| Probable cause affidavit: |
SUBMITTED BY: MCINTYRE, JERICHO 1435 (16-178053) (AR16-22104) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WAL-MART, TO WIT: TWO SANYO 32 INCH LED TELEVISIONS; CARRYING AWAY THE SAID MERCHANDISE, WITH INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE, A MERCHANT, OF THE POSSESSION, USE, BENEFIT, OR FULL RETAIL VALUE OF SAID PROPERTY, SAID PROPERTY BEING OF A VALUE OF LESS THAN $300.00, IN VIOLATION OF FLORIDA STATE STATUTE 812.014(2)(E). ON 123016, I RESPONDED TO 5465 EAST SHADY ACRES DRIVE, IN INVERNESS, IN REFERENCE TO DOMESTIC VERBAL DISPUTE. UPON ARRIVAL, I MADE CONTACT WITH BOTH SUBJECTS, ONE SUBJECT BEING THE DEFENDANT, MS DANIELLE BERENGER. AFTER IDENTIFYING THE DEFENDANT, I FOUND THAT SHE HAD TWO CURRENT CASES WHERE SHE WAS THE SUSPECT IN RETAIL PETIT THEFT. I REVIEWED DEPUTY LONGâS AND DEPUTY FERNANDEZâS REPORTS, WHICH BOTH STATED THAT PROBABLE CAUSE EXISTED ON THE DEFENDANT FOR RETAIL PETIT THEFT. DEPUTY LONGâS REPORT (16-178053) ADVISED THAT THE DEFENDANT STOLE TWO 32 INCH SANYO LED TELEVISIONS FROM THE WAL-MART SUPERCENTER IN LECANTO. DEPUTY FERNANDEZâS REPORT (16-178213) ADVISED THAT THE DEFENDANT STOLE A 38 INCH VIZIO SOUND BAR AND A BLUETOOTH SPEAKER FROM THE WAL-MART SUPERCENTER IN INVERNESS. IN BOTH CASES, THE DEPUTIES ADVISED THAT THEY WITNESSED SURVEILLANCE FOOTAGE OF THE DEFENDANT EXITING THE STORE, PASSING ALL POINTS OF FINAL SALE, WITHOUT PAYING FOR SAID ITEMS. AFTER I DETAINED THE DEFENDANT, AS I WAS PLACING HER IN HANDCUFFS, SHE SPONTANEOUSLY UTTERED THAT SHE DID NOT KNOW WHY SHE WAS BEING ARRESTED AND THAT SHE DID NOT PAWN ANYTHING. THE DEFENDANT WAS READ MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF SHE UNDERSTOOD HER RIGHTS, TO WHICH SHE REPLIED THAT SHE DID. I THEN ASKED IF SHE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH SHE ADVISED THAT SHE WOULD. I THEN ADVISED THE DEFENDANT THAT SHE WAS BEING PLACED UNDER ARREST FOR TWO COUNTS OF RETAIL PETIT THEFT. DEPUTY ZAREK 1359 AND I THEN BEGAN TO QUESTION THE DEFENDANT, WITH AUDIO RECORDING, ABOUT THE STOLEN PROPERTY. THE DEFENDANT REPLIED THAT SHE DID NOT KNOW WHAT RETAIL THEFT WAS. THE DEFENDANT THEN ADVISED THAT SHE BOUGHT TWO TELEVISIONS AND A SOUND BAR FROM A FRIEND FOR A VERY LOW PRICE AND INTENDED TO TURN THEM AROUND AND SELL THEM. THE DEFENDANT WAS VERY UNEASY WHILE BEING QUESTIONED AND ACTED AS IF SHE DID NOT KNOW WHAT WE WERE TALKING ABOUT. WHEN I ASKED THE DEFENDANT ABOUT HER STATEMENT PRIOR TO HER MIRANDA RIGHTS REGARDING PAWNING ITEMS, SHE STATED THAT SHE DID NOT PAWN THE TELEVISIONS. I THEN MADE CONTACT WITH DEPUTY FERNANDEZ, VIA TELEPHONE, WHO ADVISED THAT DEPUTY LONG AND THE LOSS PREVENTION OFFICER/COMPLAINANT, MR JOSEPH COMPOSTELLA SR, BOTH IDENTIFIED THE DEFENDANT AS MS DANIELLE BERENGER. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, (DOUBLE LOCKED), BEHIND THE BACK, SECURED IN THE REAR OF MY PATROL VEHICLE, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. |
