO ADMITTED TO THIS DEPUTY WHEN HE WAS ASKED WHAT ILLEGAL ITEMS I WOULD FIND IN HIS AND DEFENDANT PEREZ'S ROOM, HE STATED IT WOULD JUST BE SOME MARIJUANA AND SOME ROLLING PAPERS. HE DID TELL THIS DEPUTY THAT IT WAS THE ONLY NARCOTICS THAT HE WAS USING AT THAT TIME AND DID EXPLAIN TO THIS DEPUTY WHERE THE ROLLING PAPERS WOULD BE. AT THAT TIME, THE TAPED INTERVIEW WAS CONCLUDED. I THEN MADE CONTACT WITH DEFENDANT PEREZ. SHE WAS ADVISED THAT WE WOULD BE CONDUCTING A TAPED DIGITAL RECORDING. THE RECORDER WAS ACTIVATED AND DEFENDANT PEREZ WAS READ MIRANDA FROM A PREPRINTED CARD. WHEN ASKED IF SHE STILL WANTED TO SPEAK WITH THIS DEPUTY AND IF SHE UNDERSTOOD HIS RIGHTS SHE ADVISED THAT SHE DID. SHE ADVISED THAT SHE ALSO KNEW OF THE ILLEGAL ACTIVITY IN THE RESIDENCE, HOWEVER, SHE AND DEFENDANT RYAN SPEARS DID NOT PARTAKE IN THE USE OF METHAMPHETAMINE. WHEN ASKED IF SHE WAS DRUG TESTED TODAY WHAT WOULD SHE TEST POSITIVE FOR, SHE ADVISED MARIJUANA AND PRESCRIPTION DRUGS THAT WERE PRESCRIBED TO HER. SHE ALSO STATED THAT SHE AND DEFENDANT RYAN SPEARS SMOKED MARIJUANA. SHE ALSO TOLD ME THAT WE WOULD FIND ROLLING PAPERS INSIDE THE ROOM. AT THAT TIME, THE TAPED INTERVIEW WAS CONCLUDED. A SEARCH OF THE TWO DEFENDANTS' ROOM DID LEAD TO THE DISCOVERY OF A SMALL AMOUNT OF MARIJUANA IN THE ASH TRAY AS WELL AS THE PACK OF ROLLING PAPERS IN THE DRESSER DRAWER WHERE BOTH DEFENDANTS SAID THEY WOULD BE. BOTH DEFENDANTS WERE ARRESTED, HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED to the CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT. BOND WAS SET AT $1,000.00 EACH FOR ONE COUNT OF POSSESSION OF MARIJUANA AND ONE COUNT OF POSSESSION OF PARAPHERNALIA. "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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
