| Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0652 (AR14-11935) DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). DID FAIL TO REGISTER AS A CONVICTED FELON WITHIN 48 HOURS AFTER ENTERING ANY COUNTY IN THE STATE OF FLORIDA, REGISTER WITH THE SHERIFF OF SAID COUNTY, BE FINGERPRINTED AND PHOTOGRAPHED AND LIST THE CRIME FOR WHICH CONVICTED, PLACE OF CONVICTION, SENTENCE IMPOSED, IF ANY, NAME, ALIASES, IF ANY, ADDRESS AND OCCUPATION IN VIOLATION OF FLORIDA STATE STATUE 775.13(2). DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WALMART , TO WIT: WORE BASEBALL CAP OUT OF STORE CARRYING AWAY THE SAID MERCHANDISE, WITH INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE, A MERCHANT, OF THE POSSESSION, USE, BENEFIT, OR FULL RETAIL VALUE OF SAID PROPERTY, SAID PROPERTY BEING OF A VALUE LESS THAN $100.00, IN VIOLATION OF FLORIDA STATE STATUTE 812.014(3)(A). ON 090914, AT APPROXIMATELY 1400 HOURS, I RECEIVED A PHONE CALL FROM THE ASSET PROTECTION ASSOCIATE AT THE INVERNESS WAL-MART, IN REFERENCE TO A RETAIL THEFT THAT HAD JUST OCCURRED. I WAS ADVISED THAT AN OLDER WHITE MALE LATER IDENTIFIED AS THE DEFENDANT, MR ARLING MULLEN, HAD SELECTED A FLAT SCREEN TELEVISION FROM INSIDE THE STORE AND LOADED IT INTO A SHOPPING CART. THE DEFENDANT WAS WEARING A DARK COLORED SHIRT AND A TAN BASEBALL STYLE CAP AT THE TIME OF THE THEFT. THE ASSET PROTECTION ASSOCIATE WAS ABLE TO FOLLOW THE DEFENDANT PASSING ALL POINTS OF SALE WHERE HE MADE NO ATTEMPTS TO PAY FOR THE MERCHANDISE. HE CONTINUED FOLLOWING THE DEFENDANT INTO THE PARKING LOT, WHERE HE OBSERVED THE DEFENDANT LOADING THE TELEVISION INTO A TAN GMC SUV. THE ASSOCIATE WAS ALSO ABLE TO PROVIDE ME WITH THE VEHICLEâS MISSISSIPPI LICENSE PLATE NUMBER NEB196. I RESPONDED TO THE STORE AND BOLO'D FOR THAT VEHICLE ALONG THE WAY. UPON ARRIVAL AT THE STORE, I MADE CONTACT WITH THE APA (ASSET PROTECTION ASSOCIATE), WHO WAS COMPLETING A SWORN WRITTEN STATEMENT ABOUT THE INCIDENT, WHICH WAS LATER TURNED IN TO RECORDS. THE APA ALSO PROVIDED ME WITH A COMPACT DISC CONTAINING SURVEILLANCE FOOTAGE OF THE THEFT. WHILE IN THE OFFICE, I WAS ABLE TO WATCH THE FOOTAGE AND SEE WHAT THE SUSPECT LOOKED LIKE. I CLEARED THE SCENE AND BEGAN TO RUN THE VEHICLE INFORMATION THROUGH OUR AEGIS SYSTEM AND ON TELETYPE. I WAS GIVEN A RESPONSE OF THE DEFENDANTâS NAME, WHICH WAS THEN RAN THROUGH D.A.V.I.D AND FOUND THAT THE DEFENDANTâS DRIVERS LICENSE WAS SUSPENDED AS OF 063014,WITH THE NOTICE GIVEN ON 061014. THE SUSPECT IN THE SURVEILLANCE VIDEO MATCHED THE DEFENDANTâS DRIVERS LICENSE PICTURE. I CONTACTED OUR WARRANTS OFFICE TO RUN A CRIMINAL HISTORY OF THE DEFENDANT AND WAS ADVISED THAT THE DEFENDANT HAD SEVERAL CHARGES OF THEFT AND HE WAS A CONVICTED FELON OUT OF PASCO COUNTY. THE DEFENDANT REGISTERED WITH PASCO COUNTY ON 08052008, FOR THE OFFENSE OF ROBBERY BY SUDDEN SNATCHING ON 03142007. I CALLED PASCO COUNTYâS TELETYPE TO INQUIRE ABOUT A RECENT ADDRESS THEY MAY HAVE FOR THE