Probable cause affidavit: |
SUBMITTED BY: ROSS, JAMAL 1339 (17-25530) (AR17-22955) (0203) THE DEFENDANT WAS ISSUED A NOTICE TO APPEAR, CITATION NUMBER 15933, FOR PETIT THEFT, WITH A MANDATORY COURT DATE OF 032317 AT 1300 HOURS. ON 030917 AT APPROXIMATELY 1559 HOURS, I WAS DISPATCHED TO A TELEPHONE CALL AT 3891 NORTH HOLIDAY DRIVE, IN REFERENCE TO FOLLOW-UP INFORMATION, IN REFERENCE TO A PAST THEFT. I THEN MADE CONTACT WITH THE VICTIM, MR JUSTIN ROSATO, WHO STATED HE MAY HAVE A SUSPECT TO HIS CASE. THE VICTIM FURTHER EXPLAINED THAT HIS GIRLFRIEND, MS CRYSTAL ALWIN, TOLD HIM THAT THERE WAS A SUSPICIOUS MALE, LATER IDENTIFIED AS THE SUSPECT, MR TERRY SAUNDERS, WHO CAME TO THEIR RESIDENCE WHILE HE WAS AT WORK ON 030817 BETWEEN THE HOURS OF 1200 AND 1300. MS ALWIN STATED THAT THE SUSPECT BACKED HIS VEHICLE INTO THEIR DRIVEWAY UNDERNEATH THEIR OPEN GARAGE AND HAD KNOCKED ON THEIR DOOR. MS ALWIN THEN ANSWERED THE DOOR WHERE THE SUSPECT SUSPICIOUSLY ASKED HER IF THEIR RESIDENCE WAS FOR SALE. AFTER SHE TOLD HIM NO, HE THEN GOT INTO HIS VEHICLE AND LEFT THE RESIDENCE. HOWEVER, MS ALWIN WAS ABLE TO WRITE DOWN THE LICENSE PLATE TO HIS VEHICLE, FLORIDA LICENSE PLATE 5455HF, ATTACHED TO A BROWN IN COLOR FORD PICKUP TRUCK. MS ALWIN STATED THAT SHE THOUGHT IT WAS ODD THAT HE WOULD ASK IF THEIR RESIDENCE WAS FOR SALE BECAUSE THEY DID NOT HAVE A FOR SALE SIGN IN THEIR FRONT YARD. MS ALWIN ALSO BELIEVED THAT THE SUSPECT WAS ATTEMPTING TO STEAL MORE ITEMS OFF THEIR PROPERTY DUE TO IT APPEARING THAT NO ONE WAS AT THE RESIDENCE BECAUSE THERE WERE NO VEHICLES THERE. THE VICTIM THEN STATED THAT AFTER THAT INCIDENT, HE OBSERVED THE SUSPECT AT A GAS STATION DRIVING THE VEHICLE DESCRIBED BY MS ALWIN. HE STATED HE FOLLOWED THE SUSPECT BACK TO HIS RESIDENCE WHERE HE WROTE DOWN THE ADDRESS. THE VICTIM STATED LATER THROUGHOUT THAT DAY HE AND MS ALWIN CONDUCTED RESEARCH ON THE INTERNET, WHERE THEY WERE ABLE TO IDENTIFY THE SUSPECT USING THAT ADDRESS. THE VICTIM STATED THAT HE WOULD LIKE ME TO GO TO THE SUSPECT'S RESIDENCE IN AN ATTEMPT TO LOCATE HIS STOLEN FISHING POLES. I THEN REVIEWED DEPUTY LAKATISâ (0585) REPORT AND READ THAT THERE WERE FOUR FISHING POLES STOLEN FROM THE VICTIM. THE POLES WERE DESCRIBED AS TEN ROD AND REEL COMBINATIONS, DAIWA ROD AND REEL COMBINATIONS, AN UGLY STIK ROD AND REEL COMBINATION AND A TSUNAMI ROD AND REEL COMBINATION. I ALSO READ THAT A MAJORITY OF THE STOLEN FISHING RODS HAD A BLACK AND GOLD REEL ATTACHED TO THEM AND THE APPROXIMATE TOTAL VALUE OF THE RODS WAS $150.00. I THEN RESPONDED TO THE SUSPECT'S RESIDENCE LOCATED AT 7910 WEST GUM STREET AND CONDUCTED A KNOCK-AND-TALK AT THE RESIDENCE. I THEN MADE CONTACT WITH THE SUSPECT AND HIS WIFE, MS DIANE SAUNDERS. I EXPLAINED TO THEM THAT THERE WAS SUSPICIOUS ACTIVITY SUCH AS THEFT AND 9-1-1 HANG-UPS IN THE AREA. I ASKED FOR PERMISSION TO WALK AROUND THEIR RESIDENCE, TO WHICH THEY CONSENTED. AFTER WALKING THE EXTERIOR OF THE RESIDENCE, I WAS NOT ABLE TO LOCATE THE STOLEN FISHING RODS. I WAS THEN GREETED BY THE SUSPECT IN HIS DRIVEWAY, WHERE WE CONTINUED TO HAVE A CAUSAL CONVERSATION. I NOTICED THAT THE SUSPECT HAD AN OPEN SHED IN THE FRONT OF HIS