| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR11120606) did knowingly, willfully and feloniously be in the actual or constructive possession of a controlled substance, to-wit: ALPRAZOLAM IN VIOLATION OF FLORIDA STATUTE 893.13(6)(A)(4) AND MORPHINE, in violation of Florida Statutes 893.13(6)(A)(2). DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, MS TINA DUCAS, TO WIT: PRESCRIPTION MEDICATION, SAID PROPERTY BEING OF A VALUE OF $65.00 WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM OF A RIGHT TO THE PROPERTY OR A BENEFIT THEREOF, OR DID APPROPRIATE THE SAID PROPERTY TO HER OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATE STATUTE and 812.014(3)(a). ON 050411, I WAS DISPATCHED TO 3384 EAST GULF TO LAKE HIGHWAY IN REFERENCE TO A REPORTED THEFT OF MEDICATION. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM IN THE PARKING LOT OF "WHAT A GIRL WANTS". THE VICTIM ADVISED THAT SHE HAD GOTTEN HER HAIR CUT AND WHILE THE HAIRDRESSER WAS CUTTING HER HAIR A MS HARTLEY HAD BENT DOWN TO WHERE THE VICTIM'S PURSE WAS LOCATED STATING THAT SHE HAD DROPPED A RAZOR. THE VICTIM HEARD WHAT SOUNDED LIKE PILL BOTTLES, BUT DID NOT CONNECT THE TWO UNTIL SHE HAD LOOKED IN HER PURSE AND NOTICED THAT HER MEDICATION BAG WAS MISSING, WHICH WAS AFTER SHE HAD LEFT THE BUSINESS. THE VICTIM ADVISED THAT SHE HAD CALLED AND TALKED TO THE OWNER OF "WHAT A GIRL WANTS" AND HAD SPOKEN WITH MS MARY DUBOIS. THEY ADVISED MS DUCAS THAT THEY WOULD LOOK FOR THE YELLOW BAG OF PRESCRIPTIONS. THE VICTIM HAD WAITED FOR ME IN THE PARKING LOT OF THE BUSINESS AND HAD NOT RE-ENTERED THE STORE. I THEN MADE CONTACT WITH THE STORE OWNER MS DUBOIS. SHE ADVISED THAT SHE HAD RECEIVED A TELEPHONE CALL AND DID ASK IF ANYONE HAD SEEN THE YELLOW BAG OF MEDICATION AND SINCE THERE WAS ONLY ONE OTHER PERSON AND ONE CLIENT, THEY ALL STATED THAT THEY HAD NOT SEEN THE BAG. HOWEVER, MS DUBOIS HAD OBSERVED THE SUSPECT/DEFENDANT, MS TONYA HARTLEY, GO IN TO THE RESTROOM ACTING EXTREMELY NERVOUS. AFTER MS HARTLEY HAD LEFT THE RESTROOM, MS DUBOIS STATED THAT SHE HAD GONE INSIDE THE RESTROOM AND OBSERVED A YELLOW BAG AT THE BOTTOM OF THE GARBAGE CAN. SHE ADVISED THAT THE SUSPECT HAD ALSO TAKEN A BAG OF GARBAGE OUT EARLIER, WHICH HAD SEEMED ODD, BECAUSE THE BAG HAD NOT BEEN FULL. I THEN MADE CONTACT WITH MS TONYA HARTLEY (DEFENDANT) . SHE ADVISED THAT SHE HAD BEEN WORKING AT THIS BUSINESS FOR ONE DAY AND HAD NOT SEEN ANYTHING OF THE YELLOW BAG. I ASKED HER ABOUT THE DROPPING OF A RAZOR AND SHE STATED THAT SHE HAD NOT USED A RAZOR AND HAD NOT PICKED ANYTHING UP FROM THE FLOOR. I ADVISED HER THE VICTIM HAD OBSERVED HER GO DOWN TO THE FLOOR WHERE HER PURSE HAD BEEN LOCATED AND THAT SHE ADVISED THE VICTIM THAT SHE WAS PICKING UP A RAZOR. AT THIS POINT, MS HARTLEY STATED THAT IT HAD HAPPENED, I THEN PROCEEDED IN TO THE RESTROOM WHERE I LOCATED A YELLOW FABRIC BAG IN THE BOTTOM OF THE GARBAGE CAN. I RETRIEVED THE BAG AND CONFRONTED THE DEFENDANT. I ALSO ADVISED THE DEFENDANT THAT SHE WAS NOT UNDER ARREST AND I HAD NOT LOOKED IN THE YELLOW BAG YET. I EXPLAINED TO HER THAT I WOULD BE FINGERPRINTING THE YELLOW BAG, GARBAGE CAN AND THE PILL BOTTLES AND ASKED HER IF THERE WOULD BE ANY REASON THAT HER FINGERPRINTS WOULD BE ON THE PILL BOTTLES. AT THIS POINT, I ASKED HER WHY SHE HAD TAKEN THE PILLS AND SHE ADVISED ME THAT SHE HAD A DRUG PROBLEM. SHE ADVISED THAT SHE HAD GONE IN TO THE VICTIM'S PURSE WHILE CUTTING THE VICTIM'S HAIR, BECAUSE THE VICTIM ADVISED SHE HAD TO CARRY HER MEDICATION WITH HER. THE DEFENDANT FURTHER ADVISED THAT SHE HAD BEEN ARRESTED FOR PRIOR DRUGS CHARGES IN TEXAS. I THEN ADVISED THE DEFENDANT THAT SHE WAS BEING PLACED UNDER ARREST. I THEN OPENED THE BAG TO CONFIRM THAT THE MEDICATIONS WERE INSIDE. I WAS NOT ABLE TO LOCATE THE 69 MORPHINE PILLS, BUT ALL OTHER PILLS WERE ACCOUNTED FOR. THE DEFENDANT STATED THAT SHE HAD BEEN IN THE MEDICATION BOTTLES, BUT DENIED TAKING THE MORPHINE TABLETS. AFTER THE DEFENDANT WAS PLACED UNDER ARREST, I SEARCHED HER AND HER PURSE. I THEN PLACED THE DEFENDANT'S JEWELRY IN HER PURSE, WHERE I LOCATED A PRESCRIPTION THAT TO BELONGED TO A PAT SHELDON CONTAINING 14 ALPRAZOLAM. SHE ADVISED THAT A FRIEND HAD GIVEN THIS TO HER. I ADVISED THE DEFENDANT OF HER MIRANDA WARNING AND SHE ADVISED THAT SHE DID NOT WISH TO SPEAK TO ME ANY FURTHER AND ASKED FOR AN ATTORNEY. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) FOR BOOKING AND PROCESSING. THE DEFENDANT'S TOTAL BOND WAS SET AT $1,500 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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
