| Probable cause affidavit: |
SUBMITTED BY: REID, JUSTIN 0706 (AR16-18388) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: THE RESIDENCE, LOCATED AT 9279 NORTH CITRUS SPRINGS BOULEVARD, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF THE VICTIM, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: PETIT THEFT, IN VIOLATION OF FLORIDA STATUTE 810.02(3)(B); AND DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO WIT: A ROLL OF TOILET PAPER, SAID PROPERTY BEING OF A VALUE OF $0.35, 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 SAID PROPERTY TO HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATE STATUTES 812.014(1) and 812.014(3)(a). ON 022516 AT APPROXIMATELY 1212 HOURS, I WAS DISPATCHED TO 9279 NORTH CITRUS SPRINGS BOULEVARD, CITRUS SPRINGS, IN REFERENCE TO A BURGLARY IN PROGRESS. PRIOR TO MY ARRIVAL, I WAS ADVISED BY DISPATCH THAT THE COMPLAINANT/WITNESS, MS TERRI LOPEZ, OBSERVED A WHITE MALE WITH DARK HAIR, WEARING A BLACK AND WHITE COLORED STRIPE JACKET, AND CARRYING A BLUE IN COLOR BACKPACK, JUST ENTER A VACANT RESIDENCE DIRECTLY ACROSS THE STREET FROM HERS. UPON MY ARRIVAL, I MADE CONTACT WITH THE WITNESS, WHO WAS STANDING IN HER DRIVEWAY NEAR CITRUS SPRINGS BOULEVARD. SHE STATED THAT THE DEFENDANT, LATER IDENTIFIED AS MR MICHAEL ANDRIUOLO, JUST WALKED WESTBOUND ON NORTH CITRUS SPRINGS BOULEVARD, AND THAT HE WAS STILL WEARING A BLACK AND WHITE STRIPED JACKET AND CARRYING A BLUE IN COLOR BACKPACK. SHE STATED SHE WAS NOT SURE IF THE DEFENDANT CONTINUED WESTBOUND OR WENT NORTH ON A SIDE ROAD, DUE TO THE FACT THAT SHE LOST SIGHT OF HIM WHEN HE CRESTED THE HILL. I THEN CONTINUED WESTBOUND ON NORTH CITRUS BOULEVARD TOWARD ELKCAM AND DID NOT OBSERVE ANY SUBJECTS MATCHING THE DESCRIPTION SHE PROVIDED. I THEN TURNED NORTH ON NORTH ELKCAM BOULEVARD AND THEN MADE A QUICK RIGHT ON WEST CORTEZ PLACE. AT THAT POINT, I IMMEDIATELY OBSERVED THE DEFENDANT WALKING WESTBOUND ON WEST CORTEZ PLACE. I THEN UNHOLSTERED MY AGENCY ISSUED HANDGUN AND HELD IT AT A LOW READY POSITION AND ORDERED THE DEFENDANT TO SHOW ME HIS HANDS, AT WHICH TIME, HE COMPLIED. I THEN ORDERED THE DEFENDANT TO TURN AROUND AND PLACE HIS HANDS BEHIND HIS BACK AND ADVISED HIM THAT HE WAS BEING DETAINED AND WAS NOT UNDER ARREST, AT WHICH TIME, HE COMPLIED. THE DEFENDANT THEN ASKED WHAT HE DID AND I THEN EXPLAINED TO HIM THAT HE MATCHED THE EXACT DESCRIPTION OF A SUSPECT INVOLVED IN A BURGLARY THAT JUST occurred. THE DEFENDANT THEN STATED THAT HE DID NOT COMMIT A BURGLARY. AFTER THE DEFENDANT WAS PLACED IN HANDCUFFS BEHIND HIS BACK, I REMOVED THE DEFENDANT'S BLUE IN COLOR BACKPACK THAT HE WAS WEARING ON HIS BACK AND PLACED IT ON THE HOOD OF MY PATROL VEHICLE. I ALSO OBSERVED THAT THE DEFENDANT WAS STILL WEARING THE BLACK AND WHITE STRIPED JACKET THAT WAS DESCRIBED BY THE WITNESS. AT THAT POINT, I READ THE DEFENDANT HIS MIRANDA RIGHTS FROM A PREPRINTED AGENCY MIRANDA CARD. AFTER THE DEFENDANT WAS READ HIS RIGHTS, THE DEFENDANT STATED THAT HE HAD HEARD THE RIGHTS BEFORE AND THAT HE DID UNDERSTAND HIS RIGHTS AND AGREED TO ANSWER ANY QUESTIONS THAT I MAY HAVE. I EXPLAINED ONCE AGAIN MY REASON FOR DETAINING HIM AND ASKED HIM IF HE WENT INTO THE RESIDENCE LOCATED AT 9279 NORTH CITRUS SPRINGS BOULEVARD. THE DEFENDANT STATED YES, HE DID GO INTO THE RESIDENCE. I THEN ASKED WHAT HE WENT INTO THE RESIDENCE FOR, AND HE STATED THAT HE NEEDED TO BLOW HIS NOSE SO HE WENT IN TO GET SOME TOILET TISSUE. I DID FIND A ROLL OF TOILET PAPER IN THE DEFENDANT'S BACKPACK THAT HE STATED HE TOOK FROM THE RESIDENCE. AT THAT POINT, I ASKED THE DEFENDANT HOW HE GAINED ENTRY INTO THE RESIDENCE. THE DEFENDANT STATED HE WAS