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Burglary Example

Burglary Example

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Published by Shawn Freeman
Example has night time service language
Example has night time service language

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Categories:Topics, Art & Design
Published by: Shawn Freeman on Mar 09, 2011
Copyright:Attribution Non-commercial

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11/26/2012

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Statement of Probable CausePage
This is an example of a burglary search warrant with the suspect already in custody, or one that would be based off of an officers ( the affiant) observations. Two paragraphsregarding nighttime service is included. Standard ³boiler plate´ language is also includedregarding the seizure of cell phones and computers.On January 9, 2010 at 9:30 PM, your affiant was notified that VictorCrook wasarrested for the crime of residential burglary, under San Luis Beach Police Departmentreport number 10-0546. VictorCrook was suspected for involvement in three differentand separate burglaries within the last month in the City of San Luis Beach. Your affiantwas aware of these burglaries, as they were summarized in a San Luis Beach PoliceDepartment Crime Analysis Unit briefing report, number 10-002, which is attached tothis search warrant as reference (Exhibit 1). This Crime Analysis Unit report list four residential burglaries (three completed, one attempt), under the following report numbers:#10-341 (Exhibit 2); 10-367 (Exhibit 3); 10-461 (Exhibit 4) and 10-482 (Exhibit 5).Your affiant was notified by Officer H. Adams, San Luis Beach PoliceDepartment, that VictorCrook was stopped by San Miguel Beach Police Department after a police broadcast was made of an attempt burglary at 501 Wave Avenue in San LuisBeach. The information in the broadcast included a suspect description, property thatsuspect was carrying (specifically a black nylon bag and a ³blow torch´) and descriptionof suspect VictorCrook¶s vehicle along with a partial plate of 3ASP for suspect¶s vehicle.VictorCrookwas in possession of a small propane torch (³blow torch´)a black nylon bagand gloves in his vehicle. VictorCrook matched the description given in the broadcastand VictorCrook¶s vehicle plate is 3ASP085. A field show up was completed by Officer Adams, where the victim¶s identified VictorCrook as the same person that was at thefront door of the location (501 Wave Avenue, San Luis Beach), attempting to gain entryby using a ³blow torch´. The victims were also to identify VictorCrook the clothingworn by VictorCrook, the ³blow torch´ and the vehicle being driven by VictorCrook.VictorCrook was then arrested for suspicion of residential burglary.
 
 
Statement of Probable CausePage
Your affiant contacted VictorCrook at the San Luis Beach Police Department Jailwith Detective Eric Arrestar. Your affiant read VictorCrook his Miranda warnings fromSan Luis Beach Police Department form #245. A copy of this form is attached asreference (Exhibit 6). VictorCrook understood his Miranda rights and agreed to talk with detectives. Your affiant told VictorCrook that I (Sgt. Joe Officer) wanted to getback the victims property that VictorCrook had stolen. VictorCrook was verycooperative and spoke with your affiant and Detective Arrestar and agreed to help getback property taken.Your affiant showed VictorCrook the first page of the Crime Analysis Unitbulletin and told VictorCrook that these were the burglaries that I was interested ingetting property back from. I read the list of stolen items from San Luis Beach Policereport #10-0341.VictorCrook was aware of the property taken as listed in this crimereport, and told your affiant that most, if not all of the property was currently at hisresidence at 1805 Seaweed Drive, unit #A, San Miguel Beach. One of the watches thatwere listed in this report was also being worn by VictorCrook at the time of his arrest.Your affiant was notified by Officer Jefferson (San Luis Beach PoliceDepartment) that during a search of VictorCrook¶s vehicle, vehicle keys belonging to thevictim (Sally Washington) from San Luis Beach Police report number #10-0367 werefound in the vehicle.Your affiant went through the other listed crime reports and asked VictorCrook about the property taken from the residences. VictorCrook told your affiant that some of the property was at his Seaweed address, some had been pawned, some had been thrownaway, some had been traded for narcotics, other property is at an apartment unit thatVictorCrook is currently refurbishing and some property he stored at an apartmentcomplex. VictorCrook told your affiant that his mother owns apartment complex¶s in theSouth Bay area of Los Angeles, and that his regular work is conductingmaintenance/managing these apartment units. VictorCrook told your affiant that t he hasaccess to these units as a result of being the manager/maintenance person for these
 
 
Statement of Probable CausePage
apartment complex¶s. VictorCrook said that his apartment unit is one of the apartmentcomplexes that his mother owns.Your affiant was told by VictorCrook, that he has a gambling and narcoticaddiction and these were the motives for his burglaries. VictorCrook said that he woulduse the propane torch to heat up the glass, as it does not make noise, and when the glasswould break out, he would then reach in and enter the residence. VictorCrook onlycommitted these crimes when he felt certain that no one was home. VictorCrook wouldknock or ring the door bell, and sometimes leave a piece of mail propped up against thefront door. VictorCrook would check about five minutes later to see if the piece of mailwas still propped up against the door, if so, this would give VictorCrook certainty that noone was home, and he would then break in. VictorCrook said he only took items (i.e.jewelry, watches) that were easily cancelable and did not ransack the locations.During this interview with VictorCrook, it was learned that there were at least twoother residential burglaries reported in the City of San Miguel Beach. VictorCrook took responsibility for these burglaries. Your affiant did not have a copy of a police report toask VictorCrook what property is where from these San Miguel Beach residentialburglaries.Detective Arrestar went with VictorCrook, who showed Detective Arrestar his(VictorCrook¶s) apartment at 1805 Seaweed Drive, Unit #A, San Miguel Beach.VictorCrook had a front door key to this unit. VictorCrook also showed DetectiveArrestar the storage closet at 1800 San Miguel Avenue. 1800 San Miguel Avenueapartment complex is owned by VictorCrook¶s mother. VictorCrook told DetectiveArrestar that he is the manager for this apartment complex and VictorCrook had a keythat fit the closet storage door.VictorCrookalso had a key to the apartment unit at 110 34
th
 Street, San MiguelBeach. VictorCrook said that his mother is the owner of the apartmentcomplex at 110 34
th
Street, San Miguel Beach, and that this is the apartment that he iscurrently refurbishing.

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