| Probable cause affidavit: |
SUBMITTED BY: RODRIGUEZ, MARCIAL 0301 (AR08106166) THE DEFENDANT DID UNLAWFULLY AND FALSELY MAKE ALTER FORGE OR COUNTERFEIT A certain ORDER FOR THE PAYMENT OF MONEY TO WIT: CHECK NUMBER 1089, PAYABLE TO WAL-MART DRAWN ON REGIONS BANK IN THE AMOUNT OF $261.80, WITH THE INTENT THEN AND THERE TO INJURE OR DEFRAUD THE VICTIM AND WAL-MART IN VIOLATION OF FLORIDA STATE STATUTE 831.01 AND DID THEN AND THERE UNLAWFULLY AND KNOWINGLY UTTER AND PUBLISH AS TRUE A CERTAIN FALSE ALTERED OR FORGED WRITTEN ORDER FOR MONEY TO WIT: A CHECK PAYABLE TO WAL-MART DRAWN ON REGIONS BANK IN THE AMOUNT OF $261.80, KNOWINGLY FULL WELL THAT SAID WRITTEN ORDER FOR MONEY WAS FALSE, ALTERED OR FORGED, SAID CHECK BEING PASSED WITH THE INTENT THEN AND THERE TO INJURE AND DEFRAUD THE VICTIM AND WAL-MART IN VIOLATION OF FLORIDA STATE STATUTE 831.09 AND DEFENDANT DID WILLFULLY AND WITHOUT AUTHORIZATION FRAUDULENTLY USE OR POSSESS WITH INTENT TO FRAUDULENTLY USE PERSONAL IDENTIFICATION INFORMATION OF THE VICTIM TO WIT: THE VICTIM'S FLORIDA STATE DRIVER'S LICENSE WITHOUT FIRST OBTAINING THAT INDIVIDUAL'S CONSENT, IN VIOLATION OF FLORIDA STATE STATUTE 817.568(2)(a). ON 110808 AT APPROXIMATELY 0134 HOURS, I ARRIVED AT THE WAL-MART SUPER CENTER LOCATED AT 2461 EAST GULF TO LAKE HIGHWAY IN INVERNESS AND MADE CONTACT WITH WAL-MART ASSISTANT MANAGER/WITNESS TWO. I ALSO MADE CONTACT WITH THE VICTIM AND WITNESS ONE. THE VICTIM ADVISED THAT THE DEFENDANT HAD TAKEN TWO CHECKS FROM HER CHECKBOOK ALONG WITH HER DRIVER'S LICENSE. THESE ITEMS HAD BEEN LOCATED IN THE VICTIM'S PURSE. THE VICTIM STATED THE DEFENDANT USED THE VICTIM'S DRIVER'S LICENSE AND ONE OF THE VICTIM'S CHECKS TO PURCHASE ITEMS AT WAL-MART. THE VICTIM STATED EARLIER ON 110708, AT APPROXIMATELY 2300 HOURS, THE VICTIM, WITNESS ONE AND THE DEFENDANT ARRIVED AT WAL-MART. THE VICTIM STATED THE DEFENDANT HAD REQUESTED TO BE TAKEN THERE EARLIER IN THE DAY. THE VICTIM STATED ON THE DRIVE FROM THE DEFENDANT'S RESIDENCE TO WAL-MART, HER PURSE WAS IN THE BACK SEAT WHERE THE DEFENDANT WAS SEATED. THE DEFENDANT WAS SEEN BY THE VICTIM AND WITNESS ONE, WHO IS THE DEFENDANT'S BROTHER, GOING THROUGH THE VICTIM'S PURSE. AT AN UNKNOWN POINT DURING THE TRIP TO WAL-MART, THE VICTIM TOOK CONTROL OF HER PURSE AND UPON CHECKING IT, NOTICED HER DRIVER'S LICENSE WAS MISSING. THE VICTIM ASKED THE DEFENDANT ABOUT HER DRIVER'S LICENSE. THE DEFENDANT TOLD THE VICTIM SHE DID NOT KNOW WHERE IT WAS AND THAT IT HAD PROBABLY FALLEN UNDERNEATH THE SEAT. ONCE ARRIVING AT WAL-MART, WITNESS ONE TOLD THE VICTIM THE DEFENDANT HAD A HISTORY OF TAKING CHECKS AND CREDIT CARDS. THE VICTIM LOOKED AT HER CHECKBOOK AND NOTICED THAT CHECK NUMBERS 1089 AND 1090 WERE MISSING. THESE WERE THE LAST TWO CHECKS IN THIS PARTICULAR CHECKBOOK. THE VICTIM SHOWED ME THE CHECKBOOK. THERE WERE SEVERAL CHECKS STILL AVAILABLE BEFORE THE TWO CHECKS THAT WERE MISSING. THE VICTIM STATED SHE ASKED THE DEFENDANT SEVERAL TIMES ABOUT THE DRIVER'S LICENSE AND THE CHECKS. THE DEFENDANT