| Probable cause affidavit: |
SUBMITTED BY: NOCELLA, TIMOTHY 0724 (AR12-3946) (12-323113) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WALMART, TO WIT: SHAVING PRODUCTS AND A MOUNTAIN DEW 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 OF LESS THAN $300.00, IN VIOLATION OF FLORIDA STATE STATUTES 812.015. DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN IN A STRUCTURE OR CONVEYANCE, TO WIT: DID ENTER THE PROPERTY OF THE VICTIM AFTER WARNING, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT, IN VIOLATION OF FLORIDA STATE STATUTES 810.08(1). ON 122712, I RESPONDED TO THE WALMART LOCATED AT 6885 SOUTH SUNCOAST BOULEVARD IN HOMOSASSA, IN REFERENCE TO A SHOPLIFTER IN CUSTODY. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT, MR CASEY CLARKSON, WHO WORKS FOR LOSS PREVENTION AT WALMART. THE COMPLAINANT ADVISED THAT WHILE DOING SECURITY, HE WITNESSED A MALE SUBJECT, LATER IDENTIFIED AS THE DEFENDANT, MR BRIAN SCHNEIDER, COLLECT MULTIPLE ITEMS IN THE PERSONAL CARE SECTION, AND CONCEAL THEM IN TO A SHOPPING BAG FROM A PREVIOUS PURCHASE. THE COMPLAINANT ADVISED THAT AFTER THE DEFENDANT PLACED THE ITEMS IN THE SHOPPING BAG, HE ATTEMPTED TO EXIT THE STORE WHERE HE PASSED THROUGH ALL POINTS OF SALE WITHOUT MAKING ANY ATTEMPTS TO PAY FOR THE MERCHANDISE. THE COMPLAINANT ADVISED THAT HE THEN CONFRONTED THE DEFENDANT AND THE DEFENDANT ADMITTED TO STEALING THE MERCHANDISE. HE THEN ESCORTED THE DEFENDANT TO THE OFFICE AND CONTACTED THIS AGENCY. THE COMPLAINANT PROVIDED ME WITH A VIDEO SURVEILLANCE DVD, A RECEIPT FOR ALL ITEMS THAT WERE TAKEN AND A SWORN WRITTEN STATEMENT. ALL ITEMS WERE THEN TURNED BACK OVER TO WALMART. THE COMPLAINANT ALSO ADVISED THAT THE DEFENDANT HAD PREVIOUSLY BEEN ARRESTED FOR SHOPLIFTING FROM THE STORE ON 081012 AND WAS ALSO TRESPASSED ON THE SAME DATE (TRESPASS #7388). I THEN MADE CONTACT WITH THE DEFENDANT AND READ THE HIM MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD AND HE THEN ADMITTED TO STEALING ALL OF THE ITEMS. HE COULD NOT GIVE AN EXCUSE AS TO WHY HE TOOK THE ITEMS. I ASKED THE DEFENDANT IF HE WISHED TO FILL OUT A SWORN WRITTEN STATEMENT AND HE RESPONDED âONLY IF IT WILL HELP MY CASEâ. I THEN ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR RETAIL THEFT AND TRESPASS AFTER WARNING. HE WAS THEN HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK AND SEARCHED, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $750.00, PER THE BOND SCHEDULE. THE SWORN WRITTEN STATEMENT AND COPY OF THE RECEIPT WAS TURNED IN TO RECORDS. THE VIDEO SURVEILLANCE DVD WAS TURNED IN TO EVIDENCE. |
