| Probable cause affidavit: |
SUBMITTED BY: RODRIGUEZ, MARCIAL 0301 (AR10114737) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: 710 NORTH SONIA AVENUE, LOCATED AT IN INVERNESS, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF VICTIM, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: THEFT OF A PAIR OF SCISSORS, IN VIOLATION OF FLORIDA STATUTE 810.02(3)(B). ON 050910 AT APPROXIMATELY 1421 HOURS, I ARRIVED AT 710 NORTH SONIA AVENUE, IN INVERNESS, IN REFERENCE TO A BURGLARY THAT HAD JUST OCCURRED WHERE THE VICTIM HAD CHASED THE DEFENDANT INTO THE WOODS AND HAD THE DEFENDANT DETAINED. UPON MY ARRIVAL I MADE CONTACT WITH WITNESS ONE AND WITNESS TWO AND THE DEFENDANT. THE DEFENDANT WAS SITTING ON THE GROUND ON THE NORTH SIDE OF PAULA LANE AND STANDING NEXT TO THE DEFENDANT WAS THE VICTIM AND THE TWO WITNESSES. THERE WAS ALSO A SCREWDRIVER ON THE SIDE OF THE ROAD, IN THE GRASS. THE VICTIM STATED THAT THE DEFENDANT DROPPED THE SCREWDRIVER IN THE WOODS. WITNESS ONE AND TWO STATED THE DEFENDANT HAD THE SCREWDRIVER IN HIS HAND WHILE HE WAS RUNNING THROUGH THE WOODS. THE DEFENDANT THEN DROPPED THE SCREWDRIVER AFTER BEING TOLD TO BY THE WITNESSES. THE WITNESSES MOVED THE SCREWDRIVER TO THE SIDE OF THE ROAD AWAITING MY ARRIVAL. THE VICTIM STATED HE SAW THE DEFENDANT RUNNING OUT OF THE SCREEN PORCH OF HIS RESIDENCE AROUND HIS POOL NORTHBOUND THROUGH THE VICTIM'S YARD AT WHICH TIME HE JUMPED THE FENCE ON THE NORTH PORTION OF THE PROPERTY. THE VICTIM STATED HE WAS ABLE TO FOLLOW THE DEFENDANT AND WITH HELP FROM HIS NEIGHBORS, CAUGHT AND DETAINED THE DEFENDANT. I THEN ASKED THE DEFENDANT WHAT HAPPENED AND HE STATED HE WAS LOOKING FOR HIS DOG. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) IN BACK, AND READ MIRANDA RIGHTS, HE WAS THEN PLACED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT REQUESTED SEVERAL TIMES TO TELL ME WHAT HAPPENED. HE STATED HE WAS LOOKING FOR HIS LOST DOG AND THAT HIS GIRLFRIEND WAS DRIVING AROUND IN A RED VEHICLE HELPING HIM LOOK FOR THE DOG. I ASKED THE DEFENDANT WHY HE WAS IN THE SCREEN PORCH AND HE STATED HE HAD TO KNOCK ON THE DOOR. I THEN SPOKE WITH VICTIM ONE WHO STATED HE AND VICTIM TWO RETURNED HOME AT APPROXIMATELY 1410 HOURS, AFTER BEING GONE FROM HIS RESIDENCE SINCE 0800 HOURS. VICTIM ONE STATED HE PULLED HIS VEHICLE IN FRONT OF HIS RESIDENCE WHEN HIS WIFE, VICTIM TWO, TOLD HIM SOMEONE WAS BREAKING INTO THE HOUSE. HE STATED WHEN HE LOOKED HE WITNESSED THE DEFENDANT RUN FROM THE SCREEN PORCH THROUGH THE NORTH SIDE DOOR, AROUND THE BACK SIDE OF THE POOL AND CONTINUE NORTH PAST THE RV PORT, JUMPING THE FENCE TO PAULA LANE. THE VICTIM STATED HE GAVE CHASE IN HIS VEHICLE BLOWING