Probable cause affidavit: |
SUBMITTED BY: LOVULLO, SARAH 0723 (AR13-4024) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WAL-MART, TO WIT: AN âRCA 4 GIG MP3â PLAYER, 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 STATUTE 812.015. ON 010513 AT APPROXIMATELY 1415 HOURS, I WAS DISPATCHED TO WAL-MART SUPER CENTER LOCATED AT 2461 EAST GULF TO LAKE HIGHWAY, INVERNESS, IN REFERENCE TO A SHOP LIFTER IN CUSTODY. UPON MY ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT/LOSS PREVENTION MANAGER, MR JOE COMPOSTELLA, HE ADVISED THAT HE HAD OBSERVED AN UNKNOWN WHITE MALE LATER IDENTIFIED AS THE DEFENDANT, MR SEAN MICHAEL CALACI, TO BE ACTING SUSPICIOUS AROUND THE ELECTRONICS DEPARTMENT. THE COMPLAINANT FURTHER ADVISED THAT HE THEN OBSERVED THE DEFENDANT RIP OFF A SECURITY LOCK PEG, WHICH CONTAINED MP3 PLAYERS AND THE DEFENDANT THEN SELECTED ONE MP3 PLAYER VALUED AT 34.88. THE COMPLAINANT THEN OBSERVED THE DEFENDANT WALK OVER TO THE HARDWARE DEPARTMENT WITH THE MP3 PLAYER AND PLACE THE MP3 PLAYER IN HIS PANTS POCKET. THE COMPLAINANT STATED HE THEN OBSERVED THE DEFENDANT WALK TO THE EXIT OF THE STORE AND EXIT PASSING ALL FINAL POINTS OF SALE WITHOUT PAYING FOR THE MP3 PLAYER. THE COMPLAINANT THEN STOPPED THE DEFENDANT OUTSIDE IN FRONT OF THE STORE, IDENTIFIED HIMSELF AS THE LOSS PREVENTION MANAGER AND ESCORTED THE DEFENDANT TO THE LOSS PREVENTION OFFICE. THE COMPLAINANT ADVISED THAT WHILE THEY WERE IN THE LOSS PREVENTION OFFICE THE DEFENDANT THEN TOOK THE MP3 PLAYER OUT OF HIS FRONT PANTS POCKET AND HANDED IT OVER TO HIM. THE COMPLAINANT THEN CONTACTED CITRUS COUNTY SHERIFF'S OFFICE TO RESPOND. THE COMPLAINANT THEN HANDED ME A COMPLETED SWORN WRITTEN STATEMENT FORM WHICH HE HAD SIGNED AND WAS LATER TURNED OVER TO CITRUS COUNTY SHERIFF'S OFFICE RECORDS. HE FURTHER ADVISED THAT THE VIDEO SURVEILLANCE VIDEO WAS CURRENTLY NOT AVAILABLE AND THAT HE WOULD CONTACT THE CITRUS COUNTY SHERIFF'S OFFICE WHEN IT WAS READY TO BE COLLECTED. I THEN MADE CONTACT WITH THE DEFENDANT, INTRODUCED MYSELF AND READ HIM MIRANDA WARNING PER PRE-PRINTED AGENCY CARD. I ASKED HIM IF HE UNDERSTOOD HIS RIGHTS AND IF HE WISHED TO SPEAK WITH ME AT THAT TIME. THE DEFENDANT ADVISED HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH ME. THE DEFENDANT ADVISED THAT HE WAS CURRENTLY UNEMPLOYED AND NEEDED GAS MONEY TO GO VISIT HIS ILL MOTHER WHO IS IN THE HOSPITAL. HE FURTHER STATED THAT HE TOOK THE MP3 PLAYER AND WAS GOING TO RETURN IT TO OBTAIN A WAL-MART CARD. HE FURTHER ADVISED THAT HE HAS TAKEN THINGS BEFORE FROM WAL-MART AND RETURNED THEM AND OBTAINED A WAL-MART CARDS AND HAD NEVER GOTTEN CAUGHT UNTIL TODAY. THE DEFENDANT WAS PROVIDED WITH A SWORN WRITTEN STATEMENT FORM THAT HE COMPLETED AND SIGNED, WHICH WAS LATER TURNED OVER TO CITRUS COUNTY SHERIFF'S OFFICE RECORDS. I ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR RETAIL PETIT THEFT. HE WAS THEN HANDCUFFED BEHIND HIS BACK (DOUBLE LOCKED) AND PLACED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. |