STATE OF INDIANA ) IN THE MARION SUPERIOR COURT
) SS: CRIMINAL DIVISION ______
COUNTY OF MARION )
CAUSE NO:
IN THE MATTER OF )
A REQUEST FOR THE )
ISSUANCE OF A )
SEARCH WARRANT )
AFFIDAVIT FOR PROBABLE CAUSE FOR ANTICIPATORY WARRANT
I, ______________________________, being first duly sworn upon my oath, state as follows:
I am a police officer with the Police Department. I have been a police officer in County since . I am a “law enforcement officer” as that term is defined in I.C. 35-31.5-2-185.
I am currently assigned as a Detective to the unit of the police agency and have been so assigned since year. In connection with my official duties, I am involved in investigations relating to violations of the Indiana controlled substances laws.
I have received training relating to enforcement of the Indiana controlled substances laws, including the following:
1. My initial training at the which academy in year. I have satisfied the minimum basic training requirements established by rules adopted by the law enforcement training board under I.C. 5-2-1-9 and described in I.C. 35-37-4-5.
2. Basic Detective School, through the Indianapolis Police Department;
3. Undercover Detective School, through the Indianapolis Police Department. During the last two years, I have been an instructor at the Undercover Detective School;
4. Yearly in-service training.
5. I have participated in criminal interdiction training courses, including , which included specific training in detecting parcels containing controlled substances.
I have participated in numerous investigations involving narcotics laws, and have been involved in the investigation and arrest of drug dealers. Based upon my training, experience, and participation in criminal investigations, I am familiar with the methods employed by individuals engaged in the trafficking of controlled substances, including the following:
1. Individuals involved in the trafficking of controlled substances often use residences or other buildings or structures where they do not generally reside to conduct controlled substances transactions, to prepare and store controlled substances prior to delivery or to use controlled substances. These residences or other buildings are sometimes referred to as “stash houses.”
2. Individuals involved in the trafficking of controlled substances often work in concert with other individuals in the course and conduct of the illegal enterprise. Sometimes, the individuals acting in concert divide the tasks associated with the preparation, packaging and sale of controlled substances. For example, one individual might be in possession of the controlled substances, and another individual in possession of the cash proceeds of sales of the controlled substances, while yet another individual acts as a “lookout.”
3. At any residence, building or structure where controlled substances are being sold, there will often be present at that location items used for processing, diluting, weighing, packaging and distributing controlled substances, such as scales, funnels, sifters, grinders, glass panes and mirrors, razor blades, plastic bags, baking soda, microwave ovens, Pyrex containers and items to dilute the purity of the controlled substance, such as inositol, dorman, quinine and mannite.
4. At any residence, building or structure where controlled substances are being sold, there will often be present at that location certain papers, documents or other items of personal property that may aid in the identification of the individuals involved in the trafficking of controlled substances or which may provide evidence of the connection of such individuals to the location where controlled substances are being sold. Such papers, documents or other items of personal property include:
a. Identification cards;
b. Receipts, invoices and billing statements;
c. Photographs and videotapes;
d. Financial records;
e. Papers relating to Court appearances and/or probation or parole requirements:
f. Cancelled mail;
g. Deeds;
h. Lease or rental agreements;
i. Personal telephone books;
j. Diaries;
k. Keys.
5. Individuals involved in the trafficking of controlled substances often maintain written ledgers in some form, which written ledgers indicate the identity of customers and suppliers of controlled substances and indicate whether money has been paid or remains owing for controlled substances transactions.
6. Individuals involved in the trafficking of controlled substances often use cell phones, pagers and other types of electronic communication equipment to communicate with customers and suppliers of controlled substances. These cell phones, pagers and other electronic communication equipment generally store historical data regarding the prior use of such equipment, including voice messages, text messages, contact information and a history of contacts to and from the cell phone, pager or other electronic equipment.
7. Individuals involved in the trafficking of controlled substances generally conduct controlled substances transactions using United States currency and such individuals often maintain substantial sums of United States currency either on their person or stored at some other location.
8. Individuals involved in the trafficking of controlled substances often use code words or numerical codes in the course of conducting their controlled substances transactions.
9. Individuals involved in the trafficking of controlled substances often maintain possession and control of firearms, to attempt to protect themselves and their illegal controlled substances enterprise;
10. Individuals involved in the trafficking of controlled substances often use false names, “street names,” false identifying information and bogus business names to attempt to conceal their true identity and purpose.
