Probable cause affidavit: |
SUBMITTED BY: CUTLIP, JOSHUA 0721 (13-23080) (AR13-4563) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WALMART, CARRYING AWAY THE SAID MERCHANDISE, WITH INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE, 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. ON 021913, AT APPROXIMATELY 1830 HOURS, I RESPONDED TO WALMART SUPERCENTER LOCATED AT 2461 EAST GULF TO LAKE HIGHWAY, INVERNESS, IN REFERENCE TO A SHOPLIFTER IN CUSTODY. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT/LOSS PREVENTION OFFICER, MR JOE COMPOSTELLA, WHO ADVISED ME THAT HE HAD DETAINED A WHITE MALE LATER IDENTIFIED AS THE DEFENDANT, MR JUSTIN SANDERS. THE COMPLAINANT ADVISED THAT WHILE CONDUCTING IN-STORE SURVEILLANCE, HE HAD OBSERVED THE DEFENDANT DISPLAYING SUSPICIOUS BEHAVIOR IN THE ELECTRONICS DEPARTMENT. THE COMPLAINANT THEN CONDUCTED FLOOR SURVEILLANCE IN PERSON. HE STATED THE DEFENDANT SELECTED FROM THE SHELVES A SET OF XBOX 360 GAMING CONSOLE HEADPHONES. THE COMPLAINANT ADVISED THAT THE DEFENDANT THEN CUT THROUGH THE SHOE DEPUTY AND WOMENâS CLOTHING DEPARTMENT, WHERE THE DEFENDANT THEN WENT TO THE FRONT OF THE STORE, PASSING ALL POINTS OF SALE TO THE CUSTOMER SERVICE COUNTER. THE DEFENDANT STATED HE WISHED TO RETURN THE HEADPHONES, HE HAD JUST PREVIOUSLY SELECTED, WITHOUT A RECEIPT. CUSTOMER SERVICE THEN ISSUED THE DEFENDANT AN IN-STORE CREDIT/GIFT CARD. THE DEFENDANT TOOK THE GIFT CARD/IN-STORE CREDIT AND EXITED THE STORE VIA THE FRONT ENTRANCE. THE COMPLAINANT MADE CONTACT WITH THE DEFENDANT IN THE STORE PARKING LOT WHERE HE ANNOUNCED HIMSELF AS THE LOSS PREVENTION OFFICER WITH WALMART. THE COMPLAINANT REQUESTED THE DEFENDANT RETURN INSIDE THE STORE FOR QUESTIONING, TO WHICH THE DEFENDANT COMPLIED AND WAS DETAINED UNTIL LAW ENFORCEMENT ARRIVED. AT APPROXIMATELY 1619 HOURS, I READ THE DEFENDANT HIS MIRANDA WARNING VIA AGENCY PREPRINTED CARD. THE DEFENDANT ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND STATED THAT HE WOULD SPEAK WITH ME AT THIS TIME. THE DEFENDANT ADMITTED POST-MIRANDA OF COMMITTING THE ACT OF RETAIL THEFT AND KNEW THAT HE WAS COMMITTING A CRIME, HOWEVER, STATED âHE WAS SO BROKE HE DID NOT KNOW WHAT ELSE TO DOâ. A WRITTEN STATEMENT WAS COMPLETED BY THE DEFENDANT AND THE COMPLAINANT WHICH WERE COLLECTED AND WILL BE TURNED IN TO RECORDS. A COPY OF THE SALES RECEIPT FOR THE HEADPHONE WAS COLLECTED WHICH HAD A VALUE OF $42.36 FOR THE HEADPHONES. THIS RECEIPT WAS ALSO TURNED IN TO RECORDS. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $250.00, PER THE BOND SCHEDULE. |