| Probable cause affidavit: |
SUBMITTED BY: RUBY, SAMUEL 0562 (AR10118599) DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN IN A CARTILAGE, TO WIT: THE USED TIRE AREA IN THE REAR OF TIRE KINGDOM, THE PROPERTY OF THE VICTIM, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT, IN VIOLATION OF FLORIDA STATE STATUTE 810.09(1)(A). DID LOITER AND/OR PROWL IN A PLACE, AT A TIME OR IN A MANNER NOT USUAL FOR LAW ABIDING INDIVIDUALS, UNDER CIRCUMSTANCES THAT WARRANT A JUSTIFIABLE AND REASONABLE ALARM OR IMMEDIATE CONCERN FOR THE SAFETY OF PERSON(S) OR PROPERTY IN THE VICINITY, IN VIOLATION OF FLORIDA STATE STATUTE OF 856.021. ON 123010 WHILE CONDUCTING ROUTINE PATROL OF WEST GULF TO LAKE HIGHWAY IN CRYSTAL RIVER, I WAS ADVISED BY DEPUTY CASOLA, WHO WAS PILOTING AIR ONE AT THE TIME, THAT THERE WAS AN UNKNOWN SUBJECT INSIDE THE FENCED-IN AREA ON THE SOUTHWEST CORNER OF TIRE KINGDOM. MYSELF AND DEPUTY HUGHES RESPONDED TO THE AREA. UPON ARRIVAL AT THE TIRE KINGDOM LOCATED AT 750 NE 5TH STREET IN THE CITY OF CRYSTAL RIVER, I OBSERVED A RED MINIVAN PARKED NEXT TO A FENCED AREA WHERE THE USED TIRES ARE KEPT. THERE WERE TWO INDIVIDUALS BETWEEN THE VAN AND THE FENCED AREA. UPON MAKING CONTACT WITH THE INDIVIDUALS, I ASKED THEM WHAT THEY WERE DOING IN THE AREA. MR JEFFERY EICHEL ADVISED THAT HE AND THE DEFENDANT, MR FRANCISCO CIFUENTES, WERE LOOKING AT THE USED TIRES IN THE FENCED-IN AREA AND WERE PLANNING ON TAKING THE GOOD ONES. BOTH SUBJECTS HAD ON THEIR PERSON A SMALL FLASHLIGHT. THEY ADVISED THAT THEY WERE ON A REGULAR TIRE ROUTE WHICH STARTED IN HUDSON. I ASKED IF EITHER PARTY WAS INSIDE THE FENCED-IN AREA AND THEY ADVISED NO. I ADVISED THE DEFENDANT OF HIS MIRANDA RIGHTS VIA PREPRINTED CARD. AT THAT TIME, I ADVISED THE DEFENDANT THAT THE PILOT OF OUR HELICOPTER HAD SEEN HIM INSIDE THE FENCED-IN AREA OF THE TIRES. THE DEFENDANT ADVISED THAT IT WAS ONLY HIM WHO ENTERED THE FENCED-IN AREA. I SHOWED THE DEFENDANT THE "NO TRESPASSING" SIGN WHICH WAS FASTENED TO THE FENCE WITH PIECES OF WIRE FACING THE VAN, OF WHICH THE DEFENDANT AND THE OTHER SUBJECT HAD ARRIVED IN. THE DEFENDANT ADVISED THAT HE WORKED FOR G&L TIRES OF HUDSON AND THAT HE COLLECTED USED TIRES FOR THEM. HE STATED THAT NORMALLY HE HAD PERMISSION TO COLLECT USED TIRES BUT NOT FROM THE TIRE KINGDOM IN CRYSTAL RIVER. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND ADVISED HE WAS BEING PLACED UNDER ARREST FOR LOITERING AND PROWLING AND FOR TRESPASS. I SPOKE WITH THE OTHER SUBJECT WHO ADVISED THAT HE ALSO KNEW THAT THEY DID NOT HAVE PERMISSION AND THAT THIS IS NOT SOMETHING THEY NORMALLY DO IN CITRUS COUNTY. I ASKED THIS SUBJECT WHERE THE TIRES IN THE VAN CAME FROM AND HE ADVISED HERNANDO COUNTY IN THE HUDSON AREA. THIS SUBJECT WAS ALSO ARRESTED FOR LOITERING AND PROWLING. DUE TO THE FACT THAT BOTH SUBJECTS WERE IN THE AREA OF THE CLOSED BUSINESS AT A TIME AND IN A MANNER NOT USUAL FOR A LAW ABIDING INDIVIDUAL WITH A CONCERN FOR PROPERTY OF TIRE KINGDOM, BOTH SUBJECTS WERE ARRESTED FOR LOITERING AND PROWLING. THE VAN WAS LEFT ON SCENE. I ATTEMPTED TO CONTACT THE KEY HOLDER FOR TIRE KINGDOM BUT HAVE BEEN UNSUCCESSFUL AT THIS TIME. I WILL FOLLOW-UP DURING NORMAL BUSINESS HOURS. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