TOLD THE VICTIM SHE DID NOT HAVE THEM AND TO SEARCH HER IF SHE DID NOT BELIEVE SO. THE VICTIM STATED AT NO TIME DID SHE ALLOW THE DEFENDANT TO USE ANY OF HER CHECKS OR THE VICTIM'S DRIVER'S LICENSE. I THEN SPOKE WITH WITNESS TWO AND THE DEFENDANT. WITNESS TWO PROVIDED ME WITH THE VICTIM'S DRIVER'S LICENSE AND A CHECK NUMBER 1089 DATED 110808 IN THE AMOUNT OF $261.80 PAYABLE TO WAL-MART ON REGIONS BANK ACCOUNT NUMBER 5800422096. ON THE CHECK WAS ALSO A SIGNATURE WHICH IS NOT LEGIBLE. WITNESS TWO STATED THE VICTIM HAD NOTIFIED ANOTHER EMPLOYEE THAT THE DEFENDANT HAD TAKEN TWO OF THE VICTIM'S CHECKS ALONG WITH THE VICTIM'S DRIVER'S LICENSE. WITNESS TWO STATED THE DEFENDANT WAS ON REGISTER THIRTEEN WHEN SHE MADE CONTACT WITH HER. WITNESS TWO STATED AFTER THE CASHIER COMPLETED RINGING UP THE DEFENDANT'S PURCHASES, THE DEFENDANT WROTE THE CHECK AND PRESENTED VICTIM'S DRIVER'S LICENSE. WITNESS TWO STATED THAT SHE SAW THE DEFENDANT UTTER THE CHECK. AT THAT POINT, WITNESS TWO BROUGHT THE DEFENDANT TO THE LOSS PREVENTION OFFICE TO AWAIT LAW ENFORCEMENT. I SPOKE TO THE DEFENDANT AND ASKED HER IF THE ALLEGATIONS WERE CORRECT, TO WHICH THE DEFENDANT STATED THEY WERE NOT AND THAT THE VICTIM HAD GIVEN HER THE CHECK AND THE DRIVER'S LICENSE SO THAT THE DEFENDANT COULD PURCHASE ITEMS AND PAY THE VICTIM BACK AT A LATER DATE. THE DEFENDANT'S STORY CHANGED SEVERAL TIMES, TO INCLUDE THAT THE DEFENDANT HAD ALREADY GIVEN THE VICTIM ONE HUNDRED DOLLARS PRIOR TO THE VICTIM ALLOWING HER TO USE THE CHECK AND THAT THERE WAS ONLY ONE CHECK IN QUESTION. I ASKED THE DEFENDANT IF THE VICTIM WOULD HAVE GIVEN THE DEFENDANT CHECKS TO USE, WHY SHE WOULD HAVE TAKEN THE CHECKS FROM THE BACK OF HER CHECKBOOK. THE DEFENDANT FINALLY ADMITTED TO TAKING THE VICTIM'S DRIVER'S LICENSE OUT OF THE VICTIM'S PURSE AND THE TWO CHECKS OUT OF THE VICTIM'S CHECKBOOK. I ASKED THE DEFENDANT IF SHE INTENDED TO USE THE CHECKS AND DRIVER'S LICENSE TO PURCHASE ITEMS WITHOUT THE VICTIM'S CONSENT. THE DEFENDANT STATED SHE DID. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK. WHILE PLACING THE DEFENDANT IN HANDCUFF, I ROLLED UP THE LEFT SLEEVE ON HER JACKET AND DISCOVERED A SECOND CHECK NUMBER 1090 IN THE VICTIM' NAME DRAWN ON THE SAME BANK AND THE SAME ACCOUNT NUMBER. ALSO WITH THE SECOND CHECK WERE TWO DEPOSIT SLIPS FROM THE VICTIM'S CHECKBOOK. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD, TO WHICH SHE STATED SHE UNDERSTOOD HER RIGHTS AND WAIVED HER RIGHT TO COUNSEL. I SPOKE WITH WITNESS ONE WHO CORROBORATED THE STATEMENTS MADE BY THE VICTIM. BOTH WITNESSES AND THE VICTIM SUPPLIED WRITTEN STATEMENTS. THE DEFENDANT DECLINED THE OPPORTUNITY TO PROVIDE A WRITTEN STATEMENT. I ADVISED THE DEFENDANT SHE WAS BEING CHARGED WITH ONE COUNT OF UTTERING A FORGED CHECK, ONE COUNT OF FORGERY AND ONE COUNT OF CRIMINAL USE OF PERSONAL IDENTIFICATION INFORMATION. THE DEFENDANT WAS SEAT-BELTED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS HELD ON A COMBINED BOND, FOR ALL THREE CHARGES, OF $5,000.00. *NOT-EXEMPT* |
