| Probable cause affidavit: |
SUBMITTED BY: COX, ANDREW 0543 (AR09109169) DID UNLAWFULLY FRAUDULENTLY AND UNLAWFULLY OBTAIN A CERTIFICATE OF TITLE FOR A VESSEL, IN VIOLATION OF FLORIDA STATE STATUTE 328.05(2); AND DID UNLAWFULLY MAKE A FALSE STATEMENT IN APPLICATION FOR THE TITLE OF A VESSEL, IN VIOLATION OF FLORIDA STATE STATUTE 328.05(3)(C); AND DID UNLAWFULLY DESTROY, REMOVE OR DEFACE THE HULL IDENTIFICATION NUMBER, IN VIOLATION OF FLORIDA STATE STATUTE 328.07(3)(A); AND DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY COX, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: CONDUCTING A TRAFFIC STOP, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 052009 AT APPROXIMATELY 1014 HOURS, I WAS ON WEST WOODLAND PLACE NEAR THE REAR OF THE RESIDENCE OF 10800 WEST OLIVER STREET. I OBSERVED A WHITE MALE DRIVING A FORD PICKUP TRUCK TOWING A VESSEL ON A BOAT TRAILER WITH NO LIGHTS, NO SAFETY CHAINS, NO TIE DOWNS ON the VESSEL AND NO TAG DISPLAYED ON the VESSEL. THE DRIVER PULLED ON TO WEST WOODLAND PLACE FROM AN UNNAMED DIRT ROAD and THEN PROCEEDED TO BACK INTO the REAR OF THE RESIDENCE AT 10800 WEST OLIVER STREET. I APPROACHED the DRIVER, IDENTIFIED MYSELF, AND ADVISED HIM I WAS STOPPING HIM FOR THE REASONS MENTIONED ABOVE. HE PROVIDED ME with a DRIVER'S LICENSE, PROOF OF INSURANCE AND A VEHICLE REGISTRATION, HOWEVER, DID NOT HAVE THE REGISTRATION FOR THE TRAILER. AS I WAS DEALING WITH THE DRIVER OF THE PICKUP TRUCK, THE DEFENDANT, MR WILLIAM NICHOLS, TOLD ME I NEEDED TO GET OFF his PROPERTY. I ADVISED MR NICHOLS I WAS CONDUCTING A TRAFFIC STOP AND HE NEEDED TO STEP AWAY. MR NICHOLS THEN BECAME LOUD and BOISTEROUS. I ADVISED HIM TO STEP AWAY FROM MY TRAFFIC STOP, THAT HE WAS INTERFERING WITH MY DUTIES AS A LAW ENFORCEMENT OFFICER, AND ONCE I WAS DONE WITH MY TRAFFIC STOP, I would SPEAK WITH HIM. MR NICHOLS THEN WALKED BEHIND THE BOAT, STATING, "THIS IS MY FUCKING PROPERTY I CAN DO WHATEVER I WANT ON IT". I ADVISED HIM A THIRD TIME TO LET ME FINISH MY TRAFFIC STOP, I would TALK TO HIM THEN. MR NICHOLS THEN WALKED FROM BEHIND THE VEHICLE AND VESSEL, AROUND TO THE FRONT, CAME UP ON MY LEFT HAND SIDE AND ATTEMPTED TO STEP IN BETWEEN ME AND THE DRIVER OF THE PICKUP TRUCK. I THEN TOLD MR NICHOLS TO PLACE HIS HANDS BEHIND HIS BACK, THAT HE WAS UNDER ARREST FOR INTERFERING WITH A LAW ENFORCEMENT OFFICER'S DUTIES. HE COMPLIED AND I PLACED HIM IN THE REAR SEAT OF my PATROL VEHICLE. I HAD EARLIER OBSERVED A