| Probable cause affidavit: |
SUBMITTED BY: CARRERAS, JOSE 0481 (AR11118946) did knowingly, willfully and feloniously be in the actual or constructive possession of a controlled substance WITH INTENT TO SELL, to-wit: COCAINE, in violation of Florida Statutes 893.13(1)(A)(1); did knowingly, willfully and feloniously be in the actual or constructive possession of a controlled substance WITH INTENT TO SELL, to-wit: LORAZAPAM, in violation of Florida Statutes 893.13(1)(A)(2); DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: COCAINE, CLONALZEPAM, LORAZEPAM, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS 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); 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: SCALES, COCAINE VIALS, PLASTIC BAGGIES WITH COCAINE RESIDUE AND REGULAR PLASTIC BAGGIES, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1). ON JANUARY 21, 2011, THE CITRUS COUNTY SHERIFF'S OFFICE TACTICAL IMPACT AND VICE NARCOTICS UNIT CONDUCTED A SEARCH WARRANT INVESTIGATION IN CITRUS COUNTY AT 2131 WEST DEVON DRIVE, IN DUNNELLON. THIS DEPUTY PREVIOUSLY CONDUCTED AN INVESTIGATION AND DEVELOPED A SEARCH WARRANT AFFIDAVIT WHICH WAS REVIEWED AND SIGNED BY THE HONORABLE JUDGE FALVEY ON JANUARY 14, 2011. ON 012111, MEMBERS OF THE CITRUS COUNTY SHERIFF'S OFFICE TACTICAL IMPACT AND VICE NARCOTICS UNIT RESPONDED TO THE RESIDENCE LOCATED AT 2131 WEST DEVON DRIVE, IN DUNNELLON. UPON ARRIVAL AT THE RESIDENCE, TEAM MEMBERS LOUDLY KNOCKED ON THE FRONT DOOR SEVERAL TIMES ANNOUNCING "SHERIFF'S OFFICE SEARCH WARRANT.” AFTER THE THIRD ANNOUNCEMENT, MEMBERS OF THE UNIT BREACHED THE DOOR. ONCE ENTRY WAS MADE INTO THE RESIDENCE ALL OCCUPANTS WERE SECURED AND DETAINED IN THE LIVING ROOM AREA OF THE HOME. SUBJECTS FOUND INSIDE THE HOME WERE THE DEFENDANT, MR RONALD BOSTICK, AND HIS GIRLFRIEND, MS AMBER RUSSELL. ALL SUBJECTS WERE THEN READ THE SEARCH WARRANT IN ITS ENTIRETY AND EXPLAINED THEIR MIRANDA RIGHTS. ALL SUBJECTS WERE AGAIN ASKED IF THEY UNDERSTOOD THEIR RIGHTS AND THE DEFENDANT AND HIS GIRLFRIEND ADVISED THEY DID AND THAT THEY WANTED TO CONTINUE SPEAKING WITH US. THIS DEPUTY THEN CONDUCTED A RECORDED INTERVIEW WITH THE DEFENDANT IN THE LIVING ROOM AREA WHILE HIS GIRLFRIEND SAT IN THE FLORIDA ROOM. IN THE INTERVIEW I ASKED THE DEFENDANT IF WE WERE GOING TO FIND ANYTHING IN HIS HOME WHILE CONDUCTING OUR SEARCH AND HE STATED "OF COURSE, I USE DRUGS!". WHEN ASKED WHAT TYPE OF DRUGS HE USES, THE DEFENDANT STATED HE USES COCAINE AND MARIJUANA. THE DEFENDANT FURTHER STATED HE LACES COCAINE ON HIS MARIJUANA JOINTS BEFORE HE SMOKES IT. THE DEFENDANT ADDITIONALLY STATED HE HAS TAKEN XANAX PILLS FOR ANXIETY THAT HE PREVIOUSLY BOUGHT OFF THE STREET. THE DEFENDANT WENT ON TO SAY HE KNOWS VERY WELL WHAT HE GOT HIMSELF INTO. HE STATED HE DID WHAT HE DID TO SURVIVE SINCE BOTH OF THEM LOST THEIR JOBS. THE DEFENDANT CONTINUED COOPERATING BY HELPING US LOCATE A PLASTIC BAGGIE OF MARIJUANA IN HIS BEDROOM, AND PLASTIC BAGGIES CONTAINING COCAINE IN THE KITCHEN. THE PLASTIC BAGGIE OF MARIJUANA WAS LOCATED BY DETECTIVE NOVY ON TOP OF THE DRESSER BY THE BED. TWO PLASTIC BAGGIES OF COCAINE WERE LOCATED INSIDE A CERAMIC CANISTER BY SERGEANT FERRARA ON TOP OF THE KITCHEN