11. Individuals involved in the trafficking of controlled substances generally attempt to conceal their inventory of controlled substances and the proceeds from the sales of their controlled substances, using a variety of methods, including the following:
a. Safe deposit boxes;
b. Storage facilities;
c. Hidden compartments in vehicles;
d. Concealed or hidden rooms or storage compartments within the residence or other building or structure where controlled substances are being sold;
e. Safes;
f. Hidden compartments in everyday household products, such as soft drink containers, food containers or spray cans.
12. Individuals involved in the trafficking of controlled substances generally attempt to conceal any paper trail of financial transactions of the illegal enterprise through the extensive use of currency and through the use of money orders, prepaid gift cards, debit cards and credit cards and by placing assets in false names or in the names of relatives, friends and associates.
13. Individuals involved in the trafficking of controlled substances sometimes use video surveillance equipment to observe, from inside a residence, building or other structure, anyone who might attempt to approach such residence, building or other structure.
14. Individuals involved in the trafficking of controlled substances sometimes use computers in the course and conduct of such illegal enterprise.
15. Individuals involved in the trafficking of controlled substances generally do not file income tax returns. However, if such individuals do file income tax returns, such income tax returns generally contain false or incomplete information.
16. Individuals involved in the trafficking of controlled substances sometimes travel outside of Marion County and/or outside of the State of Indiana in furtherance of their illegal enterprise, to obtain controlled substances, to pay for controlled substances, or to transport or spend the proceeds of the sales of controlled substances.
17. After numerous parcel investigations and specific training in detection of suspicious parcels and controlled deliveries of parcels containing controlled substances, this Affiant has learned that narcotics dealers who use parcels to transport their narcotics commonly use several techniques to hide their identity and the location of their residences, businesses, and or stash houses from law enforcement officers. The manner of delivery used by narcotics traffickers is an attempt to lower the risk of identification and detection by law enforcement officers; this includes the following:
a. Parcels are often sent express or overnight delivery. Many narcotics traffickers and their associates will not accept parcels after a certain time, as they know commercial parcel companies guarantee their parcels will be delivered by a certain time. Traffickers will be hesitant to accept a parcel that is late, suspecting law enforcement involvement.
b. Parcels containing controlled substances will commonly be disguised to look like normal parcels, will be packaged to blend in with other parcels, and will commonly have the controlled substance packaged in a manner to avoid detection by a canine trained to detect the odor of controlled substances. For example, the traffickers will often seal the parcel with excessive tape to prevent the odor of controlled substances to leak from the parcel. Inside of the parcel, traffickers will commonly include in the parcel, or seal the narcotics with, air fresheners, dryer sheets, axle grease, and or other items to prevent detection by a canine trained to detect the odor of controlled substances.
c. The names on the parcel, including the sender’s name and the recipient’s name, are often false names, to help hide the traffickers’ true identity from law enforcement officers.
d. Parcels containing controlled substances are often delivered to a location other than the narcotic trafficker’s residence, such as a vacant house, unknown residence, co-conspirator’s residence, relative’s friend’s residence, or business.
e. Co-conspirators will accept the parcels, on behalf of the main narcotics trafficker, often for money or narcotics. After receiving the parcel, they will contact the narcotics trafficker, who will make arrangements to get the parcel. This is done to lower the risk of the main narcotics trafficker being caught or identified by law enforcement officers.
f. Traffickers will choose locations for parcel deliveries where they know nobody will be present to accept delivery. Narcotics traffickers know private parcel companies will leave the parcel at the front of the residence. Narcotics traffickers or their associates will then pick up the parcel after it has been delivered and will take it to another location where the narcotics trafficker operates their illegal activities.
g. The parcel is often taken to another location by associates or the drug trafficker.
The information that is set forth below in this Search Warrant Affidavit is either information known personally to me, information that I obtained from other law enforcement sources, information obtained from public records, or information from a source otherwise identified in this Search Warrant Affidavit.
