| Probable cause affidavit: |
SUBMITTED BY: CONLEY, STEPHEN 0290 (AR07100712) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION AN ILLEGAL SUBSTANCE, TO WIT: MARIJUANA, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)A. AND DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH 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, SAID OBJECT BEING: MISCELLANEOUS ITEMS, TO INCLUDE MULTIPLE PIPES, ROLLING PAPERS, TWO PACKS COOPER SCREENS, PLASTIC BAGGIES, TWO PACKS ROLLING PAPERS, HOMEMADE WATER BONG , IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1)A. ON 121007, I RESPONDED TO MAPLE AVENUE IN INVERNESS TO ASSIST DEPUTY HOLTZHOUSE ON A WARRANT ARREST (07120348). UPON MY ARRIVAL, DEPUTY HOLTZHOUSE WAS ALREADY INSIDE THE RESIDENCE AND ADVISED HE HAD MADE CONTACT WITH THE SUBJECT WITH THE WARRANT. I ENTERED THE RESIDENCE THROUGH THE FRONT DOOR WHICH OPENS INTO THE LIVING ROOM. I OBSERVED A WHITE MALE, IDENTIFIED AS MR JAMES LUCENTE SITTING IN A CHAIR. THERE WAS A SMALL END TABLE BESIDE THE CHAIR AND ON THE TABLE WAS A SMALL BROWN BOWL CONTAINING A GREEN LEAFY SUBSTANCE. THERE WAS ALSO A SMALL GOLD PIPE AND A BARBEQUE SAUCE BOTTLE MADE INTO A WATER BONG ON THE TABLE. THESE ITEMS COULD BE SEEN JUST BY LOOKING AT THE TABLE AND DID NOT NEED ANY MANIPULATION OR MOVEMENT OF OTHER OBJECTS TO OBSERVE AND IDENTIFY THEM. BASED ON MY TRAINING AND EXPERIENCE, I RECOGNIZED THE GREEN SUBSTANCE AS MARIJUANA AND THE OTHER ITEMS AS PARAPHERNALIA TO SMOKE MARIJUANA. I BEGAN SPEAKING WITH MR LUCENTE AND ASKED HIM IF HE RESIDED AT THE RESIDENCE, WHICH HE ANSWERED "YES". I ASKED MR LUCENTE IF ANYONE ELSE LIVED IN THE HOME WITH HIM AND HE ANSWERED "NO". I THEN BEGAN SPEAKING TO MR LUCENTE ABOUT HIS MEDICAL CONDITION, WHICH HE WAS VERY CANDID AND FORWARD WITH. I ASKED HIM IF HE WAS PRESCRIBED MARIJUANA AND HE STATED THAT HE DOES HAVE A PRESCRIPTION FOR MARINOL. HE SHOWED ME HIS PRESCRIPTION AND I CONFIRMED THIS INFORMATION. I ADVISED MR LUCENTE THAT BY HAVING A PRESCRIPTION FOR MARINOL HE CANNOT ILLEGALLY POSSESS MARIJUANA OFF OF THE STREET, AND HE STATED THAT HE KNEW THAT IT WAS ILLEGAL. I ASKED MR LUCENTE IF THERE WAS ANY MORE MARIJUANA IN THE RESIDENCE AND HE ADVISED THAT THERE WAS MORE IN HIS ROOM. I ASKED HIM IF HE WOULD MIND GETTING IT FOR ME AND HE STATED "SURE." I THEN FOLLOWED MR LUCENTE INTO HIS BEDROOM. MR LUCENTE WALKED TO HIS DRESSER AND ON TOP OF IT WAS A GLASS ALLIGATOR PIPE WITH RESIDUE. THERE WAS ALSO A BROWN BOWL WITH A LID, WHICH MR LUCENTE OPENED. INSIDE THE BOWL I OBSERVED MORE PARAPHERNALIA TO INCLUDE: TWO PACKS OF COPPER SCREENS, SEVERAL EMPTY PLASTIC BAGGIES, TWO PACKS OF ROLLING PAPERS, LOOSE ROLLING PAPERS, TWO BRASS PIPES WITH RESIDUE AND ONE BLACK PIPE WITH RESIDUE. I ADVISED MR LUCENTE THAT HE CANNOT POSSESS THESE ITEMS. MR LUCENTE THEN OPENED UP THE TOP DRAWER TO THE DRESSER AND REVEALED TWO PLASTIC BAGGIES CONTAINING MORE MARIJUANA. THESE ITEMS WERE ALL TAKEN FROM MR LUCENTE'S POSSESSION AND SECURED. THE GREEN SUBSTANCE FROM THE BOWL AND BOTH BAGGIES ALL FIELD TESTED POSITIVE FOR MARIJUANA. MR LUCENTE WAS ARRESTED, HANDCUFFED IN FRONT (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. DUE TO MR LUCENTE'S COOPERATION AND DOCUMENTED MEDICAL CONDITION, HE WAS RELEASED ON HIS OWN RECOGNIZANCE. ALL CONTRABAND WAS LATER PACKAGED AND TURNED INTO EVIDENCE. THE MARIJUANA IN THE SMALL BOWL WEIGHED APPROXIMATELY FOUR GRAMS. THE WEIGHT OF THE TWO BAGGIES CONTAINING THE MARIJUANA WAS APPROXIMATELY 40 GRAMS TOTAL. *NOT-EXEMPT* |