COUNTER. THROUGH FURTHER QUESTIONING, THE DEFENDANT STATED THAT THERE ARE SEVERAL TYPES OF PILLS PRESCRIBED TO HIS GIRLFRIEND THAT WILL BE LOCATED IN THE KITCHEN; HOWEVER, DUE TO HIS GIRLFRIEND'S DEPENDENCY ON PILLS, HE CONTROLS THE AMOUNT OF PILLS SHE TAKES BY KEEPING THE PILLS AWAY FROM HER. THE DEFENDANT STATED HE ONLY ALLOWS HIS GIRLFRIEND TO TAKE THREE PILLS A DAY WHEN NEEDED. WHEN ASKED IF THE PILLS WERE PART OF HIS STRUGGLES TO SURVIVE, THE DEFENDANT JUST STATED HE HAS BEEN "FUCKING UP.” HE STATED HE HAS BEEN "WHEELING AND DEALING DOING WHAT EVER HE HAS TO DO TO SURVIVE.” THE DEFENDANT ADDITIONALLY STATED HE HAS DUG UP AND SOLD PALM TREES TO HELP HIS CAUSE AS WELL. HE STATED IT'S NOT ALL ABOUT DRUGS IT'S ABOUT DOING WHAT HE NEEDS TO DO TO SURVIVE. WHEN ASKED IF THERE WILL BE ANY SCALES FOUND IN THE HOME, THE DEFENDANT STATED YES. HE STATED YOU "CAN'T BUY COKE WITHOUT WEIGHING IT UP.” CONTACT WAS THEN MADE WITH THE DEFENDANT'S GIRLFRIEND, MS AMBER RUSSELL, IN THE FLORIDA ROOM. MS RUSSELL STATED SHE HAS SMOKED MARIJUANA WITH THE DEFENDANT ON SEVERAL PRIOR OCCASIONS BUT WAS NOT AWARE OF ANY COCAINE. SHE FURTHER STATED THAT THE DEFENDANT MONITORS HER PRESCRIPTION PILLS AND KEEPS IT FROM HER TO PREVENT HER FROM ABUSING THE PILLS. AS A RESULT OF THE DEFENDANT KEEPING THE PILLS FROM MS RUSSELL, SHE STATED THAT ALL PILLS SHOULD BE ACCOUNTED FOR. SHE ALSO STATED SEVERAL TIMES THAT SHE HAD NO CONTROL OF ANY OF THE PILLS INSIDE HER HOME, INCLUDING ONES THAT ARE PRESCRIBED TO HER. AT THIS TIME MEMBERS OF THE TACTICAL IMPACT UNIT CONDUCTED A SEARCH OF THE RESIDENCE AND LOCATED SEVERAL ITEMS OF CONTRABAND THAT INCLUDED DIGITAL SCALES, PLASTIC BAGGIES, AND EMPTY VIALS CONTAINING COCAINE RESIDUE. DETECTIVE NOVY LOCATED A PRESCRIPTION BOTTLE WITH 149 CLONAZAPAM PILLS ON TOP OF THE MASTER BEDROOM CLOSET SHELF. THIS BOTTLE WAS PRESCRIBED TO A SUBJECT NAMED TIM BROWN. AN ADDITIONAL CLONAZAPAM PILL WAS LOCATED ON THE DRESSER NEXT TO THE BED IN THE MASTER BEDROOM. DETECTIVE NOVY FURTHER LOCATED THREE SMALL ZIP-LOC BAGGIES CONTAINING COCAINE RESIDUE ON THE SAME DRESSER. SERGEANT FERRARA LOCATED ONE PILL BOTTLE OF OXYCODONE HYDROCHLORIDE PRESCRIBED TO MS RUSSELL INSIDE THE KITCHEN CABINET. THIS BOTTLE WAS FILLED ON 122810, FOR A 180 PILLS. ONLY 16 PILLS WERE FOUND INSIDE THE PILL BOTTLE. THROUGH A FURTHER SEARCH OF THE KITCHEN AREA, DEPUTY BERGEN LOCATED A CAMPBELL'S SOUP CAN WITH A HIDDEN COMPARTMENT ON TOP OF THE KITCHEN COUNTER. INSIDE THIS CAN, A PLASTIC BAGGIE CONTAINING 78 LORAZEPAM PILLS WAS LOCATED. A TOTAL PACKAGE WEIGHT OF 4 GRAMS OF COCAINE, AND 4.5 GRAMS OF MARIJUANA WAS COLLECTED. THESE ITEMS WERE FIELD TESTED AND BOTH YIELDED POSITIVE RESULTS FOR COCAINE AND MARIJUANA. THE DEFENDANT WAS THEN ADVISED HE WAS BEING PLACED UNDER ARREST FOR POSSESSION WITH INTENT TO SELL A CONTROLLED SUBSTANCE, POSSESSION OF A CONTROLLED SUBSTANCE, AND POSSESSION OF DRUG PARAPHERNALIA. THE DEFENDANT WAS RE-CUFFED BEHIND HIS BACK, DOUBLE LOCKED, AND PLACED IN THE REAR SEAT OF DEPUTY LAUGHLIN'S PATROL VEHICLE. DEPUTY LAUGHLIN THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS $31,000.000 PER THE BOND SCHEDULE. "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* |