RESIDENCE. I ASKED HIM IF IT WOULD BE OKAY FOR ME TO LOOK THROUGH HIS SHED, TO WHICH HE CONSENTED AND REMAINED WITH ME WHILE I DID SO. UPON ENTERING THE SUSPECT'S SHED, WE BEGAN DISCUSSING MULTIPLE ITEMS THAT HE STORED IN THE SHED AND THAT WAS WHEN I NOTICED THAT THERE WERE FOUR FISHING RODS LEANING AGAINST THE BACK WALL. I THEN ASKED THE SUSPECT WHEN HE OBTAINED THE SAID FISHING RODS AND HE STATED HE HAD THE RODS FOR YEARS AND HE USED TO USE THEM TO FISH WITH HIS GRANDCHILDREN. I ASKED THE SUSPECT FOR PERMISSION TO FURTHER INSPECT THE FISHING RODS, TO WHICH HE CONSENTED. UPON FURTHER INSPECTION OF THE FISHING RODS, I NOTICED THAT THEY WERE MANUFACTURED BY TEN, DAIWA, UGLY STIK AND TSUNAMI. I ALSO NOTICED THAT TWO OF THE RODS HAD A BLACK AND GOLD REEL AND THE OTHER TWO HAD ALL BLACK REELS. I THEN REQUESTED DEPUTY AMATO (1393) TO RESPOND TO MY LOCATION FOR ASSISTANCE. I THEN CONTACTED THE VICTIM TO HAVE HIM EN ROUTE TO IDENTIFY THE PROPERTY. I MADE CONTACT WITH THE SUSPECT AGAIN AND READ HIM HIS MIRANDA VIA A PREPRINTED AGENCY ISSUED CARD, TO WHICH HE WAIVED HIS RIGHTS AND WISHED TO SPEAK WITH ME. I INFORMED THE SUSPECT THAT I WAS ASSIGNED TO INVESTIGATE A PAST THEFT OF FISHING POLES THAT OCCURRED IN HIS AREA AND THAT I RECEIVED INFORMATION THAT HE WAS A POSSIBLE SUSPECT. I INFORMED THE SUSPECT THAT THE FOUR FISHING POLES THAT I LOCATED INSIDE OF HIS SHED MATCHED THE EXACT DESCRIPTION OF THE STOLEN FISHING POLES IN MY CASE. I ASKED THE SUSPECT TO EXPLAIN TO ME WHERE EXACTLY HE OBTAINED THE FISHING RODS. THE SUSPECT THEN CHANGED HIS STORY AND STATED HE HAD FOUND THEM APPROXIMATELY TWO WEEKS AGO IN THE AREA OF âPOWER LINEâ. HE STATED THEY WERE SCATTERED IN THE AREA SO HE RECOVERED THEM AND BROUGHT THEM HOME. I QUESTIONED THE SUSPECTâS RESPONSE AND ASKED HIM HOW HIS STORY CHANGED FROM HAVING THE FISHING POLES FOR YEARS TO FINDING THEM TWO WEEKS AGO AND HE RESPONDED THAT HE DID NOT KNOW. THE SUSPECT FILLED OUT A SWORN WRITTEN STATEMENT STATING HE HAD FOUND THE FISHING POLES ON âPOWER LINEâ. AT THAT TIME, THE SUSPECT'S WIFE WISHED TO SPEAK WITH THE SUSPECT, TO WHICH I ALLOWED. WHILE MS SAUNDERS WAS SPEAKING TO THE SUSPECT ABOUT THE INCIDENT, HE SPONTANEOUSLY UTTERED, âI STOLE THEMâ. I THEN REQUESTED MS SAUNDERS TO ALLOW ME TO SPEAK TO THE SUSPECT SEPARATELY. WHEN I ASKED THE SUSPECT WHAT HE MEANT BY HE STOLE THEM, THE SUSPECT THEN REPEATED, âI STOLE THEMâ. I ASKED THE SUSPECT WHEN AND WHERE DID HE STEAL THE FISHING POLES AND HE STATED HE FOUND THEM ON THE POWER LINES. I PHOTOGRAPHED THE SCENE; SEE CRIME SCENE TECHNICIANâS REPORT. THE VICTIM THEN RESPONDED TO THE SCENE WHERE HE CONFIRMED THAT THE FOUR FISHING RODS THAT I LOCATED WERE HIS. THE SAID FISHING RODS WERE RETURNED TO THE VICTIM. A PROPERTY RECEIPT WAS FILLED OUT AND TURNED IN TO RECORDS BY DEPUTY AMATO. I THEN ASKED THE SUSPECT WHAT HIS REASONING WAS FOR GOING TO THE VICTIMâS RESIDENCE ON 030817 AND HE RESPONDED THAT HE JUST WANTED TO FIND OUT IF THEIR RESIDENCE WAS FOR SALE. AT THAT TIME THE DEFENDANT WAS ISSUED A NOTICE TO APPEAR (NTA), CITATION NUMBER 15933, WITH A MANDATORY COURT DATE OF 032317 AT 1300 HOURS. NO FURTHER ACTION TAKEN BY THIS DEPUTY. |