| Probable cause affidavit: |
SUBMITTED BY: SLINGERLAND, DANIEL 0443 (AR14-11967) (14-125741) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF FAMILY DOLLAR, TO WIT: BATTERIES 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, AND HAVING TWO MORE PRIOR CONVICTIONS FOR PETIT THEFT IN VIOLATION OF FLORIDA STATE STATUTES 812.015, 812.014(1), AND 812.014(3)(C). ON 091114 AT 1723 HOURS, I RESPONDED TO THE FAMILY DOLLAR STORE LOCATED AT 7150 SOUTH FLORIDA AVENUE IN FLORAL CITY IN REFERENCE TO A RETAIL THEFT IN PROGRESS. UPON ARRIVAL, MYSELF AND DEPUTY PHILLIPS (0482) MADE CONTACT WITH THE DEFENDANT, MR DENNIS DUVAL, WHO WAS WALKING OUT OF THE STORE. THE DEFENDANT WAS IDENTIFIED BY THE COMPLAINANT AND WITNESS AS ATTEMPTING TO REMOVE A GAME SYSTEM AND DID REMOVE BATTERIES FROM THE STORE. HE STATED THE DEFENDANT DID PASS ALL POINTS OF SALE WITHOUT ATTEMPTING TO PURCHASE THE BATTERIES. THE DEFENDANT CONSENTED TO A SEARCH OF HIS PERSON WHICH REVEALED TWO DOUBLE A RECHARGEABLE BATTERIES AND TWO TRIPLE A BATTERIES. THESE WERE LATER IDENTIFIED BY THE COMPLAINANT AS BEING REMOVED FROM THE PACKAGING IN THE STORE. CONTACT WAS MADE WITH ANOTHER WITNESS, WHO STATED SHE DID OBSERVE THE DEFENDANT PLACE A HANDHELD GAME SYSTEM ON A BACK SHELF. THE WITNESS THEN CHECKED THE BOX FOR THE GAME SYSTEM AND DISCOVERED THE BOX WAS EMPTY AT WHICH TIME SHE NOTIFIED THE STORE MANAGER, WITNESS ONE. SHE THEN LATER OBSERVED THE DEFENDANT STANDING NEAR THE BATTERIES AT WHICH TIME SHE HEARD A PACK OF BATTERIES OPENING. I AGAIN SPOKE WITH WITNESS ONE WHO STATED HE SPOKE WITH WITNESS TWO AND HE BEGAN OBSERVING THE DEFENDANT. HE ADVISED HE DID OBSERVE THE DEFENDANT REMOVE A HANDHELD GAME SYSTEM FROM HIS CLOTHES AND PLACE IT ON A SHELF IN THE BACK OF THE STORE. HE STATED HE CHECKED THE STORE AND OBSERVED VARIOUS COMPONENTS OF THE GAME SYSTEM PLACED ON OTHER SHELVES THROUGHOUT THE STORE. I AGAIN MADE CONTACT WITH THE DEFENDANT WHO WAS ADVISED OF HIS MIRANDA RIGHTS VIA PRE PRINTED AGENCY CARD. THE DEFENDANT STATED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH ME. THE DEFENDANT STATED THAT THE BATTERIES BELONGED TO HIM AND THAT HE BROUGHT THEM FROM HOME. HE STATED HE DID OPEN THE BOX FOR THE GAME SYSTEM HOWEVER, IT WAS TO CHECK IF ALL OF THE COMPONENTS WERE WITH THE SYSTEM. THE DEFENDANT STATED THAT HE DID HAVE PRIOR ARRESTS FOR RETAIL THEFT. THE DEFENDANT WAS PLACED UNDER ARREST FOR PETIT THEFT. HE WAS THEN HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE AT THE CITRUS COUNTY DETENTION FACILITY, I CONDUCTED A CHECK OF THE DEFENDANT'S CRIMINAL HISTORY WHICH REVEALED TWO MISDEMEANOR PETIT THEFT CONVICTIONS AS WELL AS TWO FELONY CONVICTIONS FOR GRAND THEFT. THE DEFENDANT'S MOST RECENT CONVICTION WAS ON 072103. THE DEFENDANT WAS CHARGED WITH PETIT THEFT WITH TWO OR MORE SUBSEQUENT CONVICTIONS. THE DEFENDANTâS BOND WAS SET AT $2,000.00, PER THE BOND SCHEDULE. PRIOR TO LEAVING THE SCENE, THE STOLEN BATTERIES TOTALING $13.25 WERE RECOVERED AND RETURNED TO THE FAMILY DOLLAR STORE. ALL PAPERWORK WAS TURNED INTO RECORDS. |
