| Probable cause affidavit: |
SUBMITTED BY: STRICKLAND, DALE 0276 (AR13-4831) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: A DELL LAPTOP COMPUTER, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), 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 STATUTE, 812.014(2)(C)(1). did unlawfully traffic in or endeavor to traffic in property that THE DEFENDANT knew or should have known was stolen, to-wit: A DELL LAPTOP COMPUTER, the property of THE VICTIM, in violation of Florida Statute, 812.019(1). ON 020713, AT 1757 HOURS, THE CITRUS COUNTY SHERIFFâS OFFICE TOOK A VEHICLE BURGLARY REPORT AT 3800 SOUTH LECANTO HIGHWAY, IN LECANTO FLORIDA, 34461. DURING THAT REPORT, IT WAS REPORTED BY THE VICTIM TO DEPUTY CHRIS HOLLOWAY (0696) THAT WHILE SHE WAS AT THE CENTRAL FLORIDA COLLEGE LOCATED AT THE ABOVE LISTED ADDRESS, HER DELL LAPTOP COMPUTER WAS REMOVED FROM HER VEHICLE. THE VICTIM STATED HER VEHICLE WAS LOCATED IN FRONT OF THE COLLEGE IN ONE OF THE HANDICAPPED PARKING SPACES. SHE ALSO ADVISED THAT SHE ARRIVED THERE AT 1400 HOURS, WENT TO CLASS, AND RETURNED TO HER VEHICLE FROM CLASS AROUND 1630 HOURS. SHE THEN UNLOCKED THE VEHICLE AND REALIZED SHE HAD FORGOTTEN HER JUMP DRIVE IN HER CLASSROOM. AT THAT TIME, THE VICTIM RETURNED TO THE CLASSROOM AND RETRIEVED THE JUMP DRIVE, AT WHICH TIME SHE BELIEVES HER DELL LAPTOP COMPUTER WAS REMOVED FROM HER VEHICLE. THE VICTIM THEN PROCEEDED TO HER FATHERâS RESIDENCE LOCATED AT 928 STETSON STREET IN INVERNESS, AND UPON ARRIVAL, SHE REALIZED THAT HER LAPTOP COMPUTER WAS MISSING. THE VICTIM PROVIDED DEPUTY HOLLOWAY WITH THE SERIAL AND SERVICE CODE NUMBERS FOR THE COMPUTER, AND ALSO ADVISED THAT LO-JACK HAD BEEN INSTALLED IN THE COMPUTER. THE LO-JACK COMPANY WAS THEN CONTACTED AND ADVISED THE COMPUTER HAD BEEN STOLEN. ON 030813, MR MICHAEL MARQUEZ, THE LAW ENFORCEMENT LIAISON WITH COMPUTRACE, CONTACTED THIS DETECTIVE AND ADVISED THAT HE HAD A LOCATION FOR THE VICTIMâS COMPUTER. HE THEN PROVIDED ME WITH THE ADDRESS OF 4664 NORTH TALLAHASSEE ROAD IN CRYSTAL RIVER, AND THE NAME OF MR MIKEL LISTON/DEFENDANT. MR MARQUEZ STATED THAT THE DEFENDANT HAD LOGGED ONTO THE COMPUTER SEVERAL TIMES, AND HE COULD ALSO TELL THAT THE DEFENDANT HAD LOGGED ONTO FACE BOOK. MR MARQUEZ EMAILED THIS DETECTIVE THE INFORMATION PACKET THAT HE HAD RETRIEVED FROM THE COMPUTER DURING HIS INVESTIGATION. IT SHOULD BE NOTED IN THIS REPORT, IN A LAPTOP CONFIGURATION LOG, IT INDICATES THE DEFENDANT LOGGED ONTO THE COMPUTER ON 021313, AT APPROXIMATELY 1557 HOURS. ON 031313, THIS DETECTIVE, ALONG