| Probable cause affidavit: |
SUBMITTED BY: GATER, DAVID 0263 (AR08101755) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WAL-MART , TO WIT: THREE COMPACT DISCS (TOTAL VALUE OF $46.26), CARRYING AWAY THE SAID MERCHANDISE, WITH INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM, A MERCHANT, OF THE POSSESSION, USE, BENEFIT, OR FULL RETAIL VALUE OF SAID PROPERTY, SAID PROPERTY BEING OF A VALUE OF LESS THAN $300.00, IN VIOLATION OF FLORIDA STATE STATUTES 812.015, 812.014(1), AND 812.014(3)(A). ON 021608 AT APPROXIMATELY 1515 HOURS, I RESPONDED TO THE WAL-MART SUPERCENTER LOCATED AT 2461 EAST GULF TO LAKE HIGHWAY IN REFERENCE TO A PETIT RETAIL THEFT. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT, WHO WAS A WAL-MART LOSS PREVENTION ASSOCIATE. THE COMPLAINANT STATED ON 021608, WHILE WALKING THE FLOOR HE OBSERVED THE DEFENDANT IN THE ELECTRONICS DEPARTMENT LOOKING AND PICKING UP COMPACT DISC. THE COMPLAINANT STATED HE THEN FOLLOWED THE DEFENDANT, MR PORFIRIO LOPEZ-SANCHEZ, IN TO SPORTING GOODS AND WHILE THE DEFENDANT WAS IN SPORTING GOODS, THE COMPLAINANT OBSERVED THE DEFENDANT OPEN THE COMPACT DISC CASES AND PLACE THE COMPACT DISCS IN HIS BACK LEFT POCKET. THE COMPLAINANT STATED HE THEN FOLLOWED THE DEFENDANT, WHO THEN PROCEEDED TO THE GENERAL MERCHANDISE EXIT. THE COMPLAINANT ADVISED ONCE THE EXITED THE FACILITY, HE THEN APPROACHED THE DEFENDANT AND IDENTIFIED HIMSELF AND ASKED THE DEFENDANT TO FOLLOW HIM TO THE LOSS PREVENTION OFFICE. I THEN MADE CONTACT WITH THE DEFENDANT, AN APPROXIMATELY 23 YEAR OLD HISPANIC MALE WHO SPOKE VERY LITTLE ENGLISH. I ATTEMPTED TO INTERVIEW THE DEFENDANT, HOWEVER, HE COULD NOT UNDERSTAND OR ANSWER ANY OF MY QUESTIONS. THE DEFENDANT PROVIDED THIS DEPUTY WITH A MEXICO IDENTIFICATION CARD FOR IDENTIFICATION. I THEN HAD THE COMPLAINANT COMPLETE A SWORN WRITTEN STATEMENT. WHILE THE COMPLAINANT COMPLETED THE SWORN WRITTEN STATEMENT, I COMPLETED A PROPERTY RECEIPT FOR THREE COMPACT DISCS, WHICH EQUALED A TOTAL VALUE OF $46.26, THAT WERE REMOVED FROM THE DEFENDANT'S PERSON. I THEN SIGNED THE COMPACT DISCS BACK OVER TO THE COMPLAINANT, WHO PROVIDED THIS DEPUTY WITH A WAL-MART RECEIPT LISTING THE VALUES OF THE THREE COMPACT DISCS. THE DEFENDANT WAS ARRESTED, HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, THE DEFENDANT WAS BOOKED AND PROCESSED WITH HIS BOND SET AT $250.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ADVISED HE WAS BEING TRESPASSED FROM WAL-MART BY THE LOSS PREVENTION OFFICE AND IF HE RETURNED HE WOULD BE ARRESTED. *NOT-EXEMPT* |
