Probable cause affidavit: |
SUBMITTED By: CLARK, CORRY 0711 (AR13-6593) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF BEALLâS DEPARTMENT STORE, TO WIT: A PAIR OF SIZE 9 FRANCO SARTO SOLARIS DRESS SHOES, 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 072513, AT APPROXIMATELY 1325 HOURS, I RESPONDED TO BEALLâS DEPARTMENT STORE LOCATED AT 2851 EAST GULF TO LAKE HIGHWAY, INVERNESS, DUE TO A SHOPLIFTER IN CUSTODY. UPON MY ARRIVAL, I MADE CONTACT WITH MR CHAD WHITLER (WITNESS) WITH LOSS PREVENTION. HE ADVISED THAT ON 072513, AT APPROXIMATELY 1250 HOURS, HE WAS CONDUCTING STORE SURVEILLANCE VIA CLOSED circuit TELEVISION. HE ADVISED THAT HE OBSERVED THE DEFENDANT, LATER IDENTIFIED AS MS DEBORAH DOUGLAS, IN THE SHOE DEPARTMENT WHERE HE WITNESSED THE DEFENDANT SELECTED A PAIR OF SHOES, WHICH WERE AEROSOLES, REMOVE THE FROM THE BOX, AND CONCEAL THEM IN HER PURSE. SHE THEN CONTINUED DOWN THE SHOE AISLE WHERE SHE SELECTED ANOTHER BOX FROM THE SHELF, TRIED THE SHOES ON, WHICH WERE FRANCO SARTO DRESS SHOES (SIZE 9). MR WHITLER THEN OBSERVED THE DEFENDANT REMOVE THE AEROSOLES FROM HER PURSE, PLACE THEM INTO THE FRANCO SARTOâS SHOE BOX, PLACE THAT BOX BACK ONTO THE SHELF AND PROCEED TO PLACE THE FRANCO SARTO SHOES INTO HER PURSE. HE ADVISED THAT HE THEN OBSERVED THE DEFENDANT PROCEED TO THE EXIT PASSING ALL POINTS OF SALE AND EXIT THE STORE WHERE HE THEN MADE CONTACT WITH THE DEFENDANT AND IDENTIFIED HIMSELF AS A LOSS PREVENTION OFFICER. HE THEN ESCORTED HER TO THE LOSS PREVENTION OFFICE. MR WHITLER THEN ALLOWED ME TO VIEW THE VIDEO WHERE I COULD CLEARLY IDENTIFY THE DEFENDANT REMOVE THE SHOES OUT OF THE BOX AND PLACE THEM INTO HER PURSE. I THEN OBSERVED THE DEFENDANT TO PROCEED OUTSIDE OF THE STORE PASSING ALL POINTS OF SALE WHERE I THEN OBSERVED MR WHITLER MAKE CONTACT WITH THE DEFENDANT OUTSIDE. MR WHITLER PROVIDED ME with a SWORN WRITTEN STATEMENT, WHICH WAS COLLECTED AND TURNED IN TO RECORDS ALONG WITH A RECEIPT FOR THE SHOES WITH A SUBTOTAL OF $80.00. WHILE MR WHITLER WAS PRESENT, I MADE CONTACT WITH THE DEFENDANT. UPON SPEAKING WITH THE DEFENDANT SHE WAS READ MIRANDA VIA PREPRINTED MIRANDA CARD. I ASKED THE DEFENDANT IF SHE HAD TAKEN THE SHOES, AND SHE STATED YES. I ASKED IF SHE KNEW WHAT SHE DID WAS WRONG, AND SHE ALSO STATED YES. SHE THEN BEGAN CRYING AND STATED THAT SHE HAD NEVER STOLEN ANY ITEM IN HER LIFE BESIDES THESE SHOES. SHE THEN STATED THAT SHE CAME TO THE BEALLâS STORE TO RETURN A WATCH, HOWEVER, SHE ACCIDENTALLY LEFT THE WATCH AT HOME. AT THAT TIME, SHE BEGAN BROWSING THE AISLES WHERE SHE FOUND THE DRESS SHOES AND STATED THAT THEY WERE REALLY PRETTY. SHE ADVISED THAT SHE THEN SELECTED THE DRESS SHOES TO WEAR TO HER COURT DATE. SHE ALSO STATED THAT SHE HAD NO MONEY DUE TO GOING THROUGH A DIVORCE. IT WAS LATER DISCOVERED THAT THE DEFENDANT WAS NEVER MARRIED AND THAT SHE ASKED ME IF I COULD TAKE HER TO HER RESIDENCE SO THAT SHE COULD OBTAIN THE MONEY TO PAY FOR THE MERCHANDISE. DUE TO THE EVIDENCE PROVIDED BY MR WHITLER, OBSERVING THE VIDEO, AND THE DEFENDANTâS ADMISSION TO STEALING THE SHOES, SHE WAS PLACED UNDER ARREST FOR RETAIL PETIT THEFT, HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND SECURED IN MY PATROL VEHICLE. WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT REMOVED HER CUFFS FROM BOTH HANDS CAUSING ME TO PULL OVER AND RE-SECURE THE DEFENDANT IN HANDCUFFS. UPON ARRIVAL AT THE DETENTION FACILITY SHE WAS TURNED OVER FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $250.00 PER THE BOND SCHEDULE. MR WHITLER PROVIDED ME WITH A DVD COPY OF THE SURVEILLANCE WHICH WAS LATER COLLECTED AND TURNED IN TO EVIDENCE. NO FURTHER ACTION TAKEN. |