IN THE JUSTICE COURT IN AND FOR THE COUNTY OF GALLATIN, STATE OF MONTANA. THE STATE OF MONTANA Plaintiff, Cause No. ZK = /O- 507 v. AFFIDAVIT OF PROBABLE CAUSE ZACHARY WILLIAM JOHNSON Defendant. STATE OF MONTANA ) ss County of Gallatin ) COMES NOW Jim Veltkamp and being first duly sworn upon oath, deposes and says: 1. Your affiant is a Detective with the Bozeman Police Department, currently assigned to the Missouri River Drug Task Force, in the City of Bozeman, Gallatin County, Montana, 2. On January 31, 2010, your affiant arrested the above-named defendant and charged the defendant with the crime(s) of: CRIMINAL POSSESSION OF DANGEROUS DRUGS WITH INTENT TO DISTRIBUTE- FELONY- MARIJUANA (MCA 45-9-103) CRIMINAL POSSESSION OF DANGEROUS DRUGS -FELONY- HASHISH (MCA 45-9-102) POSSESSION OF PROPERTY SUBJECT TO CRIMINAL FORFEITURE, — CURRENCY (MCA 45-9-206) 3. The erime(s) occurred on January 31, 2010, at approximately 1021 hours. 4. The place of the crime(s) was I-90 Eastbound, Mile Marker 282, Gallatin County. 5. The facts relied upon to make the arrest and charge(s) are as follows: On January 31, 2010, Montana Highway Patrol Trooper Dan Amundson conducted a traffic stop for speeding and failing to have a visible registration on a vehicle rented and driven by the defendant, Zachary William Johnson, who was identified via his North Dakota driver’s license. SCAN-EC FER toyBased on various indicators, along with what Trooper Amundson referred to as the “overwhelming ‘odor” of marijuana from the vehicle, a K-9 unit was used to conduct a “sniff” of the rear of the vehicle. The “sniff” resulted in an indication that dangerous drugs were present within the vehicle. Affiant was then contacted to conduct an investigation. ‘After being read his rights per Miranda, the defendant agreed to answer questions. The defendant almost immediately advised affiant, “I’m guilty.” The defendant admitted that any marijuana found within the vehicle belonged to him, further admitting he had placed it there. The defendant further ‘estimated affiant would locate between seven and nine pound of marijuana within the vehicle, along with a quantity of hashish. Affiant subsequently applied for and received a search warrant to search the vehicle. This warrant was signed by District Court Judge John Brown, In the rear seat of the vehicle, a paper bag was located which contained three smaller plastic bags. Based on affiant’s training and experience, each appeared to contain approximately one pound of ‘marijuana. In another paper bag, another plastic bag was located with approximately a pound of marijuana. In a third paper bag, another plastic bag containing about a pound of marijuana and two baggies containing what appeared to be about a quarter pound of marijuana was discovered. In a fourth brown paper bag, three more plastic bags containing about a pound of marijuana was discovered, along with a glass jar which appeared to contain a quantity of hashish. Affiant also located ($790) in US currency within the vehicle. ‘These items were seized and transported to the Law & Justice Center, along with several other items. The clear, plastic “pound” bags were weighed, resulting in weights of approximately (460.8) grams, (459.6) grams, (459.3) grams, (413.5) grams, (463.8) grams, (444) grams, and (460.9) grams with packaging. Affiant is aware that weights similar to this are common, as marijuana is frequently sold in (1) pound quantities, a weight equivalent to (453) grams. One bag weighed (184.3) grams, while the remaining two weighed (93.4) grams and (111) grams with packaging. Affiant is aware that weights similar to this are also common, as marijuana is frequently sold in “QP (quarter pound)” quantities. ‘The substance believed to be hashish in the jar was also weighed, resulting ina weight of (49.7) grams, apart from the glass jar. A Narcotics Identification Test was subsequently utilized to test a portion of the substance within one of the plastic baggies, resulting in the positive presumption that the substance was marijuana, A second Narcotics Identification Test was utilized to test a portion of the substance within the jar which appeared to be hashish. The result was a positive presumption that marijuana or hashish was present Your affiant is aware that, under MCA 45-9-103, itis a felony to possess dangerous drugs with the intent to distribute, as the defendant did by possessing approximately (8) pounds of marijuana. Your affiant is aware that, under MCA 45- hashish. 102, it is a felony to possess more than (1) gram of‘Your affiant is aware that, under MCA 45-9-206, it is a felony to possess money which is used or intended to be used to facilitate the offense of possession of dangerous drugs with intent to distribute. ‘The defendant was issued citations for the above offenses and held on no bond at the Gallatin County Detention Center. ‘The seized items were logged into the Gallatin County Evidence Locker, with a request that the marijuana be sent to the Montana State Crime Lab for forensic examination. This statement is true and correct to the best of my knowledge. ETECTIVE JIM VEL MRDTF/BPD STATE OF MONTANA) ) ss. County of Gallatin ) Jim Veltkamp, being first duly sworn upon oath, deposes and says as follows: That he is the person named in the above return on search warrant, that all ofthe statements therein are true and that the list of property is full and complete and the property has been delivered to the proper judge. Ss i La Missouri River Drug Task Force SUBSCRIBED and SWORN to before me this 8th day of September, 2009, | pe. Signature of Notary Beng Printed Name of Notary Fel — BEw & Notary Babe Notary Public for the State of Montana \ she State of Mentanal 2 o_fieeldng a Residing at: Bozeman, MT Seman Moria My commission expires: 3 VE-/( Maren 36,2011 ORDER Upon reading the foregoing Affidavit, the Court finds that there is probable cause to believe that the above-named defendant committed the crime(s) charged.sh - DATED this_/“day of _ eb , 2010, at_ 9°00 /a.n)ip.m. Miccgele JUSTICE COURT JUDGE GALLATIN COUNTY