| Probable cause affidavit: |
SUBMITTED BY: MARSHALL, EVAN 1336 (AR15-17041)(15-142342) DID UNLAWFULLY HAVE IN HIS/HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: TWO SMALL WHITE AND RED IN COLOR STRIPS WHICH TESTED POSITIVE FOR LSD , IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN HIS/HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: ONE CLEAR VACUUM SEALED BAG CONTAINING APPROXIMATELY 19.5 GRAMS OF PSILOCYBIN COMMONLY REFERRED TO AS SHROOMs, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN HIS/HER 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: TWO WOODEN MARIJUANA SMOKING PIPES WITH RESIDUE, ONE ELECTRONIC CIGARETTE CONTAINing MARIJUANA RESIDUE, ONE BLUE IN COLOR PLASTIC TUBE CONTAINING MARIJUANA CIGARETTES, SIX WHITE IN COLOR PIPE CLEANERS, AND A MASON JAR CONTAINING MARIJUANA RESIDUE AS WELL AS MULTIPLE ROLLING PAPERS, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS/HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: 0.6 GRAMS OF USED MARIJUANA CIGARETTES, 0.6 GRAMS OF MARIJUANA SEEDS, 3.7 GRAMS OF MARIJUANA IN A PLastic BAGGIE, AND 2.3 GRAMS OF MARIJUANA IN A PLASTIC BAGGIE, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). ON 103015, I RESPONDED TO THE VALUE INN, IN HERNANDO, TO make CONTACT WITH MR MATTHEW BAILEY, THE DEFENDANT, IN REFERENCE TO AN UNRELATED DOMESTIC DISTURBANCE CASE. AFTER SPEAKING WITH THE DEFENDANT IT WAS DETERMINED HE WAS NOT going TO BE ARRESTED FOR DOMESTIC BATTERY OR BE BAKER ACTED. SERGEANT BLAIR AND I INFORMED THE DEFENDANT HE WAS NOT GOING TO BE ARRESTED FOR DOMESTIC BATTERY OR BAKER ACTED, AND ASKED HIM WHERE HE PLANNED ON GOING. THE DEFENDANT STATED THAT HE WAS going TO MOVE TO COLORADO TO LIVE IN THE MOUNTAINS. I THEN ASKED the DEFENDANT IF HE HAD ANYTHING ILLEGAL IN HIS SEVERAL BACKPACKS THAT WERE ON THE GROUND. THE DEFENDANT STATED YES, THAT HE HAD MARIJUANA IN HIS BACKPACK. WITHOUT ASKING THE DEFENDANT OPENED HIS BACKPACK AND PULLED OUT A GLASS MASON JAR AND HANDED IT TO MYSELF. IN THE JAR I OBSERVED A SMALL BAGGIE OF MARIJUANA, WHICH WAS LATER WEIGHED AND YIELDED A TOTAL WEIGHT WITH THE BAG OF 3.7 GRAMS. I THEN OPENED THE JAR AND OBSERVED A WOODEN SMOKING PIPE WITH MARIJUANA RESIDUE ON IT. I THEN ASKED the DEFENDANT IF HE HAD ANYMORE MARIJUANA IN HIS BAGS. THE DEFENDANT STATED YES AND REACHED INTO ANOTHER BAG, IN which HE OPENED UP A WOODEN BOX. SERGEANT BLAIR AND I COULD SEE IN THE BOX MULTIPLE OTHER ITEMS OF DRUG PARAPHERNALIA, AS WELL AS A SMALL BAGGIE OF MARIJUANA, WHICH WAS LATER WEIGHED, YIELDING A WEIGHT OF 2.3 GRAMS WITH THE BAG. AFTER OPENING THE BOX THE DEFENDANT QUICKLY CLOSED THE BOX AND ATTEMPTED TO STUFF IT BACK IN HIS BAG. AT WHICH TIME SERGEANT BLAIR AND I INSTRUCTED THE DEFENDANT TO STOP AND SIT DOWN ON THE GROUND. THE DEFENDANT COMPLIED AND TOOK A SEAT ON THE CURB. I THEN LOOKED INSIDE THE WOODEN BOX WHERE I FOUND A SMALL BLUE PLASTIC TUBE CONTAINING SEVERAL USED MARIJUANA CIGARETTES, COMMONLY known AS ROACHES. I ALSO FOUND in the BOX A SMALL PLASTIC BAGGIE CONTAINING SEVERAL MARIJUANA SEEDS, WITH A TOTAL APPROXIMATE WEIGHT WITH THE BAG OF 0.6 GRAMS. AS I PULLED THE MARIJUANA SEEDS AND BLUE PLASTIC TUBE OUT OF THE BOX THE DEFENDANT MADE THE SPONTANEOUS UTTERANCE âTHOSE ARE just SEEDS AND ROACHES.