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AFFIDAVIT FOR SEARCH WARRANT

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AFFIDAVIT FOR SEARCH WARRANT Powered By Docstoc
					NOTE TO OFFICERS USING THIS TEMPLATE: All cases and all searches are different. This is a guideline only which includes everything but the kitchen sink. Without modification, it is likely too broad for the search you wish to undertake. Be sure that you read through this thoroughly and delete or modify all items necessary to make the warrant fit your case. Good luck! (Delete this paragraph!) AFFIDAVIT FOR SEARCH WARRANT
THE STATE OF TEXAS COUNTY OF DENTON § § **ENTER ADDRESS HERE** **ENTER CITY, COUNTY, STATE HERE**

The undersigned Affiant, being a Peace Officer under the laws of Texas and being duly sworn, on oath makes the following statements and accusations: 1. There is in Denton County, Texas, a suspected place and premises described as and located as follows: (**DESCRIPTION AND ADDRESS). 2. There is at said suspected place and premises the following item(s) which are implements or instruments used in the commission of a crime and, or items constituting evidence of a criminal offense or constituting evidence tending to show that a particular person committed a criminal offense: a. Computers, including personal computers, computer systems, central processing units, and computer peripheral devices, any electronic, magnetic, optical, electrochemical, or other high speed data processing and storage devices performing logical, arithmetic, or storage functions; data storage facilities (internal and/or peripheral) or media storage devices such as magnetic tape, hard disk drives, floppy disks, CD-ROM or scanner; b. Data stored within computers or other processing and storage devices, to include computer applications, images, text, programs, encryption routines and algorithms, or other data that may be decoded, reconstituted, or otherwise manipulated to produce, utilize, transmit, receive, encrypt, encode, or display such images, text, programs, encryption routines, and algorithms. c. Computer manuals, documents, logs and system documentation or instructional material including passwords, passphrases or other material whether handwritten, printed, or in book form, relating to such devices and printers. d. Modems, communications facilities directly relating to or operating in conjunction with such device; devices for printing records of data and such records or data produced in various forms; e. Electronic communications stored within computers or other processing and storage devices as e-mail. Such information and/or communications that may be in the form of electronic communications (such as e-mail) residing on any media (e.g., magnetic, optical or digital media). That information may include electronic communications

held or maintained in electronic storage by an electronic communication service or remote computing service, as those services are defined within 18 U.S.C. 2703. These communications are referred to herein as “stored communications”. These communications related to this case stored in the suspect’s computer or other electronic devices as e-mail. That federal law, which is part of the Electronic Communications Privacy Act, allows interception of such electronic communication pursuant to a search warrant. f. Printed copy(s) of electronic communications between suspect and conspirators, known or unknown. **OR** g. Printed copy(s) of electronic communications between suspect and other persons, known or unknown apparently interested in sexual relationships with children. **OR** h. Printed copy(s) of electronic communications between the suspect and undercover officer. 3. Said suspected place and premises are in charge of and controlled by each of the following persons: (**SUSPECT NAME/DOB HERE IF KNOWN**), and person or persons unknown to the Affiant. 4. It is the belief of the Affiant, and he hereby charges and accuses, that: ***SUSPECT NAME AND DOB HERE****, committed the offense(s) of a. Possession of Child Pornography, Texas Penal Code §43.26, a third degree felony; b. Promotion of Child Pornography, Texas Penal Code §43.26, a second degree felony; c. Criminal Solicitation of a Minor, Texas Penal Code §15.031, a third degree felony; d. Attempted Sexual Assault, Texas Penal Code §22.011(a)(2) e. Attempted Aggravated Sexual Assault of a Child, Texas Penal Code §22.021(a)(2)(B), a second degree felony. 5. Affiant has probable cause for said belief by reason of the following facts: a. Affiant is (**ENTER YOUR NAME AND QUALIFICATIONS HERE**) b. During the course of this investigation and preparation of this warrant, Affiant has consulted with an Investigator for the Denton County Criminal District Attorney’s Office, Denton, Denton County, Texas. The Investigator is responsible for the investigation of cases involving computers utilized in criminal activities. c. (**CONTINUE WITH PROBABLE CAUSE HERE – REMEMBER THAT CHILD PORN WARRANTS SHOULD INCLUDE A SPECIFIC DESCRIPTION OF THE SEXUAL CONDUCT BEING DEPICTED, WHICH MAY BE ANY OR ALL OF: (1) ACTUAL OR SIMULATED SEXUAL INTERCOURSE,

(2) (3) (4) (5) (6)

