| Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0652 (AR08104700) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WAL-MART, TO WIT: ATTEMPTED TO CONCEAL MERCHANDISE BY TAKING POSSESSION OF OR CARRYING AWAY THE SAID MERCHANDISE, WITH INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE WAL-MART, 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(8)(A) AND DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: METAL SMOKING PIPE SAID OBJECT BEING A "CRACK PIPE" IN VIOLATION OF FLORIDA STATE STATUTES 893.147(1)(B). AND DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: SYRINGE SAID OBJECT BEING USED TO INJECT CONTROLLED SUBSTANCES INTO THE BODY, IN VIOLATION OF FLORIDA STATE STATUTES AND 893.147(1)(B). ON 081408, AT APPROXIMATELY1530 HOURS, I WAS DISPATCHED TO 2461 EAST GULF TO LAKE HIGHWAY IN REFERENCE TO A THEFT ALREADY OCCURRED. UPON ARRIVAL, I WAS ADVISED THAT THE LOSS PREVENTION OFFICER (LPO) DID HAVE THE SUSPECT IN HIS CUSTODY. THE LPO ADVISED THAT HE DID OBSERVE THE DEFENDANT STUFFING SAID MERCHANDISE INTO A WAL-MART BRAND BAG, AT WHICH TIME THE DEFENDANT ATTEMPTED TO EXIT THE STORE PASSING ALL POINTS OF SALE. IT WAS DURING THAT TIME THAT THE LPO IDENTIFIED HIMSELF AND REQUESTED THE MERCHANDISE, AT WHICH TIME THE DEFENDANT ATTEMPTED TO FLEE AND WAS THEN DETAINED AND BROUGHT BACK TO THE LOSS PREVENTION OFFICE. THE LPO THEN REQUESTED THE DEFENDANT TO EMPTY HIS POCKETS WHICH THE DEFENDANT DID COMPLY AND EXPOSED A METAL SMOKING PIPE AND SYRINGE. THE LPO THEN TOOK THE ITEMS INTO HIS POSSESSION AND MADE CONTACT WITH THIS AGENCY. UPON ARRIVAL, I READ THE DEFENDANT THE MIRANDA WARNING VIA PRE-PRINTED CARD AT WHICH TIME HE DID FULLY UNDERSTAND HIS RIGHTS AND DID WISH TO ANSWER ANY QUESTIONS THAT I HAD ABOUT THE CHARGES. IT SHOULD BE NOTED, THE DEFENDANT DID ADMIT TO ATTEMPTING TO STEAL AFOREMENTIONED ITEMS. I THEN PLACED THE DEFENDANT INTO HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK AND BEGAN TO SEARCH THE DEFENDANT FOR ANY WEAPONS WHICH MET WITH NEGATIVE RESULTS. A SWORN WRITTEN STATEMENT WAS OBTAINED BY THE LPO AND A PROPERTY RECEIPT WAS COMPLETED AND WILL LATER BE TURNED IN TO RECORDS FOR PROCESSING. I THEN PLACED THE METAL SMOKING PIPE AND SYRINGE INTO AN EVIDENCE BAG WHICH WAS LATER TURNED IN TO EVIDENCE. I THEN PLACED THE DEFENDANT INTO THE REAR OF MY PATROL VEHICLE AND TRANSPORTED HIM TO THE CITRUS COUNTY CORRECTIONS FACILITY FOR BOOKING AND PROCESSING. AN AGENCY CASE CARD WAS PROVIDED TO THE LOSS PREVENTION OFFICER BEARING MY NAME AND THIS AGENCY CASE NUMBER. *NOT-EXEMPT* |