â I THEN CONTINUED TO LOOK IN THE BOX AND FOUND A VACUUM SEALED BAG, which APPEARED TO CONTAIN PSILOCYBIN, COMMONLY REFERRED TO AS SHROOMS. AS I PULLED THE BAG OUT OF THE BOX THE DEFENDANT STATED THAT THEY WERE SHROOMS AND THAT HE USED THEM FOR SPIRITUAL ENLIGHTENMENT. I ALSO found INSIDE THE BOX TWO RED AND WHITE CAPSULE PILLS, WHICH I PULLED FROM THE BOX. AS I PULLED THEM OUT OF THE BOX THE DEFENDANT STATED THAT HE HAD GOTTEN THOSE FROM A FRIEND AND believed THEY WERE ECSTASY. HOWEVER, THE PILLS DID NOT TEST FOR ECSTASY AND IT WAS UNKNOWN AT thAT TIME WHAT THE PILLS WERE. THE PILLS WILL BE SUBMITTED FOR TESTING. THE PSILOCYBIN WILL ALSO BE SUBMITTED FOR TESTING, DUE TO NOT HAVING A FIELD TEST KIT. I THEN OBSERVED IN THE BOX TWO SMALL WHITE AND RED IN COLOR STRIPS, WHICH APPEARED TO BE LSD. I THEN PULLED THE STRIPS OUT OF THE BOX. BOTH STRIPS WERE LATER FIELD TESTED WITH AN AGENCY APPROVED TEST KIT which YIELDED A POSITIVE RESULT FOR LSD. AT THAT TIME I READ THE DEFENDANT MIRANDA. THE DEFENDANT STATED HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH ME. I ASKED THE DEFENDANT IF THE MARIJUANA, PARAPHERNALIA, PSILOCYBIN, AND PILLS WERE HIS. THE DEFENDANT STATED THAT THE ITEMS WERE HIS AND THAT LAW ENFORCEMENT and the GOVERNMENT SHOULD NOT HAVE A SAY IN WHAT A CITIZEN INGESTED INTO THEIR BODY. THE DEFENDANT STATED THAT THOSE ITEMS WERE FOR PERSONAL USE ONLY OR SPIRITUAL ENLIGHTENMENT AND MEDITATION. I THEN ASKED the DEFENDANT WHERE HE HAD GOTTEN THE LSD STRIPS FROM AND THE DEFENDANT STATED HE HAD GOTTEN THEM FROM THE SAME GUY THAT HAD GIVEN HIM THE RED AND WHITE PILLS. I ASKED the DEFENDANT IF HE HAD EVER USED LSD BEFORE. THE DEFENDANT STATED HE HAD NOT, HOWEVER, WANTED TO TRY IT IN ORDER TO GAIN SPIRITUAL ENLIGHTENMENT. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. ALL EVIDENCE WAS PACKAGED AND LATER TURNED IN TO EVIDENCE. THE DEFENDANTâS PROPERTY, AS WELL AS HIS DOG, WAS PICKED UP BY HIS GIRLFRIEND AT HIS REQUEST. THE DEFENDANTâS BOND WAS SET AT $2,000.00, PER THE BOND SCHEDULE, FOR ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE. THE DEFENDANTâS BOND WAS SET AT $2,000.00, PER THE BOND SCHEDULE, FOR ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE. THE DEFENDANT'S BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE, FOR POSSESSION OF DRUG PARAPHERNALIA. THE DEFENDANT'S BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE, FOR POSSESSION OF CANNABIS. THROUGHOUT THE ENTIRE PROCESS the DEFENDANT WAS EXTREMELY COOPERATIVE and APPEARED TO BE HONEST. |
