THE
STATE
OF
TEXAS WARRANT#:
______
_
H
COUNTY
OF
DALLAS
H
COURT:
eR..J
m
.
D
/;)f.
t!-T.
~
..3
AFFIDA
VIT
FOR
SEARCH WARRANT
BEFORE ME, THE tJNDERSTGNED AUTHORITY, PERSONALLY APPEARED THE
AFFTANT
HEREIN, A PEACE OFFICER UNDER THE LAWS
OF
TEXAS, WHO
BETNG
DULY SWORN, ON OATH MADE THE FOLLOWTNG STATEMENTS:My name is John Knight #918 and
f
am
a commissioned peace officer by the State " fTexas andCity
of
Rockwall Police Department, and I am currently assigned to the Rockwall :'oJiceDepartment Narcotics Unit.
1.
There
is
in
Dallas
County
a suspected place and premises described and located
a~:
[onows:A business named
LOST SOCIETY,
located at 2008 Greenville Avenue, Dallas, :::allas County,Texas 75206. This business
is
a night club, that is open to the public and serves ak:lholic beveragesand offers entertainment and dancing to patrons. There
is
a sign affixed to the
buil<i
ing
whichidentifies the property as "LOST SOCIETY". The building is
an
adobe fattade witt! multi-windowfront area and wrought iron ornate fencing on the front door. Also affixed to the
frOllt
entry doorsare the numbers 20-8. One
of
the zero's is missing
on
the front entry door.
2.
There is
at
said suspected place and premises property concealed and kept
in viola1:i.)n
of
the laws
of
the State
of
Texas and described as follows:There
is
now being concealed certain property, namely contraband, proceeds from
.
andinstrumentality's and means for the perpetration of,
in
violations
of
the Texas Heal:h and SafetyCode, possession and distribution
of
controlled substances,
in
particular,
Methamphetamine
including, but not by way
of
limitation, hereinafter described as follows:
A.
Equipment, books, records, receipts, notes, ledgers and other papers relating to the transportation,ordering, purchasing and distribution
of
cOllU"olled
substance, in particular Methall:i phetam ine.
S.
Papers, tickets, notes, schedules, receipts, maps, charts, and other items relating to :Iomestic travel;C. Address and/or telephone books and papers reflecting