| Probable cause affidavit: |
SUBMITTED BY: MCLAUGHLIN-PERRY, ALLISON 0507 (AR14-9088) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO-WIT: TWO (2) GRAMS OF âCRACKâ COCAINE, WITH THE INTENT TO SELL THE SAID SUBSTANCE TO ANOTHER PERSON, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(1); 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: A CANNABIS GRINDER WITH RESIDUE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B). ON 021414, THE CITRUS COUNTY SHERIFF'S OFFICE TACTICAL IMPACT AND VICE NARCOTIC UNIT, WITH ASSISTANCE OF THE CITRUS COUNTY SHERIFF'S OFFICE SWAT TEAM PERFORMED A SEARCH WARRANT INVESTIGATION, WHICH WAS CONDUCTED IN CITRUS COUNTY LOCATED AT 6429 WEST FOLGER COURT, HOMOSASSA, CITRUS COUNTY FLORIDA. YOUR AFFIANT PREVIOUSLY CONDUCTED AN INVESTIGATION AND DEVELOPED PROBABLE CAUSE FOR A SEARCH WARRANT AFFIDAVIT, WHICH WAS REVIEWED AND SIGNED BY THE HONORABLE JUDGE LISA HERNDON FOR THE AFOREMENTIONED RESIDENCE. ON 021414, MEMBERS OF THE CITRUS COUNTY SHERIFF'S OFFICE SWAT TEAM AND TACTICAL IMPACT UNIT RESPONDED TO THE RESIDENCE LOCATED AT 6429 WEST FOLGER COURT, HOMOSASSA, CITRUS COUNTY, AT APPROXIMATELY 0550 HOURS. UPON OUR ARRIVAL, THE SWAT TEAM APPROACHED THE RESIDENCE AND ANNOUNCED THEMSELVES. ONCE CONTACT WAS MADE WITH THE OCCUPANTS OF THE HOME (CO-DEFENDANTS), MEMBERS OF THE CITRUS COUNTY SWAT TEAM SECURED THE OCCUPANTS IN HANDCUFFS, AND RELOCATED ALL THE OCCUPANTS OF THE HOME IN THE LIVING ROOM OF THE RESIDENCE. THE REMAINDER OF THE HOME WAS RENDERED SAFE AND SECURED. YOUR AFFIANT READ THE SEARCH WARRANT IN ITS ENTIRETY TO MR TONY STEWART (DEFENDANT), AND THE REMAINDER OF THE OCCUPANTS, TO WHICH THEY ALL ADVISED VERBALLY THAT THEY UNDERSTOOD AND IN ADDITION WAS READ MIRANDA RIGHTS VIA PREPRINTED AGENCY ISSUED CARD. AFTER READING THE DEFENDANT MIRANDA, I ASKED THE DEFENDANT IF HE WISHED TO SPEAK WITH ME IN REFERENCE TO WHY WE WERE AT HIS RESIDENCE. THE DEFENDANT THEN STATED THAT HE KNOWS HIS RIGHT AND WISHES TO INVOKE HIS RIGHT TO REMAIN SILENT. THE DEFENDANT WAS EXPLAINED THAT AS PART OF THE PARAMETERS OF THE SEARCH WARRANT, MEMBERS OF THE TACTICAL IMPACT/VICE NARCOTICS UNIT WOULD BE CONDUCTING A SEARCH OF THE RESIDENCE, TO WHICH HE ADVISED THAT HE UNDERSTOOD AND REMAINED IN THE LIVING ROOM IN THE PRESENCE OF DETECTIVE STRICKLAND. THE DEFENDANTâS BEDROOM WAS DETERMINED TO BE HIS BY PERSONAL INFORMATION BEARING THE DEFENDANTâS NAME, IDENTIFICATION CARDS, CLOTHING, AND STATEMENTS MADE BY OTHER OCCUPANTS OF THE HOME. WHILE CONDUCTING A SEARCH OF THE DEFENDANTâS BEDROOM, DETECTIVE BERGEN LOCATED TWO (2) GRAMS OF âCRACKâ COCAINE LOCATED BY THE NIGHT STAND NEAR THE BEDROOM CLOSET. DEPUTY SMITH LOCATED, ON THE DRESSER OF THE BEDROOM, A SMALL AMOUNT OF âCRACKâ COCAINE (1/4 GRAM), WHICH WAS CONTAINED IN A PLASTIC BAGGIE. DEPUTY SMITH ALSO LOCATED A CANNABIS GRINDER ON THE DRESSER, WHICH CONTAINED CANNABIS RESIDUE. ALL ITEMS OF EVIDENTIARY VALUE WERE COLLECTED, PACKAGED IN ACCORDANCE WITH AGENCY POLICY, AND TURNED INTO THE TO CITRUS COUNTY SHERIFFâS OFFICE EVIDENCE LOCKER BY DEPUTY PARSONS. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY BY DEPUTY SLINGERLAND IN THE REAR OF HIS PATROL VEHICLE, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. THE DEFENDANTâS BOND WAS SET AT $5,500.00 PER THE BOND SCHEDULE. |
