| Probable cause affidavit: |
SUBMITTED BY: LUDLOW, CHRISTOPHER 0214 (AR12-2406) THE DEFENDANT DID UNLAWFULLY PLANT, PROPAGATE, CULTIVATE, GROW HARVEST, MANUFACTURE, COMPOUND, CONVERT, PRODUCE, PROCESS, PREPARE, TEST, ANALYZE, PACK, REPACK, STORE, CONTAIN OR CONCEAL A CONTROLLED SUBSTANCE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(2)(A) On 081612 at approximately 1130 hours, the Citrus County Sheriffâs office Tactical Impact vice/narcotics unit conducted an investigation at 183 West Albany Lane in Hernando. During this time, Probable cause was established for a search warrant and said search warrant was obtained by this Deputy. Members of the vice/narcotics unit remained at the residence and were later met by THE homeowner/Defendant, MR William FRANCIS Berry, JUNIOR. The defendant began to converse with members of the vice/ narcotics unit and made reference to utilizing one room inside his residence to grow marijuana. I arrived at the residence at approximately 1430 HOURS with THE search warrant in hand, which was previously reviewed and signed by the by the Honorable judge Thomas for the location of 183 West Albany Lane. I made contact with defendant berry who was standing in the driveway conversing with members of the vice/narcotics unit. The defendant was already informed on why we were at his residence. I informed the defendant that a search warrant was obtained for his residence and he acknowledged and volunteered to open the side door to enter inside the residence. Upon entering the residence I detected the strong odor of cannabis and the defendant pointed to a bedroom located on the southwest corner of the residence and identified this bedroom as where the cannabis was actively growing and voluntarily offered to unlock the door to this bedroom. I then read the search warrant aloud to the defendant and provided him with a copy of the search warrant. I then read the defendant Miranda via SAO card and he advised he understood his rights and agreed to freely and voluntarily speak with me. At this time I conducted a walkthrough of the entire residence and as I entered the room on the southwest corner of the residence I observed several small cannabis plants positioned inside several plastic fence posts. The cannabis plants were in small pots and there were PVC pipes attached to the fence posts. The PVC pipes were attached to water source that would turn on electronically every five minutes to provide water to the plants. Located just above the cannabis plants were silver water cooled lights and located on the walls was Mylar board. As I entered into a small bathroom just to the east of the bedroom I observed several more small plants with the same grow operation set up. I also observed several small plants growing inside a closet which is attached to the bathroom. The defendant then walked through the bedroom and bathroom with me and gave detailed information on the products and materials he used to set up the active grow. The defendant stated that he initially started growing marijuana to help a friend who had cancer. The defendant advised that he does not sell the marijuana or use the marijuana, but will occasionally provide marijuana to his friends. The defendant indicated that he has only been growing Marijuana since last October and the small grow operation that he has does not yield a large amount of marijuana. There were a total of 153 cannabis plants, five sodium water cooled lights, ballasts, Mylar board and other items associated with the active cannabis grow operation. The cannabis plants in addition to parts of the grow equipment were collected and placed into evidence. An inventory and return was completed and signed and left at the residence. At the conclusion of dismantling the cannabis grow operation the defendant was placed under arrest for cultivation of cannabis. The residence was secured by locking the side door entrance. The defendant requested we leave his garage door partially open to allow his cats access to the inside of the garage. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. |
