| Probable cause affidavit: |
SUBMITTED BY: PINNER, DAVID 0473 (AR08106853) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WAL-MART, TO WIT: TWO HDMI CABLES AND ONE S-VIDEO CABLE, 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, 812.014(1), AND 812.014(3)(A). ON 122308 AT APPROXIMATELY 1315 HOURS, I RESPONDED TO 3826 SOUTH SUNCOAST BOULEVARD IN HOMOSASSA, WHICH IS WAL-MART, IN REFERENCE TO A SHOPLIFTER IN CUSTODY. UPON ARRIVAL, CONTACT WAS MADE WITH WITNESS ONE WHO ADVISED ME THAT HE HAD SEEN DEFENDANT YOUNCE TAKE A JACKET OFF OF A RACK, REMOVE THE HANGER, AND PLACE IT ON HIS PERSON. THIS WITNESS AND ANOTHER WITNESS CURRENTLY HAD THE DEFENDANT DETAINED. THE DEFENDANT ADVISED THAT NO ONE SAW HIM DO ANYTHING AND THAT HE WAS NOT GOING TO SPEAK TO ANYBODY BECAUSE HE HAD BEEN THROUGH THE SYSTEM A FEW TIMES. THE DEFENDANT WAS HANDCUFFED BEHIND HIS BACK (DOUBLE LOCKED) AND PLACED IN THE REAR OF MY PATROL VEHICLE. DEFENDANT YOUNCE WAS READ MIRANDA FROM A PREPRINTED CARD . HE WAS ASKED IF HE WOULD SPEAK TO ME TO WHICH HE ADVISED HE WOULD NOT. THE DEFENDANT WAS DETAINED UNTIL MY INVESTIGATION WAS COMPLETE. I THEN MADE CONTACT WITH WITNESS ONE AGAIN WHO ADVISED ME THAT HE HAD BEEN WATCHING THE DEFENDANT AND TWO OF THE DEFENDANT'S FRIENDS AS THEY HAD BEEN IN THE STORE FOR QUITE AWHILE AND HAD BEEN ACTING SUSPICIOUSLY. WITNESS ONE ADVISED ME THAT HE DID SEE THE DEFENDANT REMOVE THE JACKET OFF THE HANGER AND PUT IT ON. WITNESS ONE CONTACTED WITNESS TWO VIA A TWO WAY RADIO AND ASKED HIM TO WAIT FOR THE DEFENDANT AT THE FRONT EXIT. WITNESS ONE ADVISED HE FOLLOWED THE DEFENDANT OUT OF THE STORE AND AS THE DEFENDANT EXITED THE STORE HE MADE CONTACT WITH HIM AND ASKED FOR A RECEIPT FOR THE JACKET. WITNESS ONE ADVISED THAT THE DEFENDANT ATTEMPTED TO PULL AWAY SO HE GRABBED THE DEFENDANT BY THE ARM AS HE ATTEMPTED TO FLEE THE AREA. AT THIS TIME, WITNESS TWO ASSISTED WITNESS ONE IN DETAINING THE DEFENDANT AS HE ACTIVELY ATTEMPTED TO FLEE. WITNESS ONE ADVISED THAT 911 WAS CONTACTED AND I ARRIVED SHORTLY LATER. WITNESS ONE COMPLETED A WITNESS STATEMENT, WHICH WAS TURNED IN TO RECORDS. I MADE CONTACT WITH WITNESS TWO, WHO ADVISED THAT HE WAS CONTACTED BY WITNESS ONE TO WATCH FOR THE DEFENDANT AS HE BELIEVED THAT THE DEFENDANT WAS GOING TO TAKE A JACKET WITHOUT PAYING FOR IT. AS THE DEFENDANT ATTEMPTED TO EXIT THE STORE, WITNESS TWO WATCHED WITNESS ONE ASK THE DEFENDANT FOR A RECEIPT FOR THE JACKET, AT WHICH TIME, THE DEFENDANT ATTEMPTED TO FLEE THE AREA WHERE HE AND WITNESS ONE DETAINED THE DEFENDANT UNTIL WE ARRIVED. WITNESS TWO COMPLETED A WITNESS STATEMENT WHICH WAS LATER TURNED IN TO RECORDS. WHILE COMPLETING MY INVESTIGATION WITH DEFENDANT YOUNCE, DEFENDANT DAVIS