| Probable cause affidavit: |
SUBMITTED BY: PINNER, DAVID 0473 (AR09110144) THE DEFENDANT, MR DONALD HILL, did then and there unlawfully have in HIS actual or constructive possession OF a certain habit-forming , toxic, harmful, new or legend drug subject to Section 499.003, Florida Statutes, to wit: 23 5MG HIDROCODONE, commercially known as PERCOCET, AND 28 ENDOCET (325 MG OF ACETOMINOPHEN, AND 10 MG OXYCODONE), WITH INTENT TO SELL, without having obtained said drug by a valid prescription, in violation of Florida STATE Statute 499.03(1). ON 072409, I WAS DISPATCHED TO 4861 NORTH ELM DRIVE, IN CRYSTAL RIVER, IN REFERENCE TO A THEFT. UPON ARRIVAL, CONTACT WAS MADE WITH THE VICTIM, WHO ADVISED ME THAT THE DEFENDANT HAD STOLEN A SAFE FROM HIS RESIDENCE EARLIER THAT DAY. THE VICTIM ADVISED THAT HE HAD LAST SEEN THE SAFE ON 072409, AT 0100 HOURS. HE NOTICED THE SAFE MISSING ON 072409, AT 0930 HOURS. THE VICTIM ADVISED THAT THE DEFENDANT HAD COME OVER TO HIS RESIDENCE AT AROUND 0915 HOURS, AND ADVISED THE DEFENDANT DID NOT STAY AT HIS RESIDENCE VERY LONG AND HAD LEFT ABRUPTLY. THE VICTIM ADVISED ME THAT HE AND THE DEFENDANT HAVE HAD SEVERAL PROBLEMS IN THE PAST, AND THE DEFENDANT HAS STOLEN FROM HI M BEFORE. THE VICTIM WALKED OVER TO HIS BEDROOM WHERE THE DEFENDANT WAS LAST SEEN, AND NOTICED HIS SAFE MISSING. THE VICTIM ADVISED THAT HE HAD TRIED TO CONTACT THE DEFENDANT SEVERAL TIMES TO RETRIEVE HIS PROPERTY, BUT THE DEFENDANT WOULD NOT ANSWER HIS TELEPHONE. THE VICTIM TOLD ME THAT HE HAD APPROXIMATELY $100.00 CASH, AND TWO PILL BOTTLES CONTAINING PERCOCET AND ENDOCET. HE THEN CONTACTED THE CITRUS COUNTY SHERIFF'S OFFICE. LATER TODAY, I RECEIVED INFORMATION THAT THE DEFENDANT WAS AT A MUTUAL FRIEND OF THE DEFENDANT'S AND THE VICTIM'S RESIDENCE. I ALSO OBTAINED INFORMATION THAT THE DEFENDANT WAS ATTEMPTING TO SELL THE PILLS HE HAD OBTAINED FROM THE VICTIM. I THEN PROCEEDED TO THE SUBJECT'S RESIDENCE OFF OF FOLGER COURT, IN HOMOSASSA. I KNOCKED ON THE DOOR, AND A VOICE SAID "COME IN". I WALKED IN THE DOOR AND TURNED TO FACE TWO MEN, A MAN SITTING IN A CHAIR AND ANOTHER MAN, THE DEFENDANT, STANDING NEXT TO THE OTHER MAN SITTING IN THE CHAIR. THE DEFENDANT HAD IN HIS LEFT HAND, AN ORANGE PILL BOTTLE, WITH AN UNKNOWN AMOUNT OF PILLS IN THEM. IT APPEARED THAT THE LABEL HAD BEEN SCRATCHED OFF. I ASKED THE DEFENDANT WHO THE PILLS HE HAD IN HIS HAND BELONGED TO AND HE ADVISED THAT HE DID NOT KNOW. I ASKED THE OTHER MAN WHO THE PILLS BELONGED TO, AND THE MAN ADVISED THAT THE DEFENDANT HAD BROUGHT THEM IN WITH HIM. THE DEFENDANT WAS THEN SEARCHED, INCIDENT TO ARREST, AND IN HIS LEFT FRONT POCKET I LOCATED ANOTHER PILL BOTTLE. THIS PILL BOTTLE BELONGED TO THE VICTIM OF THE THEFT AND WAS THE ENDOCET. THE DEFENDANT WAS THEN PLACED UNDER ARREST AND WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. THE DEFENDANT WAS READ MIRANDA FROM A PREPRINTED MIRANDA CARD, AND WAS ASKED IF HE WOULD SPEAK TO ME TO WHICH HE ADVISED HE WOULD. I ASKED THE DEFENDANT WHO THE PILLS BELONGED TO, AND HE ADVISED THEY BELONGED TO THE VICTIM. I THEN ASKED THE DEFENDANT ABOUT THE VICTIM'S STOLEN SAFE. THE DEFENDANT ADVISED HE DID TAKE THE VICTIM'S SAFE AND THAT IT WAS AT HIS RESIDENCE ON 4636 SLASH PINE AVENUE, IN HOMOSASSA. I ASKED THE DEFENDANT IF WE COULD RETRIEVE THE VICTIM'S STOLEN ITEMS AND RETURN THEM TO HIM, TO WHICH HE ADVISED I COULD. I THEN PLACED THE DEFENDANT IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED HIM TO HIS RESIDENCE ON SLASH PINE. I THEN HANDCUFFED THE DEFENDANT'S HANDS IN FRONT OF HIS BODY. I AGAIN ASKED THE DEFENDANT IF IT WAS ALRIGHT TO ENTER HIS RESIDENCE TO RETRIEVE THE STOLEN ITEMS, TO WHICH HE ADVISED IT WAS. I GAVE THE DEFENDANT THE KEY TO HIS RESIDENCE AND HE UNLOCKED THE DOOR. HE THEN WALKED OVER TO AN AIR-CONDITIONING VENT ON THE FLOOR OF HIS TRAILER AND REMOVED THE VENTILATION GRID AND AIR FILTER. I THEN TOOK PHOTOGRAPHS OF THE SAFE THAT WAS LOCATED IN THE AIR-CONDITIONING VENT. THE DEFENDANT THEN REMOVED THE SAFE FROM THE AIR-CONDITIONING VENT. I THEN TOOK MORE PHOTOGRAPHS OF THE SAFE, AND TOOK POSSESSION OF THE SAFE, AND PLACED IT IN MY PATROL VEHICLE. I COMPLETED A PROPERTY RECEIPT AND ASKED THE DEFENDANT TO SIGN IT STATING THAT I WAS RETRIEVING THE SAFE AND PILL BOTTLES FROM HIS RESIDENCE, AND TRANSPORTING THEM TO THE VICTIM'S RESIDENCE, WHICH HE DID. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WHERE HIS BOND WAS SET AT $4,000.00 PER THE BOND SCHEDULE. IT SHOULD BE NOTED THAT DUE TO THE FACT THAT THE MONETARY VALUE OF THE ITEMS THAT WERE TAKEN FROM THE VICTIM'S RESIDENCE WAS LESS THAN $300.00, WHICH IS PETIT THEFT, AND THAT PETIT THEFT IS NOT A MISDEMEANOR EXCEPTION. THE DEFENDANT WAS NOT CHARGED for the PETIT THEFT, HOWEVER, A CRIMINAL HISTORY WAS RUN ON THE DEFENDANT WHILE I WAS AT THE CITRUS COUNTY DETENTION FACILITY AND I LEARNED THAT THE DEFENDANT HAD TWO OR MORE PRIOR LARCENY CONVICTIONS. *not-exempt* |
