| Probable cause affidavit: |
SUBMITTED BY: LAHERA, ANDRES 0673 (AR11124085) DID OBTAIN CONTROLLED SUBSTANCE BY FRAUD OR DECEPTION, IN VIOLATION OF FLORIDA STATE STATUTE, 893.13(7)(A)9. ON 122311 I WAS DISPATCHED TO THE WALGREENS PHARMACY LOCATED AT 795 W NORVELL BRYANT HIGHWAY IN HERNANDO, IN REFERENCE TO MAKING CONTACT WITH THE PHARMACIST, MR JOHN ATCHINSON. UPON MAKING CONTACT WITH MR ATCHINSON, HE ADVISED THAT A SUSPECT BY THE NAME OF MS TERRY LINCOLN, (DEFENDANT) HAD DROPPED OFF A PRESCRIPTION FOR OXYCODONE. HE STATED THAT THE PRESCRIPTION APPEARED TO HAVE BEEN ALTERED, WHERE ON THE BOTTOM RIGHT HAND CORNER OF THE PRESCRIPTION THERE APPEARED TO BE A CIGARETTE OR OTHER BURN MARK. HE FURTHER ADVISED THAT THE DATE ON THE PRESCRIPTION SHOWING WHEN IT COULD BE FILLED HAD BEEN CHANGED FROM 122811 TO 122311. THE PHARMACIST THEN ADVISED THAT HE MADE CONTACT WITH THE DOCTOR WHO FILLED THE PRESCRIPTION. THE DOCTOR THEN ADVISED HIM THAT THE PRESCRIPTION COULD NOT BE FILLED UNTIL 122811, AND IF IT INDICATED A FILL DATE OF 122311, IT HAD BEEN ALTERED. THE PHARMACIST THEN SHOWED ME THE PRESCRIPTION WHERE IT WAS CLEARLY VISIBLE THAT THE BOTTOM RIGHT HAND CORNER OF THE PRESCRIPTION HAD A SOIL MARK ON IT AND THE NUMBER "8" IN THE "28" HAD BEEN REMARKED TO SHOW THE NUMBER "3" IN THE "23". WHILE IN MY PATROL VEHICLE GATHERING THE SUSPECT'S INFORMATION AND PULLING THE CASE NUMBER, I BEGAN TO WALK BACK IN TO THE PHARMACY TO HAVE THE PHARMACIST MAKE CONTACT WITH THE SUSPECT. UPON ENTERING THE STORE, I WITNESSED THE SUSPECT TO BE SITTING IN THE PASSENGER SEAT OF A WHITE CHEVY TWO DOOR. I THEN ASKED HER IF SHE WAS TERRY LINCOLN, AT WHICH TIME SHE ADVISED, YES. I ASKED HER IF SHE WOULD STEP OUT OF THE VEHICLE SO I COULD SPEAK WITH HER, AT WHICH TIME SHE EXITED THE CAR AND STATED, "NO PROBLEM". I THEN ADVISED HER OF HER MIRANDA RIGHTS VIA AGENCY ISSUED CARD. I ASKED HER WITH HER RIGHTS IN MIND WOULD SHE ANSWER A few QUESTIONS FOR ME, WHERE SHE STATED, "YES, WHAT'S THIS ABOUT?" I THEN ADVISED THAT I WAS INVESTIGATING A FORGERY ON A PRESCRIPTION, WHERE SHE THEN STATED SHE DID NOT CHANGE THE PRESCRIPTION. I THEN QUESTIONED HER AS TO WHY DID THE PRESCRIPTION HAD A BURN MARK N THE RIGHT LOWER HAND CORNER. SHE THEN MADE THE STATEMENT THAT ALL OF HER PRESCRIPTIONS GOT BURNT INSIDE OF HER PURSE FROM SMOKING A CIGARETTE. I THEN QUESTIONED WHY THE NUMBER "8" WAS ALTERED TO A NUMBER "3" ON THE PRESCRIPTION, WHERE SHE STATED, "I DO NOT KNOW", AND ADVISED THAT SHE KNEW THE PRESCRIPTION COULD NOT BE PICKED UP UNTIL 122811. I THEN QUESTIONED WHY SHE WAS WAITING IN FRONT OF THE WALGREEN'S STORE, WHERE SHE REPLIED SHE WAS SIMPLY GOING WITH A FRIEND TO KEEP HER COMPANY, AND THAT SHE AND