| Probable cause affidavit: |
SUBMITTED BY: PATTERSON, DEREK 0560 (08104978) did unlawfully and knowingly obtain, use or endeavor to obtain or use the property of THE VICTIM, to-wit: 2006 FORD PICKUP TRUCK, by exercising control over said property with the intent to either temporarily or permanently deprive THE VICTIM of a right to the property or a benefit thereof, or did appropriate the property to HER own use or the use of any person not entitled thereto, and knew or should have known that said property was stolen, in violation of Florida Statutes 812.014(1) and 812.014(2)(c); ON 083008 I WAS DISPATCHED TO 12380 OLD OAKS DRIVE IN REFERENCE TO A STOLEN VEHICLE. UPON ARRIVAL I MADE CONTACT WITH THE COMPLAINANT WHO STATED THAT AT APPROXIMATELY 010 HOURS ON THIS DATE HE FELL ASLEEP, AND WHEN HE AWOKE AT APPROXIMATELY 1000 HOURS, HE DISCOVERED HIS GIRLFRIEND, ALONG WITH HIS WORK TRUCK, TO BE MISSING. THE COMPLAINANT ATTEMPTED TO LOCATE BOTH; HOWEVER HE WAS UNSUCCESSFUL. HE THEN CONTACTED THE COMPANY SUPERINTENDENT WHO INSTRUCTED HIM TO REPORT THE VEHICLE AS HAVING BEING STOLEN. THE COMPLAINANT ADDED THAT HIS GIRLFRIEND HAS NEVER BEEN PERMITTED TO OPERATE THE VEHICLE IN THE PAST, AND THAT HE DID NOT GIVE HER PERMISSION TO USE IT. HE SIGNED AN AUTO THEFT AFFIDAVIT AND INDICATED THAT HE DESIRED TO PROSECUTE IN THIS CASE. SINCE THE INFORMATION REGARDING THE VEHICLE, SUCH AS THE TAG AND VEHICLE IDENTIFICATION NUMBER WERE NOT AVAILABLE AT THE TIME, THE VEHICLE WAS NOT ENTERED INTO NCIC/FCIC AS STOLEN. THE COMPLAINANT ADVISED THAT HE WOULD CONTACT THE SHERIFF'S OFFICE AS SOON AS HE OBTAINED THAT INFORMATION; HOWEVER HE WAS ABLE TO DESCRIBE THE VEHICLE AS BEING A WHITE FORD PICKUP TRUCK WITH THE WORDS "POSPIECH CONTRACTING" WRITTEN ON THE SIDE IN RED LETTERING. AT 1215, AS I WAS DRIVING NORTH ON 41 SOUTH, APPROACHING ROOKS ROAD, I OBSERVED A WHITE PICKUP TRUCK WITH "POSPIECH CONTRACTING" WRITTEN ON THE SIDE PARKED ON THE SIDE OF THE ROADWAY. I HAD DRIVEN PAST THIS LOCATION APPROXIMATELY THIRTY TO FORTY-FIVE MINUTES EARLIER AND THE VEHICLE WAS NOT PRESENT. I THEN CONTACTED THE COMPANY SUPERINTENDENT AND ADVISED HIM THAT I HAD RECOVERED HIS VEHICLE. AS I WAS ON THE TELEPHONE WITH THE SUPERINTENDENT, A VEHICLE PULLED UP AND DROPPED OFF A WHITE FEMALE, WHO I RECOGNIZED AS THE COMPLAINANT'S GIRLFRIEND/DEFENDANT. THE DEFENDANT STATED THAT SHE HAD BEEN DRIVING THE VEHICLE WHEN IT HAD RUN OUT OF GAS, FORCING HER TO PARK THE VEHICLE ON THE SIDE OF THE ROAD. SHE CONTINUED THAT THE VEHICLE WAS HER BOYFRIEND'S. WHEN ASKED WHO HER BOYFRIEND WAS, SHE GAVE ME THE COMPLAINANT'S NAME. I THEN INFORMED HER THAT THE VEHICLE HAD BEEN REPORTED STOLEN, TO WHICH SHE REPLIED THAT SHE HAD NOT STOLEN THE VEHICLE BECAUSE THE VEHICLE WAS HER BOYFRIEND'S. I THEN TOLD HER THAT THE COMPANY SUPERINTENDENT, AS WELL AS HER BOYFRIEND, THE COMPLAINANT, HAD REPORTED THE VEHICLE AS STOLEN, TO WHICH SHE REPLIED, "YEAH I USED IT, BUT IT'S NOT STOLEN." THE DEFENDANT WAS THEN DETAINED, PLACED INTO HANDCUFFS, DOUBLE LOCKED, AND WAS PLACED INTO THE REAR OF MY PATROL CAR. I THEN MADE CONTACT WITH THE OCCUPANTS OF THE VEHICLE THAT THE DEFENDANT HAD BEEN RIDING. BOTH STATED THAT THEY HAD PICKED THE DEFENDANT UP ON THE SIDE OF THE ROADWAY AND HAD DRIVEN HER TO GET GAS. THEY ADDED THAT THEY WERE NOT AWARE THAT THE VEHICLE WAS STOLEN, THAT THEY DID NOT KNOW THE DEFENDANT AND THAT THEY HAD ONLY STOPPED TO ASSIST HER. I THEN ASKED THE MALE IF HE KNEW WHERE THE KEY TO THE VEHICLE WAS AT, TO WHICH HE REPLIED THAT THE DEFENDANT HAD LEFT THE KEY IN THE BACKSEAT OF HIS VEHICLE. HE THEN RETURNED TO HIS VEHICLE, RETRIEVED THE KEY AND TURNED IT OVER TO ME. I THEN CONFIRMED THAT THE KEY DID IN FACT GO TO THE VEHICLE. A SHORT TIME LATER THE COMPANY SUPERINTENDENT ARRIVED ON SCENE AND STATED THAT HE HAD NEVER AUTHORIZED THE DEFENDANT TO USE THE VEHICLE. HE ADDITIONALLY STATED THAT HE DESIRED TO PROSECUTE THE DEFENDANT ON BEHALF OF THE COMPANY. HE SIGNED THE AUTO THEFT AFFIDAVIT INDICATING THIS DESIRE. AT THAT TIME THE DEFENDANT WAS PLACED UNDER ARREST AND WAS TRANSPORTED TO THE CITRUS COUNTY JAIL WHERE HER BOND WAS SET AT $5,000.00 PER THE BOND SCHEDULE. IT SHOULD ALSO BE NOTED THAT THE DEFENDANT'S DRIVER LICENSE IS CURRENTLY SUSPENDED NUMEROUS TIMES, THEREFORE IT WOULD BE UNLAWFUL FOR HER TO OPERATE ANY MOTOR VEHICLE. *NOT-EXEMPT* |
