Probable cause affidavit: |
SUBMITTED BY: HESSE, NICHOLAS 0689 (AR15-14147) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF SHANDS HOSPITAL, TO WIT: REMOVED THE PROPERTY, TOTALING $75.00, CARRYING AWAY THE SAID PROPERTY, WITH INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE THE OWNER AND USE IT AS HIS OWN; HAVING TWO PRIOR CONVICTIONS ON 030695 AND 070595, IN VIOLATION OF FLORIDA STATE STATUTE 812.014(3)(C). DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2). DID KNOWINGLY ATTACH TO ANY MOTOR VEHICLE OR MOBILE HOME ANY REGISTRATION LICENSE PLATE, OR WHO KNOWINGLY ATTACHES ANY VALIDATION STICKER OR MOBILE HOME STICKER TO A REGISTRATION LICENSE PLATE, WHICH PLATE OR STICKER WAS NOT ISSUED AND ASSIGNED OR LAWFULLY TRANSFERRED TO SUCH VEHICLE, IS IN VIOLATION OF FLORIDA STATE STATUTE 320.261. ON 030615, AT 2103 HOURS, I CONDUCTED A TRAFFIC STOP ON A SILVER JEEP, BEARING FLORIDA LICENSE PLATE 876YKZ, AT THE INTERSECTION OF NORTH LECANTO HIGHWAY AND MUSTANG BOULEVARD, FOR ONLY HAVING ONE OPERABLE BRAKE LIGHT. PRIOR TO MAKING CONTACT WITH THE DRIVER OF THE VEHICLE, I WAS ADVISED BY DISPATCH THAT THE LICENSE PLATE HAD BEEN PREVIOUSLY REPORTED STOLEN FROM THE GAINESVILLE POLICE DEPARTMENT, IN ALACHUA COUNTY. I THEN APPROACHED THE PASSENGER SIDE OF THE VEHICLE AND MADE CONTACT WITH THE DRIVER/DEFENDANT, IDENTIFIED AS MR WALTER CHARLES JARRELL. I INSTRUCTED THE DEFENDANT TO PROVIDE HIS DRIVER'S LICENSE, VEHICLE REGISTRATION, AND PROOF OF INSURANCE, TO WHICH HE STATED HE HAD OF THOSE ITEMS. I ASKED HIM WHY HE COULD NOT PROVIDE THOSE AND HE STATED AGAIN THAT HE DID NOT HAVE THEM. AT THAT TIME, DUE TO THE DEFENDANTâS BEHAVIOR AND THE LICENSE PLATE BEING REPORTED STOLEN, DEPUTY REID AND I HAD THE DEFENDANT STEP OUT OF THE VEHICLE, WHERE HE WAS PLACED IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK. FOR OFFICER SAFETY THE DEFENDANT WAS PATTED DOWN FOR WEAPONS, AND ESCORTED FROM THE ROADWAY TO THE BACK OF HIS VEHICLE. AT APPROXIMATELY 2113 HOURS, I INFORMED THE DEFENDANT THAT HE WAS NOT FREE TO LEAVE AND I READ HIM HIS MIRANDA RIGHTS, VIA AN AGENCY ISSUED PREPRINTED CARD. THE DEFENDANT STATED HE UNDERSTOOD HIS RIGHTS AND I BEGAN QUESTIONING HIM ABOUT THE INCIDENT. DURING THIS INTERVIEW, THE DEFENDANT EXPLAINED THAT HE TOOK THE LICENSE PLATE OFF OF AN UNKNOWN VEHICLE WHILE IN THE JURISDICTION OF GAINESVILLE BECAUSE HE HAD BEEN UNABLE TO REGISTER THE JEEP. HE FURTHER EXPLAINED THAT HIS DRIVER'S LICENSE IS CURRENTLY SUSPENDED FOR FINANCIAL REASONS AND MULTIPLE PRIOR OFFENSES. THE DEFENDANT ALSO TOLD ME THAT HE AFFIXED THE LICENSE PLATE ONTO THE JEEP KNOWING THAT IT DID NOT BELONG. AT THAT TIME, I ASKED THE DEFENDANT IF THERE WERE ANY DRUGS OR WEAPONS INSIDE THE VEHICLE, TO WHICH HE STATED NO AND HE PROVIDED CONSENT TO SEARCH. I THEN BRIEFLY SEARCHED THE VEHICLE AND INSTRUCTED THE DEFENDANT TO TELL ME TO STOP SEARCHING AT ANY POINT IN TIME IF HE WISHED. DURING THIS TIME, TELETYPE CONFIRMED THE STOLEN LICENSE PLATE WITH THE GAINESVILLE POLICE DEPARTMENT AND I CONDUCTED A WANTS AND WARRANTS CHECK ON THE DEFENDANT, WHICH REVEALED HIS DRIVER'S LICENSE TO BE SUSPENDED. NO CONTRABAND WAS LOCATED INSIDE THE DEFENDANTâS VEHICLE. AT THAT TIME, I REMOVED THE LICENSE PLATE TO BE TURNED IN TO EVIDENCE, WHILE DEPUTY REID ASSISTED BY HAVING TELETYPE CONTACT THE NEXT ROTATION WRECKER TO IMPOUND THE VEHICLE. TELETYPE ADVISED THAT PRECISION TOWING WAS EN ROUTE TO IMPOUND/STORE THE DEFENDANTâS VEHICLE. DEPUTY REID REMAINED ON SCENE FOR THE TOW TRUCK. I THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY, WHERE I ISSUED HIM FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER A1BU2EP, FOR DRIVING WHILE LICENSE SUSPENDED ($1,000.00 BOND), AND FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER A1BU2DP, FOR ATTACHING UNASSIGNED TAG TO HIS VEHICLE ($500.00). THE DEFENDANT WAS ALSO CHARGED WITH ONE COUNT PETIT THEFT, WHICH WAS ENHANCED TO A THIRD DEGREE FELONY DUE TO TWO PREVIOUS CONVICTIONS OF PETIT THEFT ($2,000.00 BOND). THE DEFENDANTâS TOTAL BOND WAS SET AT $3,500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING, NUMBER 380520B, FOR HAVING ONLY ONE OPERABLE BRAKE LIGHT. \t |