WALKING WESTBOUND ON NORTH CITRUS SPRINGS BOULEVARD, ON THE SOUTH SIDE OF THE ROAD, WHICH WAS THE SAME SIDE THE BURGLARIZED RESIDENCE WAS ON. HE STATED HE WAS WALKING BY THE RESIDENCE AND THAT WAS WHEN HE NOTICED THAT IT WAS VACANT SO HE APPROACHED THE RESIDENCE AND LOOKED IN ALL THE WINDOWS. HE STATED WHENEVER A VEHICLE WOULD PASS BY, HE WOULD HIDE BEHIND A TREE, LOCATED ON THE FRONT/WEST SIDE OF THE RESIDENCE IN THE FRONT YARD. HE SAID HE THEN NOTICED THAT THE FRONT DOOR HAD AN UNSECURED KEY PADLOCK THAT HELD THE KEYS TO THE RESIDENCE. HE SAID HE SIMPLY TOOK ONE OF THE KEYS AND UNLOCKED THE FRONT DOOR AND ENTERED THE RESIDENCE. HE STATED THAT HE WAS IN THE RESIDENCE FOR APPROXIMATELY 15 MINUTES AND LEFT WITH THE ROLL OF TOILET PAPER. I THEN ASKED THE DEFENDANT WHY HE WAS WALKING ON THE BACK ROADS, WHERE NO OTHER RESIDENCES WERE LOCATED. HE STATED THAT HE WAS GOING TO HANG OUT UNTIL IT GOT DARK SO NO ONE WOULD SEE HIM. I THEN ASKED THE DEFENDANT IF HE KNEW THAT HE WAS NOT SUPPOSED TO BE IN THE RESIDENCE, AND HE STATED THAT HE KNEW AND THAT HE MADE A BAD MISTAKE. AFTER BEING ASKED, THE DEFENDANT STATED THE HE HAD NEVER BEEN TO THAT RESIDENCE IN THE PAST, NOR HAD HE EVER BEEN INVITED INTO THE RESIDENCE. CONTACT WAS THEN MADE ONCE AGAIN WITH THE WITNESS, WHO STATED THAT SHE OBSERVED THE DEFENDANT WALKING UP CITRUS SPRINGS BOULEVARD, AND THEN UP TO THE RESIDENCE. SHE SAID THE DEFENDANT THEN WALKED UP to the FRONT DOOR AND THEN WALKED AROUND TO THE BACK OF THE RESIDENCE AND TO THE FRONT ONCE AGAIN. SHE STATED THAT SHE OBSERVED THE DEFENDANT HIDE BEHIND A TREE WHENEVER VEHICLES WOULD PASS BY. SHE STATED ONCE THE VEHICLES WERE GONE, THE DEFENDANT WENT TO THE FRONT DOOR AND WENT INSIDE THE RESIDENCE AND EXITED SHORTLY AFTER. SHE SAID SHE OBSERVED THE DEFENDANT WALK WESTBOUND ON CITRUS SPRINGS BOULEVARD AND THAT WAS WHEN THIS DEPUTY ARRIVED ON SCENE AND MADE CONTACT WITH HER. I THEN MADE CONTACT WITH THE PROPERTY MANAGER, MR JARROD WALTON, WHO WAS IN CHARGE OF 9279 NORTH CITRUS SPRINGS BOULEVARD, VIA TELEPHONE. I ADVISED MR WALTON OF THIS CASE AND HE STATED THAT HE WOULD BE WILLING TO PRESS CHARGES ON THE DEFENDANT AND WOULD FOLLOW UP OR DO WHATEVER IT TOOK TO CLOSE THIS CASE. I PROVIDED MR WALTON WITH MY INFORMATION TO INCLUDE MY NAME, IDENTIFICATION, AND CASE NUMBER AND ADVISED HIM TO THAT SOMEONE FROM THE SHERIFF'S OFFICE WOULD BE MAKING CONTACT WITH HIM AT A LATER DATE AND TIME IN REFERENCE TO THIS CASE. DETECTIVE RODRIGUEZ (0301) ARRIVED ON SCENE AND CONDUCTED AN INVESTIGATION WITH THE DEFENDANT; SEE HIS SUPPLEMENT FOR FURTHER. I THEN RESPONDED TO THE INCIDENT LOCATION AND OBSERVED THE KEY LOCK BOX, LOCATED ON THE FRONT DOOR, TO BE OPEN AND THE HOUSE KEY THAT WAS USED TO STILL BE IN the FRONT DOORKNOB WHERE THE DEFENDANT STATED HE LEFT IT. NO DAMAGE WAS OBSERVED TO THE RESIDENCE THAT SHOWED ANY SIGNS OF FORCED ENTRY, WHICH CORROBORATED WITH THE DEFENDANT AND WITNESS' STATEMENTS. THE DEFENDANT WAS THEN PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK , AND PLACED IN THE REAR OF MY PATROL VEHICLE WHERE HE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. HIS BOND WAS SET AT $10,500.00 PER THE BOND SCHEDULE. THE TOILET PAPER THAT WAS TAKEN FROM THE RESIDENCE AND FOUND IN THE DEFENDANT'S BACKPACK WAS COLLECTED AND LATER TURNED IN TO EVIDENCE. THE DEFENDANT HAD TWO SMALL FOLDING POCKET KNIVES IN HIS BACKPACK THAT WERE ALSO COLLECTED AND TURNED IN TO EVIDENCE FOR SAFE KEEPING. THE WITNESS FILLED OUT AND SIGNED A SWORN WRITTEN STATEMENT, WHICH WAS LATER TURNED IN TO RECORDS. I TOOK SEVERAL PHOTOGRAPHS OF THE SCENE; SEE MY CRIME SCENE TECHNICIAN'S (CST) REPORT FOR FURTHER. |
