| Probable cause affidavit: |
SUBMITTED By: COX, ANDY 0543 (AR08101238) DID UNLAWFULLY PROCURE OR ATTEMPT TO PROCURE A CERTIFICATE OF TITLE OR DUPLICATE CERTIFICATE OF TITLE TO A VESSEL, OR TO PASS OR ATTEMPT TO PASS A CERTIFICATE OF TITLE OR DUPLICATE CERTIFICATE OF TITLE TO A VESSEL OR ANY ASSIGNMENT THEREOF, IF SUCH PERSON KNOWS OR HAS REASON TO BELIEVE THAT SUCH VESSEL IS STOLEN, IN VIOLATION OF FLORIDA STATE STATUTE 328.05(1); AND DID UNLAWFULLY AND KNOWINGLY AND WITH INTENT TO DEFRAUD, TO HAVE IN HIS OR HER POSSESSION, SELL, OFFER TO SELL, COUNTERFEIT, OR SUPPLY A BANK, FORGED, FICTITIOUS, COUNTERFEIT, STOLEN, OR FRAUDULENTLY OR UNLAWFULLY OBTAINED CERTIFICATE OF TITLE, DUPLICATE OF TITLE, REGISTRATION, BILL OF SALE, OR OTHER INDICIA OF OWNERSHIP OF A VESSEL OR TO CONSPIRE TO DO ANY OF THE FOREGOING, IN VIOLATION OF FLORIDA STATE STATUTE 328.05(2); AND DID UNLAWFULLY USE A FALSE OR FICTITIOUS NAME, GIVE A FALSE OR FICTITIOUS ADDRESS, OR MAKE ANY FALSE STATEMENT IN ANY APPLICATION OR AFFIDAVIT REQUIRED UNDER THE PROVISIONS OF THIS CHAPTER OR IN A BILL OF SALE OR SWORN statement OF OWNERSHIP OR OTHERWISE COMMIT A FRAUD IN ANY APPLICATION, IN VIOLATION OF FLORIDA STATE STATUTE 828.05(3)(C); AND DID UNLAWFULLY AND KNOWINGLY OBTAIN GOODS, SERVICES, CREDIT, OR MONEY BY MEANS OF AN INVALID, DUPLICATE, FICTITIOUS, FORGED, COUNTERFEIT, STOLEN, OR UNLAWFULLY OBTAINED CERTIFICATE OR TITLE, REGISTRATION, BILL OF SALE, OR OTHER INDICIA OF OWNERSHIP OF A VESSEL, IN VIOLATION OF FLORIDA STATE STATUTE 328.05(3)(D); AND DID UNLAWFULLY DESTROY, REMOVE, ALTER, COVER, OR DEFACE THE HULL IDENTIFICATION NUMBER OR HULL SERIAL NUMBER, OR PLATE BEARING SUCH NUMBER, OR ANY VESSEL, EXCEPT TO MAKE NECESSARY REPAIRS WHICH REQUIRE THE REMOVAL OF THE HULL IDENTIFICATION NUMBER AND IMMEDIATELY UPON COMPLETION OF SUCH REPAIRS SHALL REAFFIX THE HULL IDENTIFICATION NUMBER, IN VIOLATION OF FLORIDA STATE STATUTE 328.07(3)(A); AND DID UNLAWFULLY AND KNOWINGLY POSSESS, MANUFACTURE, SELL OR EXCHANGE, OFFER TO SELL OR EXCHANGE, SUPPLY IN BLANK, OR GIVE AWAY ANY COUNTERFEIT MANUFACTURER'S VESSEL HULL IDENTIFICATION NUMBER PLATE OR DECAL OR ANY MANUFACTURER'S VESSEL HULL IDENTIFICATION PLATE OR DECAL WHICH IS ASSIGNED TO ANOTHER VESSEL TO BE USED FOR the PURPOSE OF IDENTIFICATION OF ANY VESSEL, IN VIOLATION OF FLORIDA STATE STATUTE 328.07(4)(A); AND did unlawfully traffic in or endeavor to traffic in property that (A) knew or should have known was stolen, to-wit: (B), the property of (C), in violation of Florida Statute 812.019(1); AND DID UNLAWFULLY SELL, ASSIGN, OR TRANSFER A VESSEL TITLED BY THE STATE WITHOUT DELIVERING TO THE PURCHASER OR TRANSFEREE A VALID CERTIFICATE OF TITLE WITH AN ASSIGNMENT ON IT SHOWING THE TRANSFER OF TITLE TO THE PURCHASER OR TRANSFEREE, AND SHALL NOT PURCHASE OR OTHERWISE ACQUIRE A VESSEL REQUIRED TO BE TITLED BY THE STATE WITHOUT OBTAINING A CERTIFICATE OF TITLE FOR THE VESSEL IN HIS OR HER NAME, IN VIOLATION OF FLORIDA STATE STATUTE 328.03(3); AND ON 010508, DETECTIVE FARKAS ASKED ME IF I WOULD ASSIST WITH A STOLEN VESSEL CASE. I RESEARCHED THE CASE AND DISCOVERED THAT THE DEFENDANT, MR BOE JACQUARD, SOLD A STOLEN