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 )
SEARCH WARRANT AFFIDAVIT
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.
Based upon my training and experience, 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.
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 investigation commenced when I received information that TYPE OF NARCOTIC was being SOLD/USED/STORED at the residence located at ADDRESS, Indianapolis, Marion County, Indiana, ZIP CODE.
On DATE, I conducted a “knock-and-talk” investigation at the residence located at ADDRESS, Indianapolis, Marion County, Indiana. To reach the main entrance, I used the public sidewalk to get to the front door of the residence located at ADDRESS, Indianapolis, Indiana, and knocked on the door. When NAME OF OCCUPANT answered the door to the residence, I identified myself as a police officer and I asked NAME OF OCCUPANT for permission to enter the residence. NAME OF OCCUPANT invited me into the residence.
Immediately upon entering the residence located at ADDRESS, I detected the strong odor of what was immediately apparent to me to be burned/raw marijuana inside of the residence. Through my training and experience as a law enforcement officer, I have become familiar with the odor of marijuana. 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 odor inside of the residence was burned/raw marijuana.
OR
Upon approaching the residence located at ADDRESS, Indianapolis, Indiana, I could smell the strong odor of what I immediately knew to be the odor of burning/raw marijuana coming from the residence. Through my training and experience as a law enforcement officer, I have become familiar with the odor of marijuana. 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 odor coming from the residence was burning/raw marijuana. This odor became more overwhelming as I approached the front door of the residence. After knocking on the front door of the residence, NAME OF OCCUPANT answered the door. As the door was opened, the odor of burning/raw marijuana was even more overwhelming as it came from inside of the residence located at ADDRESS, Indianapolis, Indiana. I identified myself as a police officer to NAME OF OCCUPANT and asked for permission to enter the residence…
OR
I entered the residence located at ADDRESS, and while standing in the main room of the residence with NAME OF OCCUPANT, I observed a substance, located LOCATION OF DRUG, that I recognized immediately to be TYPE OF NARCOTIC (or TYPE OF DRUG PARAPHERNALIA, an object which is used to introduce TYPE OF NARCOTIC into the body). Through my training and experience as a law enforcement officer, I have become familiar with the appearance of TYPE OF NARCOTIC (or TYPE OF DRUG PARAPHERNALIA). I was exposed to TYPE OF NARCOTIC at the training academy, was trained to recognize TYPE OF NARCOTIC by sight, and have participated in hundreds of arrests for TYPE OF NARCOTIC. I immediately knew, based on this training and experience, that the substance I observed LOCATION OF SUBSTANCE was TYPE OF NARCOTIC.
OR
After knocking on the front door of the residence, NAME OF OCCUPANT answered the door. As the door was opened, and while standing outside of the residence, I observed a substance, located LOCATION OF DRUG, that I recognized immediately to be TYPE OF NARCOTIC (or TYPE OF DRUG PARAPHERNALIA, an object which is used to introduce TYPE OF NARCOTIC into the body) inside of the residence. Through my training and experience as a law enforcement officer, I have become familiar with the appearance of TYPE OF NARCOTIC (or TYPE OF DRUG PARAPHERNALIA). I was exposed to TYPE OF NARCOTIC at the training academy, was trained to recognize TYPE OF NARCOTIC by sight, and have participated in hundreds of arrests for TYPE OF NARCOTIC. I immediately knew, based on this training and experience, that the substance I observed LOCATION OF SUBSTANCE, inside of the residence, was TYPE OF NARCOTIC. My observations were made while I was standing outside of the threshold of the residence. I identified myself as a police officer to NAME OF OCCUPANT and asked for permission to enter the residence…
I spoke with the occupant(s) of the residence, NAME OF OCCUPANT(S), read the Miranda and Pirtle warnings, asked if they understood their rights, and asked them if they consented to a search of the residence. NAME OF OCCUPANT(S) denied consent to search the residence.
Based upon the facts and circumstances set forth above, I believe, and have good cause to believe, that probable cause exists to believe that there is a controlled substance, that is: TYPE OF NARCOTIC, inside of the residence located at ADDRESS, Indianapolis, Marion County, Indiana, ZIP CODE which would constitute evidence of a crime under the Indiana Uniform Controlled Substances Act.
REQUEST FOR SEARCH WARRANT
Based upon the facts and circumstances set forth above, I hereby request that the Court issue a search warrant, authorizing law enforcement officers to search the residence located at ADDRESS, Indianapolis, Marion County, Indiana, ZIP CODE, which residence is more particularly described as follows:
The residence is part of a double residence located at 939 and 939 ½ Beville Avenue. The residence is the premises located on the north side of that double. The residence is a wood frame structure with blue siding and white trim and has a front porch. The numbers 939 ½ are affixed to the front of the residence to be searched.
Based upon the facts and circumstances set forth above, I hereby request that the Court issue a search warrant, authorizing a search of the residence particularly described above and authorizing law enforcement officers to search for and seize the following:
1. TYPE OF NARCOTIC;
2. United States currency;
3. Any and all 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 controlled substances, such as inositol, dorman, quinine and mannite;
4. Any and all papers, documents and other items of personal property that may aid in the identification of the individuals involved in the trafficking of controlled substances at the residence particularly described above or which may provide evidence of the connection of such individuals to the residence particularly described above. Such items would include the following types of items:
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. Any and all written ledgers of any kind, which indicate the identity of customers and suppliers of controlled substances and/or indicate whether money has been paid or remains owing for controlled substances transactions;
6. Any and all cell phones, pagers and other types of electronic communication equipment, as well as all billing statements, receipts or other documents relating to such communication equipment. This affiant is also requesting specific authority from the Court to search any such cell phones, pagers or other electronic communication equipment, either at the time of seizure or at any later time, for any historical data stored within such equipment, including voice messages, text messages, pictures, contact information and a history of contacts;