COMPUTER AND LEARNED THAT 146 NEIL ST. IS UNDER THE NAME OF RICAS PROPERTIES WHICH IS THE SAME NAME ON THE ACCOUNT OF 139 AND 155 SCOTT ST. ON 8/21/96 ELKINS WAS ASKED FOR CONSENT TO SEARCH 146 NEIL AND HAD AGREED BUT THEN DECIDED NOT TO GIVE CONSENT ADVISING THAT WOULD ONLY MAKE THINGS HARDER FOR HIMSELF. ELKINS DID GIVE HOING THE KEY TO 146 NEIL ST. AND ADVISED FOR HIM TO DO WHAT HE HAD TO DO. DET. CICINELLI RECEIVED INFORMATION FROM A C/I THAT ELKINS IS GROWING MARIJUANA IN THE ADJACENT BUILDING IN THE REAR OF 139 SCOTT WHICH IS 146 NEIL. ON 8/20/96 OFFICERS OBSERVED A PALLET OF BAGS OF SHEEP MANURE STACKED BEHIND 146 NEIL AND NEXT TO 139 SCOTT ST. WHICH IS USED IN THE GROWING OF MARIJUANA. ALL THE ABOVE OCCURRED IN MEMPHIS, SHELBY COUNTY, TN.
He/She therefore asks that a warrant issue to search the person and premises of the said JAMES ELKINS as above described in said County, where he/she believes said MARIJUANA PLANTS/GROW EQUIPMENT/DRUG RECORDS is/are now possessed, contrary to the Laws of Tennessee.
R.D. GARY J.R.HOING D.CICINELLI
(signatures)
Sworn to and subscribed before me, this 21ST day of AUGUST 1996
[47] The verbatim text of the affidavit, in pertinent part, is presented as follows:
Personally appeared before me D. TATE & R. OLIVER and made oath that he/she has good ground and belief, and does believe that A MALE WHITE MALE, JAMES ELKINS AND A FEMALE WHITE, CAROL ELKINS is/are in possession of the following described property, to wit: MARIJUANA AND RECORDS PERTAINING TO MARIJUANA contrary to the laws of the State of Tennessee, upon the following described premises, to wit: A SINGLE FAMILY DWELLING MORE COMMONLY KNOWN AS 1270 TUTWILER WHICH IS LOCATED IN MEMPHIS, SHELBY COUNTY, TENNESSEE. THIS SEARCH TO INCLUDE ALL OUTBUILDINGS AND VEHICLES ON THE PREMISES. and his/her reasons for such belief are that affiant has ON WEDNESDAY, AUGUST 21, 1996, MEMPHIS POLICE OFFICERS RECEIVED A CONSENT TO SEARCH FOR A BUSINESS OWNED AND OPERATED BY JAMES AND CAROL ELKINS AT 155 AND 139 SCOTT WHICH ARE UNDER THE SAME ROOF. A SIGN IN FRONT OF 155 AND 139 SCOTT BEARS ONE BUSINESS NAME OF RENAISSANCE INVESTMENTS. DURING THE SEARCH OF 139 SCOTT, OFFICERS FOUND 1.53 POUNDS OF MARIJUANA. JAMES AND CAROL ELKINS WERE ARRESTED FOR POSSESSION OF A CONTROLLED SUBSTANCE WITH INTENT TO MAN/ DEL/SELL TO WIT MARIJUANA. OFFICERS ALSO DISCOVERED A COMPLETELY EQUIPPED, INDOOR MARIJUANA GROW ROOM AT 139 SCOTT. FURTHERMORE, ON AUGUST 21, 1996, JAMES ELKINS POSSESSED THE KEYS TO BUILDINGS AT 146 NEIL AND 2896 WALNUT GROVE WHICH HE VOLUNTARILY GAVE POLICE. JAMES ELKINS STATED THE BUILDING AT 146 NEIL WAS HIS, BUT REFUSED A CONSENT TO SEARCH AT 146 NEIL BECAUSE, HE SAID, "IT WOULD MAKE IT WORSE ON HIM." OFFICERS EXECUTED SEARCH WARRANTS AT 146 NEIL AND 2896 WALNUT GROVE ON 8/21/96. BOTH LOCATIONS POSSESSED VERY SOPHISTICATED INDOOR MARIJUANA GROW EQUIPMENT. IN EXCESS OF 1,300 MARIJUANA PLANTS WERE FOUND