| Probable cause affidavit: |
SUBMITTED BY: EMRICK, AL 0104 (AR12124706) THE DEFENDANT DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, CUMBERLAND FARMS CONVENIENCE STORE, TO WIT: A CAN OF FOUR-LOKO ALCOHOLIC BEVERAGE, SAID PROPERTY BEING OF A VALUE OF $2.99, WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM, A MERCHANT, OF A RIGHT TO THE PROPERTY OR A BENEFIT THEREOF, OR DID APPROPRIATE THE SAID PROPERTY TO HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATE STATUTE 812.014(3)(A) AND THE DEFENDANT DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN IN A STRUCTURE, TO WIT: THE CUMBERLAND FARMS CONVENIENCE STORE, THE PROPERTY OF THE VICTIM, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT AND HAVING BEEN PREVIOUSLY TRESPASSED FROM THE PROPERTY, IN VIOLATION OF FLORIDA STATE STATUTE 810.08(1) ON 020612, I WAS DISPATCHED TO THE CUMBERLAND FARMS CONVENIENCE STORE IN HERNANDO IN REFERENCE TO A DISTURBANCE REGARDING A WHITE MALE IN A BLACK HOODIE INTOXICATED AND BOTHERING THE CUSTOMERS. WHILE EN ROUTE, DISPATCH ADVISED THAT THE SUBJECT HAD ENTERED THE STORE AND MADE STATEMENTS THAT HE WAS GOING TO ROB IT. UPON ARRIVAL, THE COMPLAINANT INFORMED ME THAT THE DEFENDANT HAD GONE INTO THE BATHROOM. I WENT TO THE BATHROOM AND WHEN I OPENED THE DOOR, I OBSERVED THE DEFENDANT SITTING ON THE COMMODE, DRINKING A CAN OF FOUR-LOKO (AN ALCOHOLIC BEVERAGE.) WHEN THE DEFENDANT EXITED THE BATHROOM, I ASKED HIM WHAT WAS GOING ON AND AS HE REPLIED "NOTHING" I WAS ABLE TO OBSERVE A LIGHT PINK LIQUID DRIPPING FROM HIS BEARD ON TO HIS BLACK HOODIE. I ADVISED HIM THAT THE STORE NO LONGER WISHED TO HAVE HIM ON THEIR PREMISES AND THAT HE NEEDED TO IMMEDIATELY LEAVE. HE WAS ESCORTED OUTSIDE AND I BEGAN TO ASK HIM FOR BIOGRAPHICAL INFORMATION IN ORDER TO COMPLETE A TRESPASS WARNING. THE DEFENDANT THEN DECIDED TO RE-ENTER THE STORE, AT WHICH TIME I GRABBED HIM BY THE ARM, ADVISED HIM HE WAS UNDER ARREST AND SECURED HIM IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK. WHILE PATTING HIM DOWN, I WAS ADVISED BY CANINE DEPUTY BEHNEN THAT THE DEFENDANT MAY HAVE COMMITTED A RETAIL THEFT PRIOR TO MY ARRIVAL. THE COMPLAINANT STATED THE DEFENDANT HAD TAKEN SOMETHING FROM THE COOLER AND TOOK IT INTO THE BATHROOM WITH HIM. I WENT INTO THE BATHROOM WHERE THE CAN OF FOUR-LOKO WAS LOCATED. IT WAS STILL COOL TO THE TOUCH AND HAD CONDENSATION FORMING ON THE EXTERIOR OF THE CAN. THE CONTENTS OF THE CAN WERE EMPTIED AND THE CAN WAS TAKEN INTO CUSTODY. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND HELD IN LIEU OF $1,000.00 TOTAL BOND. "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* |
