Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (16-63067) (AR16-19402) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: .4 GRAMS METH LOCATED IN A SMALL CLOUDY PIECE OF PAPER ROLLED UP INTO A BALL INSIDE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO WIT: 2 MAN INFLATABLE RAFT SEAHAWK II VALUED AT $44.94, CARRYING AWAY THE SAID MERCHANDISE, WITH INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE, 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 050916 AT APPROXIMATELY 1436 HOURS, I WAS DISPATCH TO THE WAL-MART LOCATED AT 1936 NORTH LECANTO HIGHWAY, IN LECANTO, IN REFERENCE TO A RETAIL THEFT WHERE THE DEFENDANT WAS BEING DETAINED. UPON ARRIVAL, I MADE CONTACT WITH LOSS PREVENTION OFFICER/COMPLAINANT, MR PATRICK HENRY, WHO HAD PROVIDED ME WITH A SWORN WRITTEN STATEMENT THAT the DEFENDANT WHO IS AN EMPLOYEE WITH WAL-MART AND HAD BEEN HIRED ON 042116 AS A SALES ASSOCIATE, MR RUBEN GONZALEZ, HAD PLACED A $.97 STICKER ON A BOX THAT WAS A TWO MAN INFLATABLE RAFT SEAHAWK II VALUED AT $44.94. THE DEFENDANT ATTEMPTED TO CHECK OUT IN THE SELF CHECKOUT LINE, RECEIVING A RECEIPT AND THEN ATTEMPTED TO LEAVE THE STORE. MR HENRY AND OTHER ASSOCIATES THEN ATTEMPTED TO STOP THE DEFENDANT TO QUESTION HIM ABOUT THE SALE. the DEFENDANT WAS ESCORTED TO THE LOSS PREVENTION OFFICE AND QUESTIONED FURTHER BY LOSS PREVENTION. the DEFENDANT ADMITTED TO REMOVING A STICKER FROM A CUP THAT WAS ON ONE OF THE AISLES AND PLACING IT ON THE TWO MAN INFLATABLE RAFT SEAHAWK II BOX KNOWING THAT HE WAS ATTEMPTING TO GET THE RAFT FOR $.97 INSTEAD OF THE FULL PRICE. I RECEIVED A SWORN WRITTEN STATEMENT FROM MR HENRY, VIDEO FOOTAGE OF THE THEFT, THE DEFENDANT'S IDENTIFICATION AND BLACK WALLET. WHILE CHECKING THE CONTENTS INSIDE THE DEFENDANT'S WALLET, I LOCATED A SMALL CLOUDY PIECE OF PAPER WITH A WHITE SUBSTANCE ROLLED UP INTO A BALL. THE SUBSTANCE WAS FIELD TESTED WITH AN AGENCY ISSUED TEST KIT WHICH YIELDED POSITIVE TO BE METHAMPHETAMINE AND WEIGHED AT .4 GRAMS. THE DRUGS WILL BE TURNED IN TO EVIDENCE AT EMERGENCY OPERATIONS CENTER. THE RECEIPT, SWORN WRITTEN STATEMENT and CD WILL BE TURNED IN TO RECORDS. THEN READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD. THE DEFENDANT STATED THE SUBSTANCE WAS COCAINE AND HE HAD PURCHASED IT IN ORLANDO FROM AN UNKNOWN PERSON. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $2,000.00 FOR POSSESSION OF A CONTROLLED SUBSTANCE AND $500.00 FOR RETAIL THEFT FOR A TOTAL BOND OF $2,500.00, PER THE BOND SCHEDULE. |