arrested in key largo fl.

On the morning of December 17, 2009 around 0715, I was in my living room with my front door open. I came to the door and I saw the officers coming up the steps. I went to step outside (the screen door opens outward) our dogs starting barking at Officer that was at the door, one officer stayed downstairs and the other came upstairs. I went to step outside because of the dogs aggressive barking. The officer grabbed the door holding it open and gestured for me to go back inside so we could contain the dogs.

Meanwhile he came in to the house as we were getting the dogs under control. After we had the dogs under control the officer was about 6ft in to the living room. The officer stated he was answering a complaint of this house being a major (big) grow house operation. I was under the impression that he was looking a major grow operation and was not interested in somebody who might be growing for their personal use.

The officer stated he wanted to do a quick walk thru. Our home is a small 2 bdrm one floor home; from the middle of the living room you see the entire house except the bathrooms. He did not go in to the second bedroom where my daughter was a sleep. My wife had stated earlier that our daughter was in there. I did crack the door open to show that someone was in there but didn’t want him to enter her room because she might not have been clothed.

I briefly let him walk through the house; it took less than a min. After he looked around he wanted to look in our down stairs. My wife spoke with the officer and had stated she wanted a search warrant. She stated twice that she wanted a search warrant. The officer asked us directly “do you want us to get a warrant” and my wife stated yes. The officer left the house and upon leaving told the other officers that we had asked for a warrant. The officer that was already down stairs continued under the house.

Within a few minutes the officer returned to the door and asked my wife her name. At that point I told my wife they have already been downstairs and I decided to let the officer look around the downstairs. We have a screen in room and locked 12X12storage shed under the house. The officer upstairs shouted out to the other officer that was already under the house that I was going to come down stairs. I went downstairs and opened the shed stepped in turned on the light. The officer who came into the shed and opened a small cabinet approximately 4ft by 4ft and found 7 immature plants.

I never stated that the plants were mine or that I was a user of marijuana. The officer said to me “your wife stated that this was for medical use” and I said yes. The other officer read me my rights. The officers removed the plants and some of the equipment. The officer told me that they would tell the judge I was cooperative and that I would be release by noon that day. I wasn’t released until 5pm the next day. At that time I was not told what I was being charged with. I didn’t find out what my charges were until first appearance. At no time did I state the plants were mine or that I was a user of marijuana.