THE HORN AND AS HE EXITED THE VEHICLE, YELLED "BURGLARY SUSPECT" TO HIS NEIGHBORS WHO ASSISTED IN CUTTING THE DEFENDANT OFF FROM RUNNING THROUGH THE WOODS. VICTIM ONE STATED HE CONTACTED LAW ENFORCEMENT IMMEDIATELY AFTER SEEING THE DEFENDANT. I THEN SPOKE WITH VICTIM TWO WHO CORROBORATED VICTIM ONE'S STATEMENT. VICTIM TWO ALSO STATED THE DEFENDANT HAD A SCREWDRIVER TAKEN FROM HIM BY ONE OF THE WITNESSES THAT ASSISTED. VICTIM TWO ALSO NOTICED THAT AFTER THE DEFENDANT JUMPED THE NORTH FENCE OF HER PROPERTY, THERE WAS A WHITE SOCK AND A PAIR OF "WISS" SCISSORS LYING IN THE ROADWAY. WITNESS TWO IDENTIFIED THE SCISSORS AS BEING HERS AND THAT THEY HAD COME FROM THE SCREEN PORCH AREA OF HER RESIDENCE WHERE THE DEFENDANT WAS FLEEING FROM. BOTH VICTIMS ONE AND TWO STATED THAT THE RESIDENCE WAS SECURED. THE REAR SCREEN ROOM WAS UNLOCKED AND THE NORTH SIDE DOOR WAS PROPPED OPEN BY VICTIM TWO. HOWEVER, THE DOOR LEADING INTO THE RESIDENCE WAS SECURED AND LOCKED. VICTIM ONE STATED THAT THE DEFENDANT HAD TO HAVE JUMPED HIS FENCE TO MAKE ENTRY ON TO THE PROPERTY BECAUSE THE NORTH GATE AND THE EAST GATE ARE LOCKED, HOWEVER THE TWO GATES ON EITHER SIDE OF THE DRIVEWAY ARE UNLOCKED. THE VICTIM ADVISED HE PLACES A GOLF TEE IN THE LATCH ON BOTH GATES AND BOTH OF THE TEES WERE STILL THERE. I THEN EXAMINED THE YARD AND THE SCREEN PORCH ON THE INSIDE OF THE NORTH FENCE. ON THE GROUND WAS A WHITE SOCK. INSIDE OF THE SCREENED PORCH AREA THERE IS A METAL DOOR LEADING FROM THE SCREENED ROOM IN TO THE RESIDENCE. THIS DOOR HAD A WINDOW WHICH WAS UP. THERE APPEARED TO BE A FRESH PRY MARK ON THE BOTTOM OF THE WINDOW FRAME AND A MARK ON THE WEATHER STRIPPING ON THE BOTTOM OF THE WINDOW WHICH APPEARED TO HAVE BEEN MADE BY A FLAT HEAD SCREWDRIVER. THE DOOR WAS STILL LOCKED; HOWEVER THE WINDOW WAS STILL OPEN. INSIDE THE RESIDENCE PAST THE METAL DOOR, WAS WHAT APPEARED TO BE A WOODEN COUNTER WHICH WAS ON TWO WORK HORSES. ON THE SOUTH WEST CORNER OF THE WOODEN COUNTER WAS SEVERAL FOOT PRINTS IN THE FINISH OF THE WOOD. THE TREAD OF THE FOOTPRINTS WAS CIRCULAR PATTERNS. IT DID NOT APPEAR THAT ANYTHING HAD BEEN REMOVED FROM THIS AREA. DETECTIVE FARKAS WAS CALLED TO THE SCENE AND OBTAINED A TAPED STATEMENT POST MIRANDA BY THE DEFENDANT ADMITTING TO THE BURGLARY. THE DEFENDANT'S SHOES WERE RECOVERED AS EVIDENCE AS WELL AS THE SOCKS FROM THE ROADWAY FROM THE VICTIM'S PROPERTY ALONG WITH THE SCREWDRIVER. THE DEFENDANT WAS ADVISED HE WAS BEING CHARGED WITH ONE COUNT OF BURGLARY. HE WAS THEN SEAT BELTED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $5,000.00 PER THE BOND SCHEDULE. THE DEFENDANT IS ALREADY ON BOND FOR A SIMILAR CHARGE OF BURGLARY. *NOT-EXEMPT* |
