| Probable cause affidavit: |
SUBMITTED BY: GATER, DAVID 0263 (AR09107330) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: BY UNLAWFULLY PRYING OPEN AND ENTERING THROUGH VICTIM'S SLIDING GLASS DOOR AT NIGHT AND UNLAWFULLY TAKING VICTIM'S PROPERTY VALUED AT OVER $800.00, LOCATED AT 848 EAST ANTON DRIVE. CITRUS SPRINGS, IN THE COUNTY OF CITRUS AND STATE OF FLORIDA, THE PROPERTY OF VICTIM, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: BURGLARY, IN VIOLATION OF FLORIDA STATUTE 810.02(1) AND 810.02(4)(A); AND DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: BY UNLAWFULLY PRYING OPEN AND ENTERING THROUGH VICTIM'S SLIDING GLASS DOOR AT NIGHT AND UNLAWFULLY TAKING VICTIM'S PROPERTY VALUED AT OVER $800.00, LOCATED AT 848 EAST ANTON DRIVE. CITRUS SPRINGS, IN THE COUNTY OF CITRUS AND STATE OF FLORIDA, THE PROPERTY OF VICTIM, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: BURGLARY, IN VIOLATION OF FLORIDA STATUTE 810.02(1) AND 810.02(4)(A); AND DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: MISCELLANEOUS TOOLS, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), 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 HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATUTES 812.014. ON 012309, THE VICTIM REPORTED A BURGLARY TO HIS UNOCCUPIED RESIDENCE LOCATED AT 848 EAST ANTON DRIVE IN CITRUS SPRINGS, WHICH WAS ASSIGNED AGENCY CASE NUMBER 09010852. THE VICTIM ADVISED THAT UNKNOWN SUBJECTS HAD UNLAWFULLY ENTERED THE RESIDENCE THROUGH REAR SLIDING GLASS DOOR AND REMOVED ELECTRICAL PLUG OUTLETS, LIGHT SWITCHES, CERAMIC TILE AND A RED IN COLOR SKILL BRAND DRILL. THE VICTIM ADVISED THAT THIS WAS APPROXIMATELY THE FOURTH TIME HE HAD BEEN BURGLARIZED in the LAST THREE MONTHS AND THAT AFTER THE THIRD TIME THE VICTIM PURCHASED THE GLOBAL POSITIONING SYSTEM WHICH HE HAD DISGUISED IN THE BATTERY PACK OF THE DRILL, WHICH WAS TAKEN. THE VICTIM ADVISED THAT THE GPS SYSTEM WAS ACCESSIBLE THROUGH THE INTERNET AND EARLIER THIS MORNING SHOWED IT WAS AT 4549 WEST TUMBLEWEED DRIVE, BUT IS NOW SHOWED IT TO BE LOCATED AT 3673 EAST ORANGE DRIVE IN HERNANDO. MYSELF AND DETECTIVE SMITH THEN RESPONDED TO 3673 EAST ORANGE DRIVE AND UPON ARRIVAL LOCATED A VEHICLE WHOSE LICENSE PLATE MATCHED THE ADDRESS OF 4549 WEST TUMBLEWEED. DETECTIVE SMITH AND I MADE CONTACT WITH THE DRIVER OF the VEHICLE, WHO WAS LATER IDENTIFIED AS THE DEFENDANT. I FIRST IDENTIFIED MYSELF AND MY INVESTIGATION TO THE DEFENDANT. THE DEFENDANT THEN CONSENTED TO A POST MIRANDA DIGITALLY RECORDED INTERVIEW AND DURING SAID INTERVIEW THE DEFENDANT CONFESSED TO UNLAWFULLY ENTERING