DEFENDANT. THEY ADVISED THAT THE DEFENDANTâS RECORD SHOWED HE HAD AN ADDRESS AT 8077 PEACOCK LANE IN FLORAL CITY. I DROVE BY THAT RESIDENCE AND DID NOT LOCATE THE TAN SUV, SO I BEGAN TO BOLO THE AREA. A SHORT TIME LATER, I LOCATED THE SUSPECT VEHICLE PULLING OUT OF THE CITGO GAS STATION LOCATED AT 7810 SOUTH FLORIDA AVE WITH THE DEFENDANT DRIVING IT. I CONDUCTED A TRAFFIC STOP ON THAT VEHICLE AND REQUESTED THE DRIVER STEP OUT OF THE VEHICLE. I ASKED THE DEFENDANT FOR HIS DRIVERâS LICENSE AND HE ADVISED THAT HE DID NOT HAVE ONE. I ASKED IF THAT WAS BECAUSE IT WAS SUSPENDED AND HE SAID YES. THE DEFENDANT WAS THEN PLACED IN HAND CUFFS (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE. I MADE CONTACT WITH THE PASSENGER IN THE VEHICLE, MR GREGORY JOHNS, AND TOLD HIM WHAT WAS GOING ON. K-9 DEPUTY C PHILLIPS WAS ON SCENE AS MY BACK UP, .AT WHICH TIME I ASKED HIM TO DEPLOY HIS K-9 TO CONDUCT A FREE AIR SNIFF AROUND THE VEHICLE. AFTER HE WAS DEPLOYED, I WAS ADVISED THE K-9 ALERTED. I ASKED MR JOHNS TO STEP OUT OF THE VEHICLE, AT WHICH TIME HE WAS PATTED DOWN FOR WEAPONS. I SEARCHED THE VEHICLE; HOWEVER NO NARCOTICS OR TELEVISIONS WERE FOUND. WHILE SEARCHING THE VEHICLE, I LOCATED A TAN HAT IN THE BACK SEAT WHICH MATCHED THE HAT THAT THE SUSPECT WAS WEARING DURING THE TIME OF THE THEFT. THE HAT WAS COLLECTED AND WILL BE PLACED INTO EVIDENCE. I RETURNED TO MY PATROL CAR AND ASKED THE DEFENDANT IF THE TAN HAT WAS HIS AND HE SAID YES. I ASKED THE DEFENDANT IF HE HAD GONE TO THE WAL-MART IN INVERNESS AND HE SAID YES. I ASKED HIM IF HE BOUGHT ANYTHING AND HE SAID NO. I ADVISED THE DEFENDANT THAT I HAD VIDEO FOOTAGE OF HIM STEALING A TELEVISION, AT WHICH TIME HE ADVISED âI DONâT KNOW WHAT YOU ARE TALKING ABOUTâ. QUESTIONING WAS STOPPED AT THAT TIME. I MADE CONTACT WITH MR JOHNS, WHO WAS ASKED OF HIS EVENTS THIS AFTERNOON. MR JOHNS ADVISED THAT HE WENT WITH THE DEFENDANT TO WAL-MART, BUT STAYED IN THE VEHICLE AND WAS TALKING TO HIS GIRLFRIEND. I ASKED WHAT IT WAS THAT THE DEFENDANT BOUGHT AT WAL-MART AND HE SAID, A FLAT SCREEN TELEVISION. MR JOHNS THEN BEGAN TO RETRACT HIS STATEMENT AND ADVISED THAT HE THINKS IT WAS A TELEVISION BUT WAS NOT SURE. AT THAT TIME, ADVANCED TOWING COMPANY WAS CONTACTED AND WAS EN ROUTE TO TOW THE DEFENDANTS VEHICLE. THE DEFENDANT WAS PLACED UNDER ARREST FOR RETAIL THEFT, DRIVING WHILE LICENSE SUSPENDED , AND FAILING TO REGISTER AS A FELON IN THIS COUNTY. HE WAS TRANSPORTED TO THE COUNTY JAIL FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $500.00 FOR THE RETAIL PETIT THEFT CHARGE, $500.00 FOR THE DRIVING WHILE LICENSE SUSPENDED KNOWINGLY CHARGE AND $500.00 FOR FAILING TO REGISTER AS A FELON CHARGE, FOR A TOTAL BOND AMOUNT OF $1,500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS LATER ISSUED CRIMINAL TRAFFIC CITATION A126YCP, FOR KNOWINGLY DRIVING WHILE LICENSE SUSPENDED, WITH A MANDATORY COURT DATE OF 100214 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. |
