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Affidavit

Affidavit

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Published by BadPhoenixCops
The Affidavit
The Affidavit

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Published by: BadPhoenixCops on Jul 02, 2009
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02/04/2013

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AFFIDA
VIT
FOR A SEARCH WARRANT
I
NO.
S~
Uo1"
0030';6 
f
SWlJl
o
'f-tJ0JO&1
prw~~i(.
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Utt>e-tn'S1-tt>'ij
Y O U R . A F F IA N T D etective
'Theron
QUlW
*6457.
a
Peace
O fficer in the S tate of A rizona, being
fifSl
duly
sw orn,
Ilpon
oath.
deposl'S
and
says:
that between 07/15/2008
a11d
0210012009.
in
the County
of 
Maricopa.
State of Arizona, a yJoJalion of the following; Takine Identity of Another Person (A.R.S. l3-2008.A.. a
class 4
felony);
ComputeI;'
Tampering
(ARS.
13-2316.A.5,
a
class
5
felony); Theft-Controls
Property of Another witb tbe Intent to Deprive the
Orbex:Person
of such
Property
(A.R.S. 13-1802.A.1, a
cllSS
i
misdemeanor); and Theft--Coolrols Property
o
Another Knowing or Having R~son to Know that theProperty
wM;
Stolen
(A.R.S.
13~lg02.A.S.
a
clus
t
misdemeanor)
hl!$ been committed.'THAT Tl!E AFFIANT has probable cause to believe that:
!8l
011
the penon of: Jeffrey
Michael
Pataky
$ :
.!
I [
3
2
,AnWUIl
Drivers License
t& I
on the prermse
known ~:
(Jeffrey
Michat:.l
Pataky residence). This premise is described as being a two story single family house comprised of tanslnocO exterior and brown clay-tile roof; the front main
enlrance
is On the north side of the premise facingnorth. and with
an attoohed
two
car
garage
door
situattd
on the
oorthwesyorner
of' this
premise
.faci,.n
g
- __ ~~.~.~.•~~.~~. The numbers
&
22
2 l1 J 2 d
2 . .
t ~
two car
garage
door. TIlls
pteJl'l.ise
is loc:ated on the
! .... . .. ~.~~
This
premise is located inside a private gated
community
known
as: _
r "
I'8l
on the person of: David "Dave" How~ Barnes
 j§3& ;
J i i
addressnn8
i
5
t
11\ 
with
a
listed
1 8 I
on thepremiseknownas: (DaveHowardBarnes
residence). This premise is described as being a
l.W o
story
single
family
house comprised of 
Wi
stucco
exterior
and
brown clay-tile roof. wiUrbrown
lrim;
the front
m ain
entrance is on the south side oftbe
premise facing soutb, and with an attached two car garage door situated on the southeast corner of !his
premise facing south
b .~.
b
The
numbers'"
are affixed to !:he
wan
an the east
side of th~e
t w o c a r . l i ~
e :or. In ~
~ani
of 
this
5mise
is a
white
planter. This premise is located
anlI -
~I·
ii'
H•
1ll
?. ~ ~
iil
the City of Pboeni~ County of Maricopa, State of Arizona,
thefe
is
now being pgssessed
or concealed
certain property, persQ.l'I$or things which
t8l
were stolen or embezzled
t 8 1
were used as a means for committing ~
pU blic: offen
I8l
is (ate) heing
~eli$ed
Wilh
the
intent to use as
II.
means of 
eommiuiog
a public offense
 
D
is
(1U$)
in the
pGssession
of _ to
w bo1l1
it
was
delivered
for
the
propose
of 
ooncealing
it
or
preventing
it
from being discovered
1 8 1
consutute(s) all)' f:"idence tending- to show that ~ lie offense has been cOmnUlIed, or
lending
to show
thatJ~)' Michael
Pataky
Arizona Driver's
License
Ii
b
with a listed
address: ~~~.~.
as committed the
offense
of Computer
T am pering
(A.R.S.13-2316A5
t
a class 5
felony);
and Theft·Controls
Propeny
of Another Knowing or
Having
Reason to
Know
mat the
Property was Stolen
(A.ItS.
13-1802.A.5
t
a
ciass 1 misdemeanor)
Davjd"Dave"HOWardBame.s_~
5 I
~alistedaddtess~
bas committed the
offense
of Taking Identity of 
A not.tIet
P erson
(A.R.S.
13·200S.A.
a class 4 felony); Computer
Tampering
(MS.
13-2316.A.S,
a
class
5 felony); and
Theft-COntrols
-Propelty of 
Another
wifh lhe
Intent to
Deprive
the
Other
Person of 
$IlCh
Property
(A.a.S.
13-1802.A.l. a class 1 misdemeanor.
 