VESSEL WITH A REMOVED HULL IDENTIFICATION NUMBER. HE SOLD THE VESSEL AS A 15'11" HOMEMADE, WITH the FLORIDA REGISTRATION NUMBERS AS FL3108NH. THE MALE SUBJECT WHO BOUGHT THE VESSEL FROM HIM REALIZED THERE WAS SOMETHING WRONG WITH THE VESSEL WHEN HE MOVED THE CONSOLE and DISCOVERED A HIDDEN HULL IDENTIFICATION NUMBER OF BWCE611BK304. WHEN THIS SUBJECT SPOKE WITH THE TITUSVILLE POLICE DEPARTMENT, THEY ADVISED THE VESSEL WAS STOLEN FROM CITRUS COUNTY FLORIDA. WHEN THE MALE SUBJECT BOUGHT THE VESSEL, THE DEFENDANT STATED THE VESSEL WAS A STOLEN/RECOVERED VESSEL and that IS WHY IT DID NOT HAVE ANY HULL NUMBERS ON IT AND HE HAD TITLED THE VESSEL AS HOMEMADE. AFTER RESEARCHING THE TITLE PAPERWORK, IN REVIEWING the PHOTOGRAPHS OF the VESSEL, I MADE CONTACT WITH the DEFENDANT AT HIS PLACE OF EMPLOYMENT AT the CRYSTAL RIVER POWER PLANT. I READ HIM HIS MIRANDA WARNINGS AND HE AGREED HE would SPEAK with ME NOW. I SHOWED HIM A COPY OF THE VESSEL statement OF BUILDER WITH HIS NAME AND SIGNATURE ON IT. HE ADVISED THAT WAS HIS NAME AND SIGNATURE. I SHOWED HIM THE RECEIPT HE HAD PRODUCED IN REFERENCE TO MATERIALS USED TO BUILD THE BOAT. HE ADVISED THAT WAS THE RECEIPT HE GAVE TO THE TAX COLLECTORS OFFICE. I QUESTIONED HIM IN REFERENCE TO the RECEIPT. I ASKED HIM WHO HE BOUGHT the MATERIALS FROM AND HE ADVISED HE DID NOT KNOW. I ASKED HIM WHAT COMPANY THIS RECEIPT WAS FROM AND HE ADVISED HE DID NOT KNOW. HE THEN STATED HE MADE UP THE RECEIPT SO HE could REGISTER THE VESSEL AS HOMEMADE. I ASKED HIM WHERE the VESSEL WAS NOW AND HE ADVISED IT WAS IN BEVERLY HILLS, DID NOT KNOW THE EXACT ADDRESS BUT HAD SOLD THAT VESSEL TO SOMEONE IN BEVERLY HILLS. I SHOWED HIM A PHOTOGRAPH OF THE STOLEN VESSEL and ASKED IF THAT WAS HIS HOMEMADE VESSEL and HE REPLIED NO. HE BELIEVED the VESSEL HE TITLED AS HOMEMADE WAS A MITCHELL AND THAT HE DID WORK ON the BOAT, HAD NO TITLE OR REGISTRATION AND ADVISED HE BELIEVED HE could REGISTER WITH NO TITLE AS LONG AS HE CALLED IT A HOMEMADE. I SHOWED HIM A PHOTOGRAPH OF the STOLEN BOSTON WHALER WITH THE HOMEMADE FLORIDA IDENTIFICATION NUMBER ATTACHED TO THE SIDE. HE ADVISED HE DID NOT KNOW HOW THAT NUMBER GOT THERE. I ASKED HIM IF THE PHOTOGRAPHS TAKEN WERE AT HIS FORMER PLACE OF EMPLOYMENT (B & D LAWNMOWERS AND POWER SPORTS) AND REPLIED YES. I ASKED HOW HE CAME IN POSSESSION OF THE VESSEL AND HE REPLIED HE TRADED ANOTHER VESSEL FOR IT WITH NO PAPERWORK EXCHANGED HANDS AND THAT THE MALE SUBJECT THAT GAVE HIM THIS BOAT, HE ONLY KNEW AS PAUL. PAUL ADVISED HIM IT WAS AN INSURANCE CASE BOAT AND HE DID NOT HAVE ANY PAPERWORK FOR IT. I ASKED HIM ABOUT THE GROUND OUT HULL IDENTIFICATION NUMBER MISSING AT THE REAR OF the BOAT. HE ADVISED SINCE IT WAS AN INSURANCE CASE HE DID NOT THINK ANYTHING ABOUT IT. I ASKED HIM IF HE ADVERTISED THE VESSEL and SOLD the VESSEL AND HE REPLIED YES. I ASKED HIM IF ANY PAPERWORK EXCHANGED HAND AND HE REPLIED NO. I PLACED HIM UNDER ARREST AND TRANSPORTED HIM TO the COASTAL REGION SUBSTATION WHERE DETECTIVE FARKAS INTERVIEWED HIM. THE DEFENDANT DID NOT HAVE ANY INFORMATION FOR DETECTIVE FARKAS. I TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE BOOKED AND PROCESSED IN. *NOT-EXEMPT* |