THE FRIEND WERE PURCHASING BIRTHDAY PRESENTS FOR HER FRIEND'S DAUGHTER. I THEN QUESTIONED HER AS TO WHY SHE HAD ADVISED THE PHARMACY THAT SHE WOULD BE THERE TO PICK UP HER PRESCRIPTION THIS MORNING. SHE REPLIED, "I KNEW I COULD NOT PICK UP MY PRESCRIPTION UNTIL122811". I THEN ADVISED HER THAT I HAD SPOKEN TO JOHN THE PHARMACIST, WHO CLEARLY STATED THE SUSPECT INSISTED THAT SHE WOULD PICK THE PRESCRIPTION UP THIS MORNING. I THEN SPOKE TO WITNESS ONE, MS ANGELINA WASSINK, (WITNESS) AND QUESTIONED HER separateLY FROM THE SUSPECT. I ASKED WHAT SHE AND THE SUSPECT WERE DOING AT THE WALGREEN'S STORE, WHERE SHE ADVISED THAT SHE WAS BUYING GIFTS FOR HER DAUGHTER'S BIRTHDAY. SHE ADVISED THAT THE SUSPECT LIVES DOWN THE STREET FROM HER, AND THE SUSPECT HAD ASKED FOR A RIDE TO THE BANK AND TO DROP OFF HER SON'S PRESCRIPTION IN INVERNESS. SHE ADVISED THAT THE SUSPECT ONLY ACCOMPANIED HER TO WALGREEN'S BECAUSE THEY WERE LOOKING FOR TOYS FOR HER DAUGHTER. I THEN ASKED THE WITNESS WHEN HER DAUGHTER'S BIRTHDAY WAS, WHERE SHE ADVISED ME IT WAS ON 122099. I THEN QUESTIONED WHY SHE WAS BUYING PRESENTS THREE DAYS AFTER THE BIRTHDAY HAD OCCURRED, WHERE SHE STATED THAT SHE HAD NOT RECEIVED HER CHECK FOR CHILD SUPPORT. SHE WAS THEN ASKED IF SHE HAD EVER BEEN IN TROUBLE BEFORE AND REPLIED, YES, SHE HAD TRIED TO SMUGGLE OXYCODONE PILLS IN TO HER HUSBAND WHO IS INCARCERATED. SERGEANT AMSLER THEN ARRIVED ON SCENE WHERE HE INTRODUCED HIMSELF THE SUSPECT, MS TERRY LINCOLN. SHE WAS THEN ADVISED BY SERGEANT AMSLER THAT HE WANTED THE TRUTH FROM HER, WHERE HE THEN RE-READ THE SUSPECT HER MIRANDA WARNINGS VIA HIS AGENCY ISSUED CARD. THE SUSPECT WAS QUESTIONED AND ADMITTED TO ALTERING the DATE ON THE PRESCRIPTION. THE SUSPECT ADVISED MY SERGEANT IN MY PRESENCE THAT SHE WAS GOING TO MASSACHUSETTS ON VACATION AND WAS ATTEMPTING TO GET THE PRESCRIPTION FILLED EARLIER SO SHE COULD TAKE IT WITH HER. I HAD THE SUSPECT COMPLETE A SWORN WRITTEN STATEMENT WHERE SHE WROTE THAT SHE DID ALTER HER PRESCRIPTION. THE STATEMENT WAS SIGNED IN FONT OF ME AS A SWORN WRITTEN STATEMENT. I COLLECTED A STATEMENT FROM THE COMPLAINANT, MR JOHN ATCHINSON (WALGREEN'S PHARMACIST) AND COLLECTED BOTH HIS AND THE SUSPECT'S STATEMENTS WHICH WERE LATER SUBMITTED TO RECORDS. BOTH PRESCRIPTIONS WERE COLLECTED AS EVIDENCE AND LATER SUBMITTED TO THE EVIDENCE DIVISION. THE DEFENDANT, MS TERRY LINCOLN, WAS THEN HANDCUFFED BEHIND HER BACK WITH TWO HANDCUFFS (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING FREE OF INCIDENT. UPON ARRIVAL AT THE DETENTION FACILITY THE DEFENDANT WAS TURNED OVER TO DETENTION STAFF, WHERE HER BOND WAS SET AT $2,000.00 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 *NOT-EXEMPT* |
