Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR09109019) did unlawfully and knowingly obtain, use or endeavor to obtain or use the property of THE VICTIM to-wit: A TURQUOISE IN COLOR F150 PICKUP TRUCK BEARING FLORIDA TAG K437AG, by exercising control over said property with the intent to either temporarily or permanently deprive THE VICTIM of a right to the property or a benefit thereof, or did appropriate the property to HIS own use or the use of any person not entitled thereto, and knew or should have known that said property was stolen, in violation of Florida Statute 812.014(2)(c)(6); DID DRIVE A MOTOR VEHICLE UPON A HIGHWAY IN THE STATE OF FLORIDA WITHOUT HAVING A VALID DRIVER'S LICENSE AUTHORIZING HIM TO DO SO, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 322.03(1). ON 051109 AT APPROXIMATELY 1540 HOURS WHILE I WAS ON PATROL IN THE AREA OF KINGS BAY AND HIGHWAY 19, I DID OBSERVE A TURQUOISE IN COLOR F150 BEARING FLORIDA TAG K437AG, TO BE DRIVING OVER THE MIDDLE LANE AND OUTSIDE LANE PASSING LINES. THE VEHICLE CONTINUED SOUTHBOUND ON HIGHWAY 19, DRIVING IN BOTH LANES AND WHEN THE OPERATOR SLOWED the VEHICLE DOWN, THE RIGHT BRAKE LIGHT WAS NOT WORKING. AT THAT TIME I ACTIVATED MY LIGHTS AND STOPPED the VEHICLE AT THE CORNER OF HIGHWAY 19 AND FORT ISLAND TRAIL. I MADE CONTACT WITH THE DRIVER AND EXPLAINED TO HIM WHY I STOPPED HIS VEHICLE, TO WHICH HE REPLIED "YES, I KNOW, I WAS DRIVING OVER THE WHITE LINES." I THEN ASKED the DEFENDANT FOR HIS DRIVER LICENSE, TO WHICH HE STATED THAT HE DID NOT HAVE A FLORIDA DRIVER LICENSE, BUT GAVE ME A UNITED STATES PASSPORT WITH A FLORIDA IDENTIFICATION CARD INSIDE. I THEN ASKED THE DEFENDANT IF HE HAD A DRIVER LICENSE AT ALL, HE REPLIED "NO, I DO NOT." AS I WALKED AWAY FROM HIS VEHICLE, THE DEFENDANT CALLED ME BACK TO HIS WINDOW AND PULLED THE KEYS OUT OF THE IGNITION AND STATED, "I'M GOING TO BE HONEST WITH YOU, HE DOES NOT KNOW I HAVE HIS VEHICLE." I ASKED HIM TO REPEAT WHAT HE HAD SAID, AND HE REPLIED, "MR SIZEMORE, THE OWNER OF THE VEHICLE PISSED ME OFF, SO I TOOK HIS TRUCK." I ASKED HIM WHERE HE GOT THE KEYS, HE REPLIED ABOVE THE VISOR, THAT WAS WHERE THE VICTIM always KEPT THEM BECAUSE HIS VEHICLE IS IN A FENCED-IN AREA BEHIND HIS RESIDENCE. THE DEFENDANT THEN STATED THAT THE BICYCLE IN THE BACK OF THE TRUCK WAS HIS. AT THAT TIME, I DETAINED THE DEFENDANT AND PLACED HIM IN THE REAR SEAT OF MY PATROL VEHICLE AND ADVISED HIM HE WAS NOT UNDER ARREST YET AND I WAS WAITING FOR THE OWNER TO RESPOND TO MY LOCATION TO SEE IF HE WANTED TO PRESS CHARGES. AT that TIME THE VICTIM WAS CONTACTED AND HE RESPONDED TO MY LOCATION. I THEN ASKED THE VICTIM IF HE HAD GIVEN THE DEFENDANT PERMISSION TO DRIVE HIS VEHICLE, HE STATE NO, HE HAD NOT, AND THAT THE TRUCK WAS PARKED IN THE FENCED-IN AREA BEHIND HIS RESIDENCE AND HE HAD FALLEN ASLEEP WATCHING TELEVISION. THE VICTIM STATED HE DID NOT, NOR EVER HAS, GIVEN PERMISSION TO THE DEFENDANT TO USE HIS VEHICLE AT ANY TIME. THE VICTIM DID STATE THAT HE WANTED TO PRESS CHARGES AGAINST THE DEFENDANT. AT THIS TIME, I HAD THE VICTIM FILL OUT AN VEHICLE THEFT AFFIDAVIT, AS WELL AS A SWORN WRITTEN statement. THE DEFENDANT WAS PLACED UNDER ARREST FOR GRAND THEFT AUTO AND FOR DRIVING WITH NO LICENSE. THE DEFENDANT WAS GIVEN FLORIDA UNIFORM TRAFFIC CITATION 9393-ESG, FOR DRIVING WITH NO LICENSE. THE VEHICLE WAS TURNED OVER TO THE OWNER AT THE SCENE WITH NO DAMAGE TO THE VEHICLE. AS I SAT IN MY VEHICLE, THE DEFENDANT SPONTANEOUSLY UTTERED, "I SHOULD HAVE TAKEN THE BACK ROADS SO I WOULDN'T GET CAUGHT." DEPUTY BEHNEN DID RESPOND AS MY BACK UP AND DID WITNESS THE DEFENDANT IN THE DRIVER'S SEAT OF THE VEHICLE IN POSSESSION OF THE VEHICLE, SEE HIS SUPPLEMENT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HIS BOND WAS SET AT $2,150.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |