| Probable cause affidavit: |
SUBMITTED By: FERGUSON, ADAM 0505 (AR08105621) DID UNLAWFULLY AND KNOWINGLY OBTAIN MONEY, GOODS OR SERVICES, TO-WIT: A SAMSUNG 40 INCH LCD FLAT SCREEN TELEVISION, OF A VALUE OF ONE HUNDRED DOLLARS ($100.00) OR MORE BY FRAUDULENT USE OF A CREDIT CARD TO-WIT: VISA, ISSUED TO THE VICTIM, WITHOUT THE CONSENT OF SAID CARDHOLDER, WITH THE INTENT TO DEFRAUD THE SAID CARDHOLDER, THE ISSUER, VISA, OR A PERSON OR ORGANIZATION PROVIDING THE SAID MONEY, GOODS OR SERVICES, IN VIOLATION OF FLORIDA STATUTES 817.61; DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY FERGUSON, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 100708, I RESPONDED TO 1801 NORTHWEST HIGHWAY 19, IN CRYSTAL RIVER, TO THE SEARS DEPARTMENT STORE, IN REFERENCE TO POSSIBLE FRAUD IN PROGRESS. UPON ENTERING the SEARS DEPARTMENT STORE, I OBSERVED A WHITE MALE LATER IDENTIFIED AS THE DEFENDANT, MR LUIS DELGADO, WALK PAST ME EXITING THE STORE. JUST AS THIS occurred, THE LOSS PREVENTION OFFICER ADVISED THAT THE DEFENDANT HAD JUST EXITED THE STORE AND HE WAS ABLE TO POINT THE DEFENDANT OUT TO ME. I THEN EXITED the STORE, IDENTIFIED MYSELF AS A DEPUTY AND ADVISED THE DEFENDANT TO STOP, THAT HE NEEDED TO BE QUESTIONED, AT WHICH TIME HE BEGAN RUNNING NORTHWEST THROUGH THE PARKING LOT. THE LOSS PREVENTION OFFICER AND I BEGAN TO FOLLOW THE DEFENDANT THROUGH THE SEARS PARKING LOT AND INTO THE KMART PARKING LOT. AS A PASSER BY OBSERVED WHAT WAS GOING ON HE PULLED HIS VEHICLE OVER and PROVIDED this DEPUTY WITH A RIDE TO WHERE THE DEFENDANT HAD RAN INTO THE WOODS. AS I EXITED the WITNESSES VEHICLE, I DREW MY TASAR, ACTIVATED THE LIGHT and POINTED IT AT THE DEFENDANT AND ORDERED HIM TO STOP. AT THIS TIME THE DEFENDANT STOPPED and WAS HANDCUFFED. THE DEFENDANT WAS THEN ESCORTED BACK TO MY VEHICLE AND SECURED IN THE REAR SEAT. I THEN MADE CONTACT WITH the CASHIER, WHO ADVISED THAT THE DEFENDANT HAD ENTERED the ELECTRONICS DEPARTMENT OF THE STORE and ASKED TO SEE TELEVISIONS IN the 40 TO 46 INCH RANGE. AS SHE SHOWED THE SUBJECT SEVERAL TELEVISIONS, HE PICKED OUT ONE that WAS ON SALE FOR $1,399.99, AND ASKED IF IT WAS IN STOCK. SHE FURTHER ADVISED THAT AS SHE BEGAN TO RING THE ITEM UP THE DEFENDANT PROVIDED HER WITH A CREDIT CARD. the FIRST CREDIT CARD HE PROVIDED WAS DECLINED, AT which TIME HE PROVIDED her WITH A SECOND CREDIT CARD. DUE TO THE CREDIT CARD NOT BEING SIGNED, SHE ASKED FOR THE DEFENDANT'S DRIVER'S LICENSE AT WHICH TIME HE PROVIDED her WITH A LICENSE INDICATING his NAME WAS, MR JOHANNY ILLANUEVE WITH A DATE OF BIRTH OF 082578, AND AN ADDRESS OF 111 LOCUST STREET, HARRISBURG, PENNSYLVANIA 17101. she ADVISED THAT AT THIS TIME SHE BELIEVED THE CREDIT CARD TO BE FAKE, DUE TO HER HAVING ONE FRAUDULENT CREDIT CARD USED APPROXIMATELY TWO MONTHS AGO WITH A SUBJECT PROVIDING THE SAME ADDRESS CITY AND STATE. SHE THEN PROVIDED THE DEFENDANT WITH the RECEIPT and ASKED HIM TO WAIT WHILE THE TELEVISION WAS RETRIEVED FROM the BACK ROOM. WHILE THIS WAS HAPPENING THE LOSS PREVENTION OFFICER WAS NOTIFIED AND THIS AGENCY WAS CONTACTED. WHILE I WAS EN ROUTE, CONTACT WAS MADE WITH the CREDIT CARD COMPANY, WHO ADVISED THAT THE CREDIT CARD WAS VALID; HOWEVER, the NAME ON the CREDIT CARD WAS NOT VALID AND THAT THE CARD WAS A CLONED CREDIT CARD, AND NOT TO PROCEED WITH THE TRANSACTION. the CASHIER AND LOSS PREVENTION OFFICER PROVIDED A SWORN WRITTEN STATEMENT STATING WHAT THEY OBSERVED WHICH WILL BE TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE RECORDS DEPARTMENT. I THEN MADE CONTACT with the DEFENDANT, WHO WAS READ HIS MIRANDA WARNING VIA CARD and ADVISED HE UNDERSTOOD HIS RIGHTS. THE DEFENDANT FURTHER STATED THAT HE HAD BEEN READ his MIRANDA WARNINGS IN THE PAST, AND THAT HE WOULD SPEAK WITH ME. THE DEFENDANT ADVISED THAT HE WAS RIDING THROUGH TOWN WITH A FRIEND AND PULLED OVER ON THE SIDE OF THE ROAD NEAR A GAS STATION WHERE HE LOCATED THE CREDIT CARD. HE STATED HE THEN RESPONDED TO SEARS IN ATTEMPT TO PURCHASE THE TELEVISION USING THE CARD. HE FURTHER STATED THAT PRIOR TO MY ARRIVAL, HE HAD PUT THE IDENTIFICATION CARD AND CREDIT CARDS BACK INTO his FRIEND'S VEHICLE, WHICH WAS A SMALL RED PICK UP WITH A HANDICAP PLACARD IN THE WINDOW; HOWEVER HE WOULD NOT PROVIDE HIS FRIEND'S NAME. THE DEFENDANT WAS THEN TRANSPORTED to the CITRUS COUNTY DETENTION FACILITY and CHARGED WITH ONE COUNT OF FRAUDULENT USE OF CREDIT CARD and OBSTRUCTION WITHOUT VIOLENCE. THE DEFENDANT'S BOND WAS SET AT $2,500.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
