| Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0652 (AR 14-13106) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: NINE â 10 MG METHADONE TABLETS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, WAL-MART, TO WIT: MEAT AND BICYCLE EQUIPMENT, SAID PROPERTY BEING OF A VALUE OF $38.13 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 HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATE STATUTES 812.014(1) and 812.014(3)(a). ON 121014, WHILE CONDUCTING A SECURITY CHECK AT THE LECANTO WAL-MART LOCATED AT 1936 NORTH LECANTO HIGHWAY, LECANTO, I OBSERVED A WHITE MALE, WEARING A RED STOCKING CAP AND DARK JACKET, DISPLAYING SUSPICIOUS BEHAVIOR. I CONTACTED ASSET PROTECTION ASSOCIATE MR BRIAN ELAM AND ADVISED HIM OF THIS SUBJECT. MR ELAM THEN BEGAN TO FOLLOW THE DEFENDANT, LATER IDENTIFIED AS MR GRANT TIMM, IN TO THE MEAT SECTION OF THE STORE AND OBSERVED HIM TO SELECT A PACKAGE OF MEAT. HE THEN FOLLOWED THE DEFENDANT TO THE BICYCLE AREA WHERE HE OBSERVED THE DEFENDANT TO SELECT AN UNKNOWN ITEM. I OBSERVED THE DEFENDANT TO PASS ALL POINTS OF SALE WITH ONLY AN EMPTY WAL-MART SHOPPING BAG IN HIS HAND. THE DEFENDANT THEN APPROACHED THE CUSTOMER SERVICE DESK FOR A BRIEF SECOND AND THEN WALKED OUT OF THE MAIN ENTRANCE OF THE STORE. I FOLLOWED THE DEFENDANT OUTSIDE THE STORE TO A YELLOW TWO DOOR NISSAN BEARING FLORIDA LICENSE PLATE 593JIY, WHICH WAS PARKED IN A HANDICAP PARKING SPACE AT THE FRONT OF THE STORE. I THEN MADE A CONSENSUAL ENCOUNTER WITH THE DEFENDANT AND ASKED HIM FOR A CIGARETTE. I IDENTIFIED MYSELF AS A DEPUTY WITH THE CITRUS COUNTY SHERIFF'S OFFICE AND SHOWED THE DEFENDANT MY AGENCY ISSUED SHERIFF'S BADGE. I ASKED THE DEFENDANT WHY HE WAS AT THE STORE AND HE ADVISED HE WAS THERE WITH A FRIEND. I ASKED THE DEFENDANT IF HE HAD PURCHASED ANYTHING. AT THAT TIME, THE DEFENDANT ADVISED ''NO'', BUT HE HAD TAKEN SOME STEAKS. THE DEFENDANT REACHED IN TO THE FRONT OF HIS WAIST BAND AND PULLED OUT A PACKAGE OF TENDERLOIN STEAKS AND STATED ''WE ARE HUNGRY AND DO NOT HAVE ANY MONEY.'' HE REACHED TO HIS REAR WAIST BAND AND PULLED OUT A PACKAGED BICYCLE COMPUTER. I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. I ADVISED DETECTIVE RUBY REGARDING THIS INCIDENT AS HE WAS ON SCENE, VIA CELLULAR PHONE. WHILE SPEAKING TO DETECTIVE RUBY, THE DEFENDANT PULLED OUT A MARLBORO CIGARETTE PACK FROM AN UNKNOWN POCKET AND PLACED IT ON THE VEHICLE. AT FIRST I COULD NOT SEE WHAT THE DEFENDANT WAS DOING, SO I ASKED HIM AND HE POINTED TO THE CIGARETTE PACK AND ADVISED THAT THERE ARE METHADONE PILLS INSIDE THE CIGARETTE PACK THAT HE WAS HOLDING FOR HIS GIRLFRIEND. THE PACK WAS OPENED AND I FOUND NINE WHITE TABLETS WITH THE ENGRAVING 5771 ON ONE SIDE AND AN ''M'' ON THE OTHER. THIS DESCRIPTION WAS LATER RAN THROUGH DRUGS.COM AND WERE IDENTIFIED AS METHADONE 10 MG TABLETS THE DEFENDANT WAS TAKEN TO THE ASSET PROTECTION OFFICE WHERE A STATEMENT WAS COMPLETED BY MR ELAM AND A PROPERTY RECEIPT WAS COMPLETED FOR THE STOLEN ITEMS. THE DEFENDANT WAS REQUESTED TO COMPLETE A WRITTEN STATEMENT TO WHICH HE DID. ALL PAPERWORK WAS TURNED IN TO RECORDS. WHILE ON SCENE, A TRESPASS FORM WAS COMPLETED FOR THE DEFENDANT AND HE WAS ADVISED THAT HE WAS TRESPASSED FROM ALL WAL-MARTS IN CITRUS COUNTY. THEN READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD. THE DEFENDANT WAS ASKED IF WHEN HE ENTERED THE STORE, DID HE PLAN ON STEALING MERCHANDISE TO WHICH HE STATED YES. I ASKED HIM TO WALK ME THROUGH HIS VISIT TO THE STORE AND HE CORROBORATED THIS DEPUTY AND MR ELAM'S STATEMENTS. THE DEFENDANT WAS ASKED IF HE HAD A PRESCRIPTION FOR THE MEDICATION IN HIS POSSESSION TO WHICH HE ADVISED NO. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR POSSESSION OF CONTROLLED SUBSTANCE AND RETAIL PETIT THEFT AND WAS TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $2,000.00 OR POSSESSION OF CONTROLLED SUBSTANCE AND $500.00 FOR RETAIL THEFT FOR A TOTAL $2,500.00 PER THE BOND SCHEDULE. THE EVIDENCE COLLECTED WAS PACKAGED AND TURNED IN TO EVIDENCE. |
