Probable cause affidavit: |
SUBMITTED By: BONURA, MATTHEW 0334 (AR10118220) did unlawfully traffic in or endeavor to traffic in property that THE DEFENDANT knew or should have known was stolen, to-wit: BLACK LG CELLULAR TELEPHONE, the property of THE VICTIM, in violation of Florida'S STATE Statute 812.019(1). ON 120410 AT APPROXIMATELY 2000 HOURS, I WAS DISPATCHED TO THE EYE CARE CLINIC OFF OF HIGHWAY 19 INSIDE THE CRYSTAL RIVER CITY LIMITS. I MADE CONTACT WITH THE VICTIM, MS CHARLOTTE RODGERS, WHO ADVISED THAT SHE HAD PARKED HER VEHICLE AT THE EYE CARE CLINIC AT APPROXIMATELY 1700 HOURS TO WATCH THE CRYSTAL RIVER CHRISTMAS PARADE. WHEN SHE RETURNED TO HER VEHICLE AT APPROXIMATELY 1940 HOURS, SHE HAD DISCOVERED HER REAR PASSENGER WINDOW WAS BROKEN OUT. SHE ADVISED THAT HER DAUGHTERS' PURSES WERE STOLEN OUT OF THE VEHICLE. SEE ARTICLE FORM FOR DETAIL DESCRIPTIONS. MS RODGERS ADVISED ME THAT HER DAUGHTER'S CELLULAR TELEPHONE, A BLACK LG SPRINT PHONE, HAD THE CAPABILITIES FOR BEING TRACKED. SHE ADVISED THAT SHE WOULD RETURN HOME AND ATTEMPT TO TRACK THE CELLULAR TELEPHONE. I THEN PROCESSED THE VICTIM'S VEHICLE, SEE CRIME SCENE TECHNICIAN REPORT. I PROVIDED THE VICTIM WITH AN AGENCY ISSUED CASE CARD BEARING THIS CASE NUMBER AND MY IDENTIFICATION AND ADVISED TO CONTACT THIS AGENCY WITH ANY ADDITIONAL INFORMATION OR QUESTIONS REGARDING THIS CASE. LATER ON IN THE SHIFT, I HAD RECEIVED A TELEPHONE CALL FROM THE VICTIM ADVISING THAT SHE HAD SUCCESSFULLY TRACKED HER DAUGHTER'S CELLULAR TELEPHONE TO 14 BEVERLY COURT IN CRYSTAL RIVER. DEPUTY VIGGIANO AND I THEN RESPONDED TO THAT LOCATION. I CONTACTED THE VICTIM'S CELLULAR TELEPHONE WHERE AN UNIDENTIFIED FEMALE ANSWERED THE TELEPHONE. I INTENTIONALLY WAS MUMBLING MY VOICE, THAT IS WHEN THE UNIDENTIFIED FEMALE SAID HANG ON ONE SECOND, LET ME STEP OUTSIDE. THE DEFENDANT THEN CAME OUT THE FRONT DOOR, STILL SPEAKING WITH ME ON THE STOLEN CELLULAR TELEPHONE. I ASKED THE DEFENDANT WHERE SHE RECEIVED THAT CELLULAR TELEPHONE FROM, TO WHICH SHE ADVISED THAT SHE PURCHASED IT FOR $90.00 FROM AN INDIVIDUAL BY THE NAME OF JOHN WHO RECEIVED IT FROM AN INDIVIDUAL BY THE NAME OF CHRIS. I INFORMED THE DEFENDANT WHY I WAS THERE AND THAT I WAS LOOKING FOR THE REST OF THE STOLEN PROPERTY. SHE ADVISED THAT SHE DID NOT HAVE ANYTHING ELSE. I THEN ASKED HER IF SHE WOULD ALLOW ME INTO THE RESIDENCE TO SEARCH, TO WHICH SHE STATED IT WAS HER SISTER'S HOUSE AND SHE WOULD NOT ALLOW ME PERMISSION TO SEARCH. I WAS ABLE TO MAKE CONTACT WITH THE DEFENDANT'S SISTER, WHO ALSO WOULD NOT ALLOW ME PERMISSION TO SEARCH THE RESIDENCE. I INFORMED THE DEFENDANT THAT SHE NEEDED TO GET A HOLD OF JOHN AND HAVE HIM RESPOND TO OUR LOCATION. THE DEFENDANT WAS ABLE TO GET A HOLD OF HIM AND INITIALLY HE STATED THAT HE WOULD COME OUT AND SPEAK WITH US. A SHORT TIME LATER, HE CALLED BACK AND ADVISED THAT HE WOULD NOT COME OUT. JOHN STATED WHILE HE WAS ON SPEAKER TELEPHONE THAT HE FOUND THE CELLULAR TELEPHONE ON THE GROUND AND HANDED IT TO THE DEFENDANT WHO WAS THERE WITH HIM. THE DEFENDANT THEN ADVISED DEPUTY VIGGIANO THAT THERE WAS NO SUCH PERSON AS CHRIS THERE THAT GAVE JOHN THE CELLULAR TELEPHONE. THE DEFENDANT ALSO STATES THAT SHE WAS NOT THERE WITH JOHN WHEN HE FOUND THE CELLULAR TELEPHONE, SHE STILL STICKS TO HER STORY THAT SHE BOUGHT THE CELLULAR TELEPHONE. I THEN ADVISED THE DEFENDANT TO COME WITH ME TO MY PATROL VEHICLE. THE DEFENDANT WAS PLACED IN HANDCUFFS, BEHIND HER BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE. I READ THE DEFENDANT MIRANDA WARNINGS VIA A PREPRINTED CARD, TO WHICH SHE DID STATE THAT SHE WOULD SPEAK WITH ME. I ASKED THE DEFENDANT IF SHE KNEW THE CELLULAR TELEPHONE WAS STOLEN, TO WHICH SHE STATED THAT SHE KNEW SOMETHING WAS UP WITH THE CELLULAR TELEPHONE, ESPECIALLY WHEN THERE WERE ALREADY NUMBERS PROGRAMMED INTO THE PHONE AND IT WAS ALREADY ACTIVATED AND ALSO WHEN THE CELLULAR TELEPHONE SENT ITSELF A MESSAGE STATING THAT IT WAS TRACKED. I INFORMED THE DEFENDANT THAT AT THIS TIME SHE WAS BEING PLACED UNDER ARREST FOR DEALING IN STOLEN PROPERTY. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE UPON ARRIVAL, SHE WAS BOOKED AND PROCESSED. THE DEFENDANT'S BOND WAS SET AT $5,000.00, PER THE BOND SCHEDULE. WHILE AT THE CITRUS COUNTY DETENTION FACILITY, I FOUND OUT THAT THERE WERE TWO OTHER BURGLARIES IN THE AREA OF CRYSTAL RIVER WITH THE SAME MO. I WAS ABLE TO SPEAK WITH THE DEFENDANT AGAIN AND ASKED HER A BOUT THESE BURGLARIES. SHE STATED THAT AT THIS TIME SHE DOES NOT HAVE ANY CLUE OR INFORMATION ABOUT THOSE BURGLARIES AND HER ONLY INVOLVEMENT IN THIS WAS THAT SHE PURCHASED THE STOLEN CELLULAR TELEPHONE AND WAS VERY APOLOGETIC. THE VICTIM RESPONDED TO the CITRUS COUNTY DETENTION FACILITY AND THE CELLULAR TELEPHONE WAS RETURNED TO HER POSSESSION. "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* |