The purpose of my blog today is to complete the exercises we were instructed to do from chapter 8 of our textbook. In the blog below I will complete this and in the end an example of a warrant will be produced.
Exercise 3: The first exercise required us to write an introduction for our warrant and affidavit. Exercise 4 also asks us to use this when constructing our search warrant.
I am currently a member of the California Bureau of Investigations and have enjoyed employment there for the last ten years. For the past ten years I have been responsible for any and all criminal activity in the El Fuego area. This can range from gang activity investigation to domestic issues and even other criminal acts like illegal forms of betting. I am a graduate of Lewis University with a Bachelor degree in Psychology and a Bachelor degree in Criminal Justice, where I received the schooling necessary to understand criminals, what is expected of me, and the law in order to appropriately act when the situation calls for me to. After this I was a graduate of the El Fuego Police Academy where I was schooled even more thoroughly into what it took to be a policeman from traffic stops to rapid deployment situations and beyond. I immediately joined the El Fuego police department for five years and then applied for the California Bureau of Investigations and became an investigator. I am responsible for over 200 arrests in my five years with the El Fuego police department and then more than 300 or so successful investigations while with the California Bureau of Investigations. These investigations included illegal betting, gang activity, and drug trafficking for the most part.
Exercise 4: The following will be a complete search warrant with the above introduction.
State of California-County of El Fuego
Search Warrant and Affidavit
John Trendl, swears under oath that the facts expressed by him/her in the attached and incorporated statement of probable cause are true and that based thereon he/she has probable cause to believe and does believe that the property described below is lawfully seizable pursuant to Penal Code 1524, as indicated below, and is now located at the locations set forth below. Wherefore, affiant requests that this Search Warrant be issued.
John Trendl, NIGHT SEARCH REQUESTED: YES ( ) NO (x)
THE PEOPLE OF THE STATE OF CALIFORNIA TO ANY SHERIFF, POLICEMAN, INVESTIGATOR, OR PEACE OFFICER IN THE COUNTY OF EL FUEGO: proof by affidavit having been made before me by John Trendl, that there is probable cause to believe that the property described herein may be found at the locations set forth herein and that it is lawfully seizable pursuant to Penal Code Section 1524 as indicated below by "x" (s) in that it:
was stolen or embezzled
x was used as the means of committing a felony
x is possessed by a person with the intent to use it as means of committing a public offense or is possessed by another whom he or she may have delivered for the purpose of concealing it or preventing its discovery
tends to show that a felony has been committed or that a felony has been committed or that a particular person has committed a felony tends to show that sexual exploitation of a child, in violation of Penal Code Section 311.3 has occurred or is occurring.
YOU ARE THEREFORE COMMANDED TO SEARCH:
- Pacific Telephone Company, 1010 N. Wilshire Blvd., Room #621, Los Angeles, California
- Do Drop In Bar, 1631 lager Road, El Fuego
FOR THE FOLLOWING PROPERTY:
- Anything related to the horse race and book making for bets in accordance to the fifth race involving the horse I'm Not Glue along with any reference to a man named Steve Sober and or a man named Billy Biglunch with a placed bet of one hundred dollars on said horse in their name.
- Any identifiers for the owner of the building and or the occupier of room #621 where the call was placed to. This includes any identifying papers, ownership papers, phone numbers, and money and bank transactions alike.
- Fingerprints belonging to Steve Sober on the phone in the bar that he placed the bet on.
- Any security footage that shows Steve Sober and Billy Biglunch talking when this occurred at the bar to show that they were indeed there.
AND TO SEIZE IT IF FOUND and bring it forthwith before me, or this court, at the courthouse of this court. This Search warrant and incorporated Affidavit was sworn to as true and subscribed before me this
7th day of
April, 2016, at,
11:24 P.M. Wherefore, I find probable cause for the issuance if this Search Warrant and do issue it.
Francis Parker , NIGHT SEARCH APPROVED: YES( ) NO( )
Judge of the Superior Court,
El Fuego Judicial District
STATEMENT OF PROBABLE CAUSE:
I, John Trendl, am currently a member of the California Bureau of Investigations and have enjoyed employment there for the last ten years. For the past ten years I have been responsible for any and all criminal activity in the El Fuego area. This can range from gang activity investigation to domestic issues and even other criminal acts like illegal forms of betting. I am a graduate of Lewis University with a Bachelor degree in Psychology and a Bachelor degree in Criminal Justice, where I received the schooling necessary to understand criminals, what is expected of me, and the law in order to appropriately act when the situation calls for me to. After this I was a graduate of the El Fuego Police Academy where I was schooled even more thoroughly into what it took to be a policeman from traffic stops to rapid deployment situations and beyond. I immediately joined the El Fuego Police Department for five years and then applied for the California Bureau of Investigations and became an investigator. I am responsible for over 200 arrests in my five years with the El Fuego Police Department and then more than 300 or so successful investigations while with the California Bureau of Investigations. These investigations included illegal betting, gang activity, and drug trafficking for the most part.
On April 7th, 2016 at approximately 2324 hours I resumed my assignment that included investigating any and all criminal violations that occurred at the Do Drop In Bar, 1631 Lager Road, El Fuego. I was undercover there when I witnessed one of the regulars, Billy Biglunch, talking with the owner, Steven Sober, about betting on horses.
Suddenly, I overheard Biglunch tell Sober that he had insider information that stated that a horse named I'm Not Glue was in good position to win the fifth race. Sober responded that he wanted to be one hundred dollars on the horse to win.
Later, after Sober and Biglunch finished talking, Sober approached the phone on the wall at the east end of the bar. I could see him easily as I was sitting only about three feet from him. I saw him dial the number 1-213-555-9361 and bet one hundred dollars on I'm Not Glue to win the race. He told Biglunch he had done so with his bookie and that they were set.
I then proceeded to leave the bar and returned to my office. I found that the service for the phone number 1-213-555-9361 is given by Pacific Telephone Company, 1010 N. Wilshire Blvd., Room #621, Los Angeles, California. The number was also non-published.
Based on my experience at the bar, the skills I have acquired over the years, and information from the affidavit I believe that there is evidence of illegal betting at the Pacific Telephone Company business residence and in Sober's bar where I believe evidence of this illegal bet could exist and other bets of this kind could have also occurred. So, I am seeking approval to search these places.
John Trendl Date
4/7/16
Francis Parker Date
4/7/16
Source: Biggs, Michael. 'Writing Search Warrants".
Just the Facts: Investigative Report Writing. ed. Andrew Gilfillan, Gary Bauer, Lynda Cramer, and Bryan Pirrmann. 5th ed. Pearson Education, 2016. 110-124. Print.