| Probable cause affidavit: |
SUBMITTED BY: COGAR, HEATHER 1306 (AR16-21155) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF WALMART, TO WIT: EIGHT MISCELLANEOUS ITEMS VALUED AT $79.00, 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 $100.00, IN VIOLATION OF FLORIDA STATE STATUTE 812.014(3)(A). ON 092916, AT APPROXIMATELY 2030 HOURS, I WAS TRAVELING NORTHBOUND ON HIGHWAY 19 NEAR THE INTERSECTION OF MCKINLEY STREET, WHEN I OBSERVED A WHITE MALE, WEARING A WHITE TANK TOP AND A HAT, RIDING A BICYCLE WITH NO LIGHTS OR REFLECTORS. AT THAT TIME, I CONDUCTED A TRAFFIC STOP ON THE SUBJECT, LATER IDENTIFIED AS THE DEFENDANT, MR JEREMIAH STRAIN. THE DEFENDANT HAD A RED DUFFLE BAG AND A WALMART BAG HANGING OFF OF HIS BICYCLE, ALONG WITH TWO DRAWSTRING BAGS ON HIS BACK. I ADVISED THE DEFENDANT THAT HE COULD NOT RIDE A BICYCLE BETWEEN SUNSET AND SUNRISE WITHOUT EXHIBITING A LIGHT ON THE FRONT AND THE BACK OF THE BICYCLE. THE DEFENDANT STATED HE WAS SORRY AND ADVISED THAT HE HAD JUST BOUGHT A FLASHLIGHT FROM WALMART, WHICH HE WAS GOING TO PUT BATTERIES IN AND PUT ON HIS BICYCLE. I ASKED THE DEFENDANT WHAT WAS INSIDE THE MISCELLANEOUS BAGS THAT WERE HANGING OFF OF HIS BICYCLE, AT WHICH TIME HE OPENED THE BAGS AND SHOWED ME. THERE WERE MULTIPLE WALMART BAGS CONTAINING GROCERIES AND OTHER MISCELLANEOUS ITEMS. SOME OF THE ITEMS WERE IN WALMART BAGS AND SOME OF THE ITEMS WERE NOT. THERE WAS ALSO A BULGE IN THE DEFENDANTâS LEFT POCKET, WHICH LATER REVEALED TO BE A BRAND NEW PAIR OF SUNGLASSES STILL IN THE PACKAGING. I ASKED THE DEFENDANT IF HE HAD A RECEIPT FOR THE ITEMS THAT HE PURCHASED, TO WHICH HE PRODUCED A RECEIPT; HOWEVER, THE SUNGLASSES THAT WERE IN THE DEFENDANTâS POCKET WERE NOT ON THE RECEIPT. THE DEFENDANT STATED THAT HE HAD THROWN THE RECEIPT AWAY THAT SHOWED PROOF OF PURCHASE FOR THE SUNGLASSES. AFTER FINDING OTHER ITEMS INSIDE THE BAGS, WHICH WERE STILL IN PACKAGING AND NOT ON THE RECEIPT, THE DEFENDANT STATED THAT OF THE ITEMS WERE STOLEN, EXCEPT FOR THE SUNGLASSES IN HIS POCKET. THE DEFENDANT WAS THEN DETAINED AND READ HIS MIRANDA RIGHTS, VIA AN AGENCY ISSUED PREPRINTED MIRANDA CARD. AT THAT TIME, THE DEFENDANT REQUESTED TO SPEAK WITH HIS LAWYER I THEN TRANSPORTED THE DEFENDANT BACK TO THE INCIDENT LOCATION AT WALMART LOCATED AT 6885 SOUTH SUNCOAST BOULEVARD, WHERE I SPOKE WITH AN ASSISTANT STORE MANAGER, MS JESSICA AVERY. I SHOWED MS AVERY THE ITEMS THAT I FOUND IN THE DEFENDANTâS POSSESSION. THE ITEMS WERE SEPARATED BY WHAT WAS ON THE RECEIPT AND WHAT WAS NOT ON THE RECEIPT. THE ITEMS THAT WERE NOT ON THE RECEIPT WERE VALUED AT $79.00 AND INCLUDED FOOD AND MISCELLANEOUS ITEMS. MS AVERY CHECKED THE SURVEILLANCE CAMERAS AT THE TIME THAT THE TRANSACTIONS WERE MADE FOR THE ITEMS THAT WERE PURCHASED. THE DEFENDANT WAS OBSERVED IN AREAS OF WALMART, WHICH CORRESPONDED WITH THE ITEMS THAT WERE STOLEN. THE DEFENDANT WAS OBSERVED WEARING A WHITE TANK TOP AND A BLACK BASEBALL HAT, WHICH IS THE SAME OUTFIT THAT I OBSERVED THE DEFENDANT WEARING WHEN I CONDUCTED THE TRAFFIC STOP. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR RETAIL PETIT THEFT. ALL STOLEN MERCHANDISE WAS RECOVERED AND TURNED BACK OVER TO WALMART. A PROPERTY RECEIPT WAS COMPLETED AND A COPY WAS TURNED IN TO RECORDS. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATIONS A21EDUP AND A21EDTP FOR NOT HAVING LIGHTING EQUIPMENT ON HIS BICYCLE. I COLLECTED A COPY OF THE SURVEILLANCE FOOTAGE WHICH WAS LATER TURNED IN TO EVIDENCE. I ALSO COLLECTED RECEIPTS OF THE STOLEN ITEMS, WHICH WERE LATER TURNED IN TO RECORDS. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. |