That the following facts establish probable cause for believing
m at
grounds for
the issuance
of a ~
warrant for
th e afo rem en tio n ed
property. perrons
or
th in g s exist:
Between the dates 07115108 and 021912009CHECK. ONR: ~ The affiantleamed the following information in the following ~
o
The affiant received
information from alan
(confidential
infomumt) theinfQnmtion is
as
foUows:
~und:
I
J
Detective Tberon Quau
#64S7 
of the Phoenix
Police
Deparlment
Special
In v estig at,io m . D C laiI
have been
employed with
the
Phoenix
Police Depw:tlJltnt
for approximately
12)'CaJ'S,
yoW',mant
is
CllfrMtfy
assigned to Special
In v estig atio n s
Detail for the past
tw e1lty--tw o
montbs
an d
your
affian t's prim ary
responsibilities include investigating allegations of criminlll misconduct involving
police officers~
fire
tig h tel1l
and
an y
high profile
in v estig atio n s in v o lv in g
City
o
Phoenb employees. Your
affiant
served thefint four years as a patrol officer and has. been a detective since 1999. Your affumt was as~ as tile
Property Crimes Detective,
S]X'JJializing in
metal theft related crimes from Fe~rnary 2001
to
April 2007.
Your affiant
assisted
in criminal investigations involving Internet
Crimes
Against
Children.
Your affianthas attended and completed detective training class as required
by
the Phoenix Police Department.Arizona Revised Statues:Computer
tamgering(A,R,g.;
1~.2316IA.5l:. A
person
who acts without
aulh o rlty
or who exceedsauthorization of use
com m it,;
computer blmpering by; Recklessly
nsing
a
C O O 'lputer.com puter
system ornetwork to engage in a scheme or
co urse
(If
conduct
th at
is directed at another person and that seriouslyalarms. torments,
Ihreatens
Of 
terrorizes
the person. For the pmposes of this
pampph,
the conduct mustboth: (a.)
Cause.
reasooablc person to suffer substantial emotional distress and (b)
Se1'Ve I'lO
legitimate
purpose. Computtr tampering of this section is
l : l .
class 5 felony;
T1kinll
identity
o
another
pernon
or e.ntity
(A.R.S.:
13~2008.A );
A
person commits
taking the identity
o
llJl(Jtber penon oX"entity
jf
the
pmoo
knowingly
take.l;~
PUfc,l;lI~ses.
manufactures, records,
PQSSeS$e$or uses
any personal identifying information or entity identifying information
af
another person or entity, ineJuding
a real or fictitious person cr entity, withotrt the consent of that other person or entity, with the
in ren t
w
obtain
ot'
use the other person's
ot'
entity's identity
for 
any
unJaw ru
1 purpose or to
C < 'lli$e
loss to a person or
entity whether or not the person
Or
entity .actually
slfffi::rll
any economic lo$Sas
it.
result of the offense,
af 
with the intent to obtain
or 
continue employment. Taking the identity of another person or entity orknoWingly accepting Ih8 identity of another person is a class 4
!& lonY i
Theft
(A.&,$.: 
13-1802 ,A,l): A person commits theft
i~
withoullawfullluthority!
the
penron
knowingly:
Controls ptoperty of another with the intent to deprive the other perron of such property, Theft of any
property or services valued at less than one thousand doUm is a class
t
misdemeanor,
Thtill (AR.S.:
13.IS02.A.~l:
A
person contJcits
theft
jf,
without
lawful authority,
the
pttSOn
Ja)owingly:Controls property of another knowing or
having
reason to
bww
that the property was stolen. Theft of any
property or services valued at
=
!:ban one
lhouSMd
dollars is a
class
J
misdemeanor. ."f<;:mail
beadef~•
The text at the
b c;g b m in g o
some Internet e-mail
mesBagi:S.Itis
generated
by
the clientmail program that
ml
sends
it
and
by
all the mail servers en route to the destination. Each node adds
IIl.Ol'C
text, including
fromlto
ad~ subj~ content ~. time stamp and
idontifioation
data. 1'he pqth
o
the
message can be traced funn
60Urce
to
destin atio n
by
reviewing
the e.-mail header
textt

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