| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR10116387) KNOWINGLY DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WITHOUT FIRST REGISTERING SAID NOT VEHICLE, IN VIOLATION OF FLORIDA STATE STATUTE 320.02(1) ON 081910 AT APPROXIMATELY 1840 HOURS, I WAS NOTIFIED BY DISPATCH TO RESPONDED TO 215 SOUTH WASHINGTON STREET IN BEVERLY HILLS IN REFERENCE TO A BREAK-IN IN PROGRESS. THE COMPLAINANT ADVISED DISPATCH THAT A WHITE MALE WITH A BASEBALL BAT, A WHITE FEMALE AND A BLACK MALE HAD TRIED TO BEAT DOWN THE FRONT DOOR OF THE RESIDENCE USING THE BASEBALL BAT. DISPATCH UPDATED THAT THE THREE SUBJECTS INVOLVED FLED NORTHBOUND ON SOUTH WASHINGTON STREET IN A SILVER SMALL FOUR DOOR VEHICLE. I TURNED EASTBOUND ON REGINA BOULEVARD FROM NORTH LECANTO HIGHWAY AS I SPOTTED THE VEHICLE WHICH WAS OCCUPIED BY THE THREE SUBJECTS WHO MATCHED THE DESCRIPTIONS I HAD BEEN GIVEN. THE VEHICLE CROSSED OVER REGINA BOULEVARD AT SOUTH BARBOUR STREET, HEADING NORTHBOUND. I INITIATED A TRAFFIC STOP ON THE VEHICLE UTILIZING ALL EMERGENCY EQUIPMENT WHERE THE VEHICLE TURNED IN TO THE DRIVEWAY OF THE RESIDENCE LOCATED AT 95 SOUTH BARBOUR STREET IN BEVERLY HILLS. I HAD THE DRIVER EXIT THE VEHICLE AND CONDUCTED AN EXTERIOR PAT-DOWN SEARCH WHICH WAS MET WITH NEGATIVE RESULTS. I NEXT HAD THE BLACK MALE/FRONT SEAT PASSENGER EXIT THE VEHICLE AND CONDUCTED AN EXTERIOR PAT-DOWN SEARCH WHICH WAS ALSO MET WITH NEGATIVE RESULTS. I THEN HAD THE REAR SEAT PASSENGER/WHITE FEMALE EXIT THE VEHICLE AND CONDUCTED AN EXTERIOR PAT-DOWN SEARCH WHICH WAS MET WITH NEGATIVE RESULTS. DEPUTY A CANFIELD ARRIVED ON SCENE, AT WHICH TIME I ASKED THE DRIVER/DEFENDANT, MR JACK RIVENBURG, WHAT HAD HAPPENED AT THE RESIDENCE ON SOUTH WASHINGTON STREET. HE SAID THAT THE SUBJECTS AT THAT RESIDENCE HAD ACCUSED HIM OF STEALING MARIJUANA SO THE DEFENDANT AND HIS PASSENGERS WENT TO THE RESIDENCE ON SOUTH WASHINGTON TO CONFRONT THE ACCUSER. THE DEFENDANT STATED THE ACCUSER/VICTIM BEGAN THROWING HAMMERS, A BASEBALL BAT AND OTHER ITEMS AT HIM. THE DEFENDANT STATED AS HE WAS RUNNING FROM THE RESIDENCE, HE WAS TACKLED. HE STATED HE WAS EVENTUALLY LET GO AND FLED THE RESIDENCE. I DID OBSERVE REDNESS ON THE DEFENDANT'S BACK. I OFFERED THE DEFENDANT EMERGENCY MEDICAL SERVICES WHICH HE REFUSED. I ASKED THE PASSENGERS WHAT HAD HAPPENED, TO WHICH THEY VERBALLY CORROBORATED THE DEFENDANT'S STORY. I ASKED THE DEFENDANT FOR PERMISSION TO SEARCH HIS VEHICLE, TO WHICH HE GRANTED VERBAL CONSENT BY SAYING I COULD SEARCH HIS VEHICLE. ON THE DRIVER SIDE, BETWEEN THE DRIVER SEAT AND THE DRIVER SIDE LOWER DOOR FRAME, I LOCATED A WOODEN BAT APPROXIMATELY THREE FEET LONG. I SEARCHED THE REST OF THE VEHICLE WHICH WAS MET WITH NEGATIVE RESULTS. I COLLECTED IDENTIFICATIONS FOR THE DEFENDANT AND HIS PASSENGERS AND RAN THEM FOR WANTS AND WARRANTS WHICH WAS ALSO MET WITH NEGATIVE RESULTS. I ASKED THE DEFENDANT WHO THE VEHICLE BELONGED TO, DUE TO THE FACT THAT WHILE RUNNING TEXAS TAG 553HAW, I COULD NOT GET ANYTHING BACK. THE DEFENDANT STATED HIS MOTHER HAD WILLED HIM THE VEHICLE AND THAT HE HAD NOT HAD A CHANCE TO REGISTER IT YET. THE DEFENDANT COULD NOT PROVIDE ANY DOCUMENTATION STATING THE VEHICLE HAD BEEN WILLED TO HIM. I DID LOCATE AN INSURANCE PAPER INSIDE OF THE VEHICLE SHOWING THAT THE DEFENDANT HAD PLACED INSURANCE ON THE VEHICLE IN 2008. I CONTACTED TELETYPE WITH THE VEHICLE TAG NUMBER AND WAS ADVISED THAT THE VEHICLE WAS NO LONGER REGISTERED IN THE STATE OF TEXAS AND THAT THE TAG HISTORY HAD ADVISED THAT THE TEXAS TAG, BELONGING TO THE DEFENDANT'S MOTHER, HAD EXPIRED IN AUGUST OF 2008. I RAN THE VEHICLE IDENTIFICATION NUMBER (VIN) TO CONFIRM THAT THE VEHICLE HAD NOT BEEN STOLEN. THE VIN CAME BACK WITH NO WANTS. DEPUTY CANFIELD ADVISED ME THAT THE VICTIM AT 215 SOUTH WASHINGTON STREET ADVISED HE DID NOT WANT TO PRESS CHARGES AND SIGNED A WAIVER OF PROSECUTION FORM. I THEN HAD THE DEFENDANT AND HIS TWO PASSENGERS COMPLETE SWORN WRITTEN STATEMENTS. DEPUTY CANFIELD ALSO ADVISED THAT THERE WAS DAMAGE TO THE FRONT DOOR OF THE VICTIM'S RESIDENCE BUT THAT THE VICTIM DID NOT WANT TO DO ANYTHING ABOUT IT. DEPUTY CANFIELD ADVISED THAT THE VICTIM HAD REFUSED TO COMPLETE A WRITTEN STATEMENT. DETECTIVE BLAIR ADVISED THAT WITH THE VICTIM'S CONSENT, HE CONDUCTED A SEARCH OF THE VICTIM'S RESIDENCE WHICH WAS MET WITH NEGATIVE RESULTS FOR LOCATING ANY ILLEGAL NARCOTICS OR ANY WEAPONS. I PLACED THE DEFENDANT UNDER ARREST FOR ONE COUNT OF FAILURE TO REGISTER A MOTOR VEHICLE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS PROCESSED, BOOKED AND HELD ON A BOND OF $500.00, IN ACCORDANCE WITH THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 8286-FRY6, FOR FAILURE TO REGISTER A MOTOR VEHICLE WITH A MANDATORY COURT APPEARANCE DATE ON 090210 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. "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* |
