| Probable cause affidavit: |
SUBMITTED BY: REID, JUSTIN 0706 (AR16-20241) 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). ON 071316 AT APPROXIMATELY 1349 HOURS, I RESPONDED TO 4333 EAST WITHLACOOCHEE TRAIL IN DUNNELLON, AT THE REQUEST OF THE DEPARTMENT OF CHILDREN AND FAMILIES (DCF). UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT, MS SHANA CHESSER, WHO IS A CHILD PROTECTIVE INVESTIGATOR FOR DCF. INVESTIGATOR CHESSER INFORMED ME THAT SHE WAS AT THE RESIDENCE CONDUCTING AN INVESTIGATION IN REFERENCE TO THE POSSIBLE USE OF NARCOTICS. SHE STATED THAT PRIOR TO MY ARRIVAL, SHE FOUND APPROXIMATELY FOUR (4) SILVER IN COLOR METAL SPOONS WHICH HAD A WHITE RESIDUE ON THEM. SHE STATED THAT SHE ALSO FOUND ONE HYPODERMIC NEEDLE; ONE GLASS WATER SMOKING PIPE AND ONE PLASTIC WATER SMOKING PIPE. INVESTIGATOR CHESSER FURTHER STATED THAT A WHITE MALE, MR MICHAEL DUELL III, WHO WAS LATER IDENTIFIED AS THE DEFENDANT, AGREED TO URINATE IN A DRUG TEST KIT SHE PROVIDED. HOWEVER, THE TEMPERATURE DID NOT MATCH UP AND IT WAS BELIEVED THAT THE DEFENDANT DID NOT URINATE INSIDE THE CUP AND POSSIBLY USED SYNTHETIC URINE. I THEN MADE CONTACT WITH THE WITNESS, MS KARA KLATT, WHO ADVISED THAT SHE AND THE DEFENDANT SMOKE METHAMPHETAMINE AND CANNABIS. I ASKED WITNESS KLATT IF SHE AND THE DEFENDANT COOK THE METHAMPHETAMINE AT THE RESIDENCE OR PURCHASE IT AT OTHER LOCATIONS, TO WHICH SHE STATED THEY PURCHASE IT AT OTHER LOCATIONS AND DO NOT COOK IT AT THE RESIDENCE. I THEN ASKED WITNESS KLATT IF THEY HAVE A BURN PIT ON THEIR PROPERTY, DESCRIBED AS A FENDED IN ENCLOSED PROPERTY WITH A GATE IN FRONT THAT WAS OPEN. WITNESS KLATT STATED THAT THEY DO HAVE A BURN PIT IN THE BACKYARD AND ASKED IF I WOULD LIKE TO SEE IT. I THEN FOLLOWED WITNESS KLATT TO THE LEFT SIDE OF THE RESIDENCE LEADING TO THE BACKYARD WHERE I OBSERVED THE BURN PIT. WITNESS KLATT STATED THERE WAS NOTHING INSIDE THE BURN PIT, BUT THEN STATED IF I WANTED TO SEE SOMETHING TO FOLLOW HER. WITNESS KLATT THEN GUIDED ME TO A LOCATION APPROXIMATELY TWENTY FIVE FEET EAST OF THE BURN PIT WHERE SHE SHOWED ME TWO, FIVE GALLON PLASTIC BUCKETS WHICH WERE FULL OF BRAND NEW TOP SOIL AND WELL MANICURED PLANTS, WHICH I KNEW TO BE CANNABIS PLANTS THROUGH MY TRAINING AND EXPERIENCE. ONE BUCKET CONTAINED FOUR CANNABIS PLANTS, AND THE SECOND BUCKET CONTAINED ONE SINGLE CANNABIS PLANTS. THE CANNABIS PLANTS WERE WEIGHTED AT APPROXIMATELY 18.3 GRAMS. I THEN MADE CONTACT WITH THE DEFENDANT, MR MICHAEL DUELL. HE STATED THAT HE KNEW THE CANNABIS PLANTS WERE BACK THERE, BUT THEY WERE NOT HIS AND HE DOES NOT MANICURE OR TAKE CARE OF THEM. PRIOR TO ME ASKING THE DEFENDANT THIS QUESTION, WITNESS KLATT STATED THAT THE DEFENDANT TENDS TO THE CANNABIS PLANTS EVERY NIGHT TO ENSURE THEY ARE GROWING HEALTHY. THE DEFENDANT CONTINUED TO DENY THE ALLEGATION. WITH THE INFORMATION PROVIDED TO ME, AND DUE TO THE FACT THE PLANTS WERE ON THE DEFENDANT'S PROPERTY, HE WAS PLACED UNDER ARREST FOR ONE COUNT OF POSSESSION OF CANNABIS UNDER 20 GRAMS. THE DEFENDANT WAS THEN HANDCUFFED BEHIND HIS BACK (DOUBLE LOCKED) FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS TURNED OVER TO DETENTION STAFF WHERE HIS BOND WAS SET AT $1,000.00 PER THE ABOVE LISTED CHARGE. THE METAL SPOONS, SYRINGES AND TWO SMOKING BONGS AND CANNABIS PLANTS WERE COLLECTED AND LATER SUBMITTED TO EVIDENCE. THE COMPLAINANT WAS PROVIDED WITH THIS CASE NUMBER. |
