| Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN 0684 (AR11120329) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: THE RESIDENCE, LOCATED AT 4087 SOUTH ALABAMA AVENUE, HOMOSASSA, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF MS MARIA DEGRAFF, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: GRAND THEFT, IN VIOLATION OF FLORIDA STATUTE 810.02(1) AND 810.02(4); DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: A SILVER I POD TOUCH WITH THE CASE AND HEADPHONES, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN TWENTY THOUSAND DOLLARS ($20,000.00), 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 STATUTES 812.014. ON 041811, I RESPONDED TO 4107 SOUTH ALABAMA AVENUE, AS BACKUP FOR DETECTIVE FARKAS WHO WAS ATTEMPTING TO MAKE CONTACT WITH SUBJECT NICHOLAS PLESCHER. UPON ARRIVAL, DETECTIVE FARKAS ADVISED THAT HE HAD PROBABLE CAUSE TO PLACE MR PLESCHER UNDER ARREST REGARDING ANOTHER CASE (11040565). WE THEN KNOCKED ON THE FRONT DOOR AND WERE GREETED BY MR PLESCHER. DETECTIVE FARKAS THEN EXPLAINED TO MR PLESCHER THAT HE WAS BEING PLACED UNDER ARREST FOR BURGLARY AND GRAND THEFT. AT THAT TIME, I ASSISTED DEPUTY PERUCHE IN PLACING MR PLESCHER IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK. MR PLESCHER WAS STANDING AT THE FRONT DOOR OF HIS APARTMENT WEARING A T-SHIRT, SHORTS, AND A PAIR OF SOCKS. DETECTIVE FARKAS ASKED MR PLESCHER IF HE WISHED TO PUT ON A PAIR OF SHOES AND HE STATED THAT HE DID. WE THEN ADVISED MR PLESCHER THAT WE WOULD ALLOW HIM TO PUT HIS SHOES ON. AT THAT TIME, WE OPENED THE FRONT DOOR AND FOLLOWED MR PLESCHER INTO HIS APARTMENT AND INTO HIS BEDROOM WITHOUT OBJECTION. WHILE MR PLESCHER WAS IN THE LIVING ROOM OF THE RESIDENCE, I OBSERVED A SILVER IPOD TOUCH IN A WHITE CASE ON THE COFFEE TABLE. I NOTICED THAT THE IPOD MATCHED THE DESCRIPTION OF ONE TAKEN IN A RECENT VEHICLE BURGLARY. I LOOKED AT THE IPOD FOR CLOSER EXAMINATION TO DETERMINE IF THE PROPERTY WAS STOLEN. I OBSERVED THE "APPLE ID" TO SHOW THE REGISTERED OWNER'S E-MAIL ADDRESS AS [email protected] . DUE TO THE FACT THAT THIS E-MAIL ADDRESS DID NOT APPEAR CONSISTENT WITH MR PLESCHER NOT BEING AN ITALIAN FEMALE, I DID NOT BELIEVE THAT THE IPOD BELONGED TO HIM. THE DEFENDANT MADE A SPONTANEOUS STATEMENT THAT HE DID NOT STEAL THE IPOD, BUT IT MAY HAVE BEEN STOLEN. I COMPLETED A PROPERTY RECEIPT FOR THE IPOD AND HAD MR PLESCHER SIGN THAT I WAS TAKING CUSTODY OF THE IPOD FOR INVESTIGATIVE PURPOSES. A SEARCH OF SOCIAL NETWORKING WEBSITES REVEALED THAT THERE WAS A FACEBOOK ACCOUNT REGISTERED TO [email protected] AND IT SHOWED HER NAME AS MARIA DEGRAFF. I MADE CONTACT WITH THE VICTIM BY TELEPHONE AND ASKED HER IF SHE HAD ANY PROPERTY OF HERS THAT HAD BEEN STOLEN RECENTLY. SHE ADVISED THAT APPROXIMATELY TWO WEEKS AGO SHE NOTICED HER IPOD WAS MISSING AND IT WAS LAST SEEN INSIDE THE BATHROOM OF HER RESIDENCE. SHE ADVISED SHE DID NOT MAKE A REPORT BECAUSE SHE DID NOT KNOW WHO STOLE IT. SHE ALSO ADVISED SHE DID NOT SELL IT OR GIVE ANYONE PERMISSION TO HAVE POSSESSION OF IT. SHE ADVISED THERE WAS A SOFT CASE ON THE IPOD ALONG WITH A SET OF BLACK EARBUD STYLE HEADPHONES WHEN IT WAS TAKEN. THE VICTIM POSITIVELY IDENTIFIED THE IPOD BY DESCRIPTION OF HER "APPLE ID" E-MAIL ADDRESS. SHE WAS ALSO ABLE TO NAME SPECIFIC SONGS ON THE IPOD THAT SHE HAD DOWNLOADED. I THEN HAD THE VICTIM SIGN THE PROPERTY RECEIPT AND TURNED CUSTODY OF THE IPOD OVER TO HER. THE VICTIM ADVISED SHE DID WISH TO PURSUE CHARGES ON THIS CASE. DUE TO THE FACT THAT THE DEFENDANT WAS DEPRIVING THE VICTIM OF HER PROPERTY AND WAS IN POSSESSION OF THE VICTIM'S PROPERTY, WHICH HAD BEEN TAKEN FROM INSIDE THE VICTIM'S RESIDENCE, THE DEFENDANT WAS CHARGED WITH GRAND THEFT AND BURGLARY, AND HIS BOND WAS SET AT $7,000.00 PER THE BOND SCHEDULE. THE VICTIM COMPLETED A SWORN WRITTEN STATEMENT WHICH WAS TURNED IN TO RECORDS ALONG WITH A PROPERTY RECEIPT. "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 YOU ARE HEARING OR VOICE IMPAIRED, CALL 711.” *NOT-EXEMPT* |