TRAILER ON THE PROPERTY THAT APPEARED TO MATCH THE DESCRIPTION OF A PREVIOUSLY REPORTED STOLEN TRAILER. I HAD SPOKEN TO DETECTIVE FARKAS THE DAY BEFORE AND THE VICTIM OF THE STOLEN TRAILER WHO HAD DESCRIBED THE TRAILER IN DETAIL. I OBSERVED thAT ALL THE DECALS HAD BEEN REMOVED FROM the TRAILER and THE SERIAL NUMBER WAS REMOVED. I OBSERVED THE VESSEL ON THE TRAILER HAD NO HULL NUMBER DISPLAYED AND WAS TITLED AS A HOMEMADE VESSEL, WHICH WAS OBVIOUSLY NOT A HOMEMADE VESSEL. I STEPPED BACK TO MY PATROL VEHICLE AND READ MR NICHOLS HIS MIRANDA WARNINGS, BETTER KNOWN AS MIRANDA RIGHTS. WHEN I ASKED HIM WHAT KIND OF VESSEL THAT WAS IN HIS YARD, HE ADVISED IT WAS A BOSTON WHALER. WHEN I ASKED HIM WHY HE TITLED IT AS HOMEMADE, HE ADVISED IT WAS PREVIOUSLY HIS BROTHER'S BOAT AND DID NOT WANT TO GO THROUGH THE HASSLE SO HE TITLED IT AS HOMEMADE. WHEN I QUESTIONED HIM ABOUT THE TRAILER, HE ADVISED HE HAD THE TRAILER FOR SEVERAL MONTHS. AT THAT POINT DETECTIVE FARKAS TOOK OVER THE QUESTIONING. AFTER DETECTIVE FARKAS FINISHED HIS QUESTIONING, I ASKED the DEFENDANT IF HE HAD REMOVED THE OUTBOARD MOTOR SERIAL NUMBER AND HE REPLIED NO. I THEN ASKED HIM IF HE HAD REMOVED the HULL IDENTIFICATION NUMBER AND HE REPLIED HE DID NOT KNOW. WHEN I FURTHER QUESTIONED HIM ABOUT THE LOCATION IN the RIGHT REAR OUTSIDE TRANSOM HAVING NEW FIBERGLASS and PAINT ON IT, HE ADVISED HE DID REMOVE A NUMBER FROM THAT AREA BUT DID NOT KNOW THE NUMBER. AFTER NOTICING ALL THE DISCREPANCIES ON the VESSEL, I RETURNED TO MY TRAFFIC STOP. THE VESSEL that WAS BEING TOWED WAS ON A GALVANIZED TRAILER AND THE OUTBOARD SERIAL NUMBER WAS UNREADABLE. THE DRIVER ADVISED IT WAS A HOMEMADE TRAILER, HOWEVER, the TRAILER HAD DECALS ON IT TO SUGGEST otherWISE and DID NOT APPEAR TO BE A HOMEMADE TRAILER. I CONTACTED SERGEANT FIELDS and ADVISED HIM I would BE SEIZING BOTH TRAILERS, BOTH BOATS and BOTH OUTBOARD MOTORS. A TOW FORM AND PROPERTY RECEIPTS WERE COMPLETED. DAVE'S TOWING TOWED THE TRAILERS AND the VESSELS WITH THE OUTBOARD MOTORS ATTACHED. DETECTIVE FARKAS MET with THE VICTIM WHO POSITIVELY IDENTIFIED THE TRAILER AS HIS STOLEN TRAILER. MR NICHOLS WAS THEN TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY WHERE HE WAS CHARGED WITH ONE COUNT OF TITLE FRAUD, ONE COUNT OF GIVING FALSE INFORMATION TO OBTAIN A TITLE, ONE COUNT OF REMOVING A HULL IDENTIFICATION NUMBER AND ONE COUNT OF RESISTING WITHOUT VIOLENCE, WITH A TOTAL BOND OF $6,500.00. *NOT-EXEMPT* |