WITH DETECTIVE RUBY, (0562) ARRIVED AT THE DEFENDANTâS RESIDENCE, WHO ANSWERED THE DOOR. I THEN ADVISED THE DEFENDANT OF MY NAME, POSITION, AND INTRODUCED DETECTIVE RUBY. I INFORMED THE DEFENDANT THAT I WAS THERE TO CONDUCT AN INVESTIGATION IN REFERENCE TO A VEHICLE BURGLARY THAT OCCURRED AT THE COLLEGE IN LECANTO. THE SUSPECT IMMEDIATELY STATED HE HAD NOT BROKEN IN TO ANY VEHICLE. I THEN STATED TO HIM, âYES, BUT YOU HAVE PROPERTY WHICH CAME FROM THE VEHICLEâ. THE DEFENDANT THEN ASKED WHAT THE PROPERTY WAS, WHERE I ADVISED HIM IT WAS A DELL LAPTOP COMPUTER. HE THEN STATED, âI DONâT HAVE ANY COMPUTERâ. AT THAT TIME I ADVISED THE DEFENDANT THAT LO-JACK HAD BEEN INSTALLED ON THE MISSING COMPUTER. I THEN ADVISED HIM THAT I HAD PROOF THAT THE COMPUTER WAS AT HIS RESIDENCE, AND THAT HE HAD LOGGED ONTO FACE BOOK ON IT WITHIN A FEW DAYS. THE DEFENDANT STATED THAT HE DID NOT TAKE THE COMPUTER, BUT HE HAD IT. AT THAT TIME, THE DEFENDANT OPENED HIS FRONT DOOR, WALKED IN TO HIS RESIDENCE AND RETRIEVED THE COMPUTER FROM A CABINET LOCATED APPROXIMATELY 12 FEET FROM THE FRONT DOOR. HE THEN HANDED THE COMPUTER TO ME. I ASKED THE DEFENDANT HOW HE HAD OBTAINED THE COMPUTER, WHERE HE ADVISED THAT HE HAD PURCHASED THE COMPUTER WHILE AT A FRIENDâS HOUSE PARTY FOR $100.00. I ASKED HIM WHAT THE NAME OF THE INDIVIDUAL WAS THAT HE HAD PURCHASED THE COMPUTER FROM. THE DEFENDANT THEN STATED, âI DONâT KNOW HIS NAME, I JUST THOUGHT IT WAS A REALLY GOOD DEAL FOR THE COMPUTERâ. I HANDED THE DEFENDANT A SWORN STATEMENT FORM TO DETAIL THE LOCATION OF THE RESIDENCE HE GOT THE LAPTOP FROM, ALONG WITH THE INDIVIDUALâS NAME HE GOT IF FROM. AT THAT TIME, THE DEFENDANT BEGAN TO COMPLETE THE FORM, THEN CONTACTED HIS MOTHER ON THE TELEPHONE AND WALKED IN TO ANOTHER ROOM. MYSELF AND DEPUTY RUBY STOOD BY THE DOORWAY OF THE ROOM THE DEFENDANT WAS SPEAKING TO HIS MOTHER IN, WHERE THE DEFENDANT STATED TO HIS MOTHER, âI CANâT TALK TO YOU ABOUT IT RIGHT NOW, BECAUSE THEY (REFERRING TO MYSELF AND DETECTIVE RUBY) ARE âALL OVER THE TOP OF MEâ. THE DEFENDANT CONTINUED TO ATTEMPT TO BE ELUSIVE, AND AT THAT TIME, IT WAS DETERMINED THAT THE DEFENDANT SHOULD BE PLACED UNDER ARREST. DETECTIVE RUBY READ THE DEFENDANT HIS MIRANDA RIGHTS FROM A PRE-PRINTED MIRANDA CARD. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE BACK OF DEPUTY SEFFERNâS (0623) PATROL VEHICLE FOR TRANSPORT THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, HIS BOND WAS SET AT $10,000.00 FOR DEALING IN STOLEN PROPERTY, AND $2,000.00 FOR GRAND THEFT PER THE BOND SCHEDULE. |