THE INVESTIGATION
This affiant swears or affirms that I believe and have good cause to believe that the following described property will have controlled substances within at a certain time in the future. The property, DELIVERY ADDRESS, INDIANAPOLIS, MARION COUNTY, INDIANA, ZIP CODE, hereinafter referred to as (“THE PROPERTY”) is described as follows:
3433 CENTRAL AVENUE, INDIANAPOLIS, INDIANA IS A 3 STORY APARTMENT BUILDING. APARTMENT C100 IS LOCATED ON THE SOUTH END OF THE APARTMENT BUILDING. THE APARTMENT IS RED BRICK WITH A WHITE DOOR, THE WINDOWS HAVE WHITE TRIM, THE NUMBERS "C100" IN WHITE LETTERS ON A BLACK PLATE ARE LOCATED ON THE NORTHSIDE OF THE MAIN ENTRY DOOR. THE MAIN ENTRY DOOR IS LOCATED ON THE EASTSIDE OF THE BUILDING.
This Affiant bases his belief on the following information that I either have personal knowledge of or received from other law enforcement officers who had personal knowledge of the events:
On DATE OF PARCEL WARRANT, a Search Warrant for Parcel was obtained, under cause number CAUSE NUMBER OF PARCEL WARRANT, to open the following described parcel(s) (hereinafter referred to as “THE PARCEL(S)”):
SENDER:
ADDRESSED TO:
PARCEL(S) DESCRIPTION:
which was found en route via a private parcel company.
Upon serving that warrant on DATE, law enforcement officers opened THE PARCEL(S) and found that it contained controlled substances, specifically TYPE OF NARCOTICS. This affiant knew the substance to be marijuana based on my training and experience as a law enforcement officer. I was exposed to the sight and odor of both raw and burned marijuana at the training academy and have participated in hundreds of arrests for marijuana. I immediately knew, based on this training and experience with the sight and odor of marijuana, that the substance inside of the parcel was marijuana. OR: I transported such suspected NARCOTICS to the IMPD Property Room for analysis. The suspected NARCOTICS was then spot tested by a trained technician at the IMPD Property Room. The technician advised me that the suspected NARCOTICS tested positive for NARCOTICS. After determining the contents, law enforcement officers resealed THE PARCEL(S).
TRIGGERING EVENT OF ANTICIPATORY SEARCH WARRANT
Law enforcement officers with the Indianapolis Metropolitan Police Department Criminal Interdiction Unit made the necessary arrangements to make a controlled delivery of THE PARCEL(S) using law enforcement officers from the local police agency in the area of the delivery address, that address being DELIVERY ADDRESS, INDIANAPOLIS, MARION COUNTY, INDIANA , ZIP CODE. This Affiant expects that such delivery will be made on DATE OF DELIVERY, at approximately 12:00 P.M. by a law enforcement officer acting in an undercover capacity. This Affiant expects that THE PARCEL(S) will be accepted by a person identifying himself/herself as NAME OF RECIPIENT or an authorized agent of NAME OF RECIPIENT.
If there is no answer at the door, THE PARCEL(S) will be left at the front of THE PROPERTY, consistent with how parcels are left by private delivery companies. This Anticipatory Search Warrant will not be served if the parcel does not enter DELIVERY ADDRESS, INDIANAPOLIS, MARION COUNTY, INDIANA, ZIP CODE.
Law enforcement officers will maintain surveillance on THE PARCEL(S) and DELIVERY ADDRESS, INDIANAPOLIS, MARION COUNTY, INDIANA, ZIP CODE after THE PARCEL(S) is delivered and/or received. After the delivery is made, and THE PARCEL(S) enter THE PROPERTY, more particularly described above and below, this Affiant believes, and has good cause to believe, that probable cause will exist that there is a controlled substance, that is: TYPE OF NARCOTIC, inside of THE PROPERTY at DELIVERY ADDRESS, INDIANAPOLIS, MARION COUNTY, INDIANA, ZIP CODE which would constitute evidence of a crime under the Indiana Uniform Controlled Substances Act.
Further, this Affiant is requesting permission to equip said parcel with an electronic signaling device designed to aide and alert officers in the event the parcel is opened and/or moved, as well as a GPS tracking device and to obtain, store and print any and all data collected and transmitted by the GPS tracking unit and the electronic signaling device placed inside. The electronic transmitter will alert law enforcement officers when the parcel is opened. The transmitter does not transmit voice, only different tones to alert law enforcement officers that the device is working, is moving, and when the parcel is opened. This Affiant knows, based on training and experience, that individuals involved in the trafficking of controlled substances through third-party shippers will often use vacant houses for delivery of the parcel and then drivers will move the parcel to another location. The electronic signaling device and GPS unit will assist law enforcement in monitoring the movement of the parcel.