| Probable cause affidavit: |
SUBMITTED BY: CASOLA, JOSEPH 0314 (AR11118623) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: RESIDENCE , LOCATED AT 73 S FILLMORE STREET, BEVERLY HILLS, 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: BURGLARY TO A RESIDENCE, IN VIOLATION OF FLORIDA'S' STATUTE 810.02(3)(B). ON 123110 AT APPROXIMATELY 2320 HOURS, I RESPONDED TO AN UNKNOWN NUMERICAL ON SOUTH FILLMORE STREET IN BEVERLY HILLS. THIS LOCATION WAS DIRECTLY BEHIND THE COMPLAINANT'S ADDRESS OF 46 ROOSEVELT BOULEVARD IN BEVERLY HILLS. UPON ARRIVAL, I OBSERVED A WHITE MALE WITH BLUE JEANS AND A RED WINDBREAKER IN FRONT OF A WINDOW TO A RESIDENCE. THE WINDOW WAS OPENED APPROXIMATELY 10"-12". THE WINDOW SCREEN WAS FORCIBLY PRIED AND DAMAGED. THE SUBJECT THEN MOVED TO ANOTHER WINDOW DIRECTLY TO THE NORTH OF THE FIRST WINDOW AND ATTEMPTED TO PRY ON THAT WINDOW. I THEN USED MY VEHICLE SPOTLIGHT TO ILLUMINATE HIM. I DREW MY SERVICE WEAPON, ORDERED HIM TO STOP AND SHOW ME HIS HANDS. AS I APPROACHED THE SUBJECT WITH MY WEAPON DRAWN, THE SUBJECT CAME WALKING TOWARDS ME AT A FAST PACE. THE SUBJECT WAS TOLD TO STOP AND SHOW ME HIS HANDS, AT WHICH TIME HE REFUSED TO STOP. I COULD THEN SEE THAT THE SUBJECT DID NOT HAVE ANYTHING IN HIS HANDS. I IMMEDIATELY HOLSTERED MY WEAPON AND TOOK THE SUBJECT TO THE GROUND USING A LEG SWEEP. THE SUBJECT FELL BACKWARDS ONTO THE GROUND AND I IMMEDIATELY PLACED THE SUBJECT IN HANDCUFFS. I ALSO OBSERVED THE SUBJECT WAS INTOXICATED AND DID NOT HAVE ANY SHOES ON. I PLACED THE SUBJECT IN THE REAR SEAT OF MY PATROL VEHICLE AND UPON ARRIVAL OF BACK-UP; I LOCATED THE SUBJECT'S SHOES BY THE FORCED OPEN WINDOW. I ALSO OBSERVED THE SUBJECT'S LIGHTER AND SOME CHANGE ALSO BY THE FORCED OPEN WINDOW. THE SUBJECT WAS READ MIRANDA VIA AGENCY ISSUED CARD TO WHICH HE ADVISED THAT HE UNDERSTOOD AND WISHED TO SPEAK WITH ME. HE THEN ADVISED ME THAT THIS WAS HIS RESIDENCE THAT HE WAS ATTEMPTING TO BREAK IN TO AND HE LIVED AT 73 SOUTH LINCOLN. AT THAT TIME NO FURTHER QUESTIONS WERE ASKED OF THE DEFENDANT. THE RESIDENCE WAS SEARCHED AND FOUND TO BE UNOCCUPIED AND VACANT. THE DEFENDANT WAS PLACED UNDER ARREST FOR BURGLARY. HE AGAIN STATED WITHOUT BEING ASKED THAT HE ALWAYS BREAKS INTO HIS RESIDENCE IN THIS MANNER. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $5,000.00, PER THE BOND SCHEDULE. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