DEVIATE SEXUAL INTERCOURSE, SEXUAL BESTIALITY, MASTURBATION, SADO-MASOCHISTIC ABUSE, LEWD EXHBITION OF THE GENITALS, ANUS, OR ANY PORTION OF THE FEMALE BREAST BELOW THE TOP OF THE AREOLA, (7) SEXUAL CONTACT.**) d. Based on your Affiant’s knowledge, training, and experience along with the experience of other law enforcement personnel with whom Affiant has consulted on this issue, your Affiant knows that data “erased” or unsaved can remain on a computer for some time after it is deleted and or viewed in slack or unallocated space. It will remain on the computer until such data is overwritten by another file which frequently does not occur for months. e. Based upon your Affiant’s knowledge, training, and experience along with the experience of other law enforcement personnel with whom Affiant has consulted on this issue, your Affiant knows that effective searches and seizures of evidence from computers commonly require law enforcement officers to seize most or all computer items (hardware, software, and documentation) and then process these items later in a controlled laboratory environment which may be in a County other than that in which the material was seized. This is true because of the following: 1. Computer storage devices (hard disks, diskettes, tape, and removable drives) can store the equivalent of thousands or millions of pages of information. When users desire to conceal criminal evidence, they often store the information in random order with deceptive file names. Directories and subdirectories that contain these files can also be electronically hidden from normal view. Special forensic software is required to detect these hidden directories. This requires that searching authorities examine all the stored data to determine whether it is included in the search warrant. This sorting process can take weeks or months, depending on the volume of data stored. This would make it impractical to attempt this kind of forensic analysis on site at the time of search warrant execution. 2. Searching computer systems for criminal evidence is a highly technical process requiring expert skills in a properly controlled environment. The vast array of computer hardware and software available requires even computer experts to specialize in some systems and applications. It is difficult to predict before a search which expert should analyze the system and its data or which facility would be best suited to that analysis. 3. The search of a computer is an exacting scientific procedure which is designed to protect the integrity of the evidence and to recover even hidden, erased, compressed, password protected, and/or encrypted files. Since computer evidence is extremely vulnerable to tampering or destruction from both external sources or from destructive codes imbedded in the system in the form of a “booby trap,” the controlled environment of a forensic laboratory is essential to its complete and accurate analysis and retrieval. 4. In order to fully retrieve data from a computer system, the forensic analyst needs

all magnetic storage devices, as well as the central processing unit (CPU). In cases like this one, where the evidence consists partly of graphic files, the monitor and printer are also essential to show the nature and quality of the graphic images that the system could produce. 5. In addition, the forensic analyst needs all the system manuals, directions, notes, passwords, software, encryption, encoding, archiving, unarchiving and security software (operating system, applications, and hardware drivers) which may have been used to retrieve, store, create, transmit, encrypt or encode the data. The Affiant seeks the above noted items to facilitate and affect search with minimal intrusion and to lessen the likelihood of damage to non-pertinent files or equipment. f. (IF DEFENDANT IS ATTORNEY/DOCTOR, ETC.) Affiant is aware that the suspect is an attorney and may use the computer(s) in his (office/home) to store information related to his representation of clients. Affiant has made arrangements to have the data contained on the computers copied promptly after the computers are seized so that any forensic examination can be conducted on the copies and the original computers can be returned to the suspect so as to minimize any interference with his practice. In addition, Affiant will work closely with the computer forensics personnel who will be conducting the search of the computers’ data so that the search can be narrowly tailored to locate data relevant to this investigation while minimizing any potential intrusion into the suspect's client files. Affiant understands that any client information which may be inadvertently revealed in the course of the search is protected by the attorney-client privilege and may not be repeated, disclosed, or utilized by Affiant in any manner.

g. (IF THE COMPUTER WAS USED AS AN INSTRUMENT IN COMMITTING A FELONY:) In addition, there is probable cause to believe that the computer and its storage devices, monitor, keyboard, modem, printer, as well as all internal and external storage devices are all instruments used in the commission of this crime and should be seized as such.

WHEREFORE, based on the facts, circumstances, the training of Affiant and the information noted in this document, Affiant asks for issuance of a warrant that will authorize him to search said suspected place and premises for said personal property and seize the same.

AFFIANT Subscribed and sworn to before me by said Affiant on this the __________day of ____________________, 20___.

DISTRICT JUDGE, DENTON COUNTY, TEXAS

SEARCH WARRANT
THE STATE OF TEXAS COUNTY OF DENTON § § ENTER ADDRESS HERE ENTER CITY COUNTY AND STATE HERE

THE STATE OF TEXAS to the Sheriff or any Peace Officer of Denton County, Texas, or any Peace Officer of the State of Texas, GREETINGS: WHEREAS, the Affiant whose signature is affixed to the Affidavit appearing on the reverse hereof is a Peace Officer under the laws of Texas and did heretofore this day subscribe and swear to said Affidavit before me, and whereas I find that the verified facts stated by Affiant in said Affidavit show that Affiant has probable cause for the belief he expresses therein and establishes the existence of proper grounds for the issuance of this Warrant: NOW, THEREFORE, you are commanded to enter the suspected place and premises described in said Affidavit and to there search for: (COPY THE INFORMATION CONCERNING THE MATERIAL YOU’RE SEARCHING FOR FROM THE AFFIDAVIT PARAGRAPH 2A ET SEQ AND PUT IT HERE – REQUIRED UNLESS YOU WANT TO LEAVE A COPY OF THE AFFIDAVIT WITH THE SUSPECT.) and to seize the same and bring it before me, and with regard to such computers, computer systems, or data storage devices, to transport the same to a secure location anywhere in the State of Texas and, there, to Search therein and Seize. Herein fail not, but have you then and there this Warrant within three days, exclusive of the day of its issuance and exclusive of the day of its execution with your return thereon, showing how you have executed the same. ISSUED AT o'clock M., on this the ____________ day

of _____________________, 20________to certify which witness my hand this day. DISTRICT JUDGE, DENTON COUNTY, TEXAS

RETURN AND INVENTORY
THE STATE OF TEXAS COUNTY OF DENTON § § ENTER ADDRESS HERE ENTER CITY COUNTY STATE HERE

The undersigned Affiant, being a Peace Officer under the laws of Texas and being duly sworn, on oath certifies that the foregoing Warrant came to hand on the day it was issued and that it was executed on the _____ day of ____________________, 20______, by making the search directed therein and seizing during such search the following described personal property:

AFFIANT SUBSCRIBED AND SWORN to before me, the undersigned authority, on this the _________ day of ___________________, 20_______.

Notary Public in and for Denton County, Texas


				
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