APPROACHED ME WITH HER BOYFRIEND, MR CHRISTOPHER WALTER. DEFENDANT DAVIS BEGAN TO ASK ME WHAT HAPPENED WITH DEFENDANT YOUNCE. WHILE SPEAKING WITH HER, SERGEANT LANE ARRIVED ON SCENE. SERGEANT LANE BEGAN TO WALK TOWARDS DEFENDANT DAVIS AND MR WALTER'S VEHICLE. AS HE APPROACHED THE VEHICLE, HE WITNESSED MR WALTER TAKING UNOPENED ITEMS FROM UNDER THE DRIVER AND PASSENGER SIDE FRONT SEATS AND PLACE THEM INTO A BLUE DUFFEL BAG. SERGEANT LANE WAS ABLE TO FREELY SEE THESE ITEMS AND THEY DID APPEAR THEY MIGHT HAVE BEEN STOLEN. THESE ITEMS WERE BROUGHT OVER TO MY PATROL VEHICLE ALONG WITH DEFENDANT DAVIS AND MR WALKER. DEFENDANT DAVIS WAS ASKED IF SHE HAD TAKEN THESE ITEMS WHICH SHE DENIED. DEFENDANT DAVIS ADVISED THAT SHE WAS ATTEMPTING TO RETURN THESE ITEMS FOR HER GRANDMOTHER. SERGEANT LANE CONTACTED DEFENDANT DAVIS' GRANDMOTHER VIA TELEPHONE, AT WHICH TIME DEFENDANT DAVIS' GRANDMOTHER DENIED NEEDING ANY ITEMS RETURNED. I MADE CONTACT WITH WITNESS THREE, WHO ADVISED SHE WATCHED DEFENDANT DAVIS ENTER THE STORE AT APPROXIMATELY 0900 HOURS AND WALK AROUND THE STORE FOR SEVERAL HOURS. WITNESS THREE ADVISED SHE SAW DEFENDANT DAVIS TAKE A BLUE AND WHITE PACKAGE OF COMPACT DISKS AND WALK AROUND THE STORE WITH THEM. IT SHOULD BE NOTED THAT A BLUE AND WHITE PACKAGE OF COMPACT DISKS WAS ONE OF THE ITEMS FOUND IN THE BLUE DUFFEL BAG. WITNESS THREE COMPLETED A WITNESS STATEMENT WHICH WAS LATER TURNED IN TO RECORDS. I THEN MADE CONTACT WITH WITNESS ONE AGAIN IN THE SECURITY OFFICE. WITNESS ONE ADVISED ME HAD VIDEO SURVEILLANCE FOOTAGE OF DEFENDANT DAVIS REMOVING ITEMS FROM THE SHELF AND PLACING THEM IN THE INNER POCKET OF A JACKET. WITNESS ONE SHOWED ME THIS VIDEO. YOU COULD CLEARLY SEE DEFENDANT DAVIS WALK TO A SECTION OF SHELVING WHERE COMPACT DISKS ARE HELD. SHE GRABBED AN ITEM FROM THE SHELF AND PLACED IT IN THE INNER POCKET OF HER JACKET. SHE THEN WALKED TO A SECTION WHERE TELEVISION AND COMPUTER CABLES ARE KEPT. SHE GRABBED SOME CABLES FROM THE SHELF AND CONCEALED THEM IN HER JACKET. IT SHOULD BE NOTED THAT TWO HDMI TELEVISION CABLES AND AN S-VIDEO TELEVISION CABLE WERE INCLUDED IN THE BLUE DUFFEL BAG. A COPY OF THIS VIDEO WAS OBTAINED AND LATER RETAINED AS EVIDENCE. DEFENDANT DAVIS WAS THEN HANDCUFFED BEHIND HER BACK (DOUBLE LOCKED) AND PLACED IN THE REAR OF SERGEANT LANE'S PATROL VEHICLE WHERE HE TRANSPORTED HER TO THE CITRUS COUNTY DETENTION FACILITY. SEE HIS SUPPLEMENT. PRIOR TO SERGEANT LANE LEAVING THE SCENE, I DID READ DEFENDANT DAVIS HER MIRANDA RIGHTS PER PREPRINTED CARD. I THEN TRANSPORTED DEFENDANT YOUNCE TO THE DETENTION FACILITY. DEFENDANT YOUNCE'S BAIL WAS SET AT $750 PER THE SCHEDULE AND DEFENDANT DAVIS' BAIL WAS SET AT $250 PER THE SCHEDULE. *NOT-EXEMPT* |