THE VICTIM'S RESIDENCE THROUGH THE REAR SLIDING GLASS DOOR AND REMOVING THE RED IN COLOR SKILL BRAND DRILL, AS WELL AS SOME CERAMIC TILE AND ELECTRICAL SWITCHES. THE DEFENDANT FURTHER ADVISED THAT MOST OF THE ARTICLES WERE CURRENTLY IN THE FRONT FLOORBOARDS OF HIS VEHICLE. AFTER THE INTERVIEW, I EXPLAINED TO THE DEFENDANT THAT HIS FINGERPRINTS WOULD BE ENTERED INTO A DATABASE that WE COULD CHECK AGAINST ANY OTHER BURGLARIES WHICH HAD OCCURRED. AT THAT POINT, THE DEFENDANT ADVISED THAT HE HAD BURGLARIZED THE VICTIM'S SAME RESIDENCE APPROXIMATELY THE THIRD WEEK IN NOVEMBER, 2008. THE DEFENDANT THEN CONSENTED AGAIN FOR A SECOND POST MIRANDA DIGITALLY RECORDED INTERVIEW and DURING THAT SECOND INTERVIEW THE DEFENDANT CONFESSED TO UNLAWFULLY ENTERING THE VICTIM'S RESIDENCE BY PRYING THE REAR SLIDING GLASS DOOR WITH SOME TYPE OF PRY TOOL. HE ADVISED HE HAD TAKEN UNKNOWN AMOUNT OF WALL MOLDING. AFTER THE INTERVIEW, A PERMISSION TO SEARCH FORM WAS COMPLETED INDICATING THE DEFENDANT WAS VOLUNTARILY ALLOWING DETECTIVE SMITH AND ME TO SEARCH HIS VEHICLE FOR STOLEN ARTICLES, AS WELL AS the DEFENDANT'S RESIDENCE FOR THE STOLEN ARTICLES. A SEARCH OF THE DEFENDANT'S VEHICLE REVEALED THE RED IN COLOR SKILL DRILL, WHICH HAD THE VICTIM'S GPS TRANSMITTER in the BATTERY COMPARTMENT, TWO BOXES OF CERAMIC FLOOR TILES, TWO ELECTRIC PLUG OUTLETS AND THREE ELECTRICAL LIGHT SWITCHES, WHICH THE DEFENDANT ADVISED WERE the ARTICLES HE HAD TAKEN FROM the VICTIM'S RESIDENCE. THE DEFENDANT ADVISED THERE WERE MORE ARTICLES LOCATED AT THE DEFENDANT'S RESIDENCE. DETECTIVE SMITH AND I THEN DROVE THE DEFENDANT TO HIS RESIDENCE WHERE UPON ARRIVAL THREE BOXES OF TERA FLOOR TILE, AS WELL AS ONE BOX OF CERAMIC WALL TILE, ONE BAG OF GROUT WAS LOCATED ON THE DEFENDANT'S FRONT PORCH. ALL ARTICLES RECOVERED FROM VEHICLE and RESIDENCE WAS PHOTOGRAPHED and A PROPERTY RECEIPT WAS COMPLETED. THE DEFENDANT REVIEWED THE PROPERTY RECEIPT ACKNOWLEDGING LISTED ARTICLES WERE TAKEN FROM RESIDENCE AND SIGNED RECEIPT. DETECTIVE SMITH AND I THEN Made CONTACT WITH THE VICTIM, WHO POSITIVELY IDENTIFIED ALL THE ARTICLES LISTED ON THE PROPERTY RECEIPT AS ARTICLES BELONGING TO HIM. ALL ARTICLES WERE THEN TURNED OVER TO THE VICTIM. HE THEN SIGNED the PROPERTY RECEIPT ACKNOWLEDGING RECEIPT. THE COMBINED TOTAL VALUE OF ALL ARTICLES TAKEN WAS APPROXIMATELY $800.00. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING. UPON ARRIVAL, HE WAS CHARGED WITH TWO COUNTS OF BURGLARY TO UNOCCUPIED STRUCTURE AND ONE COUNT GRAND THEFT. HIS TOTAL BOND WAS SET AT $8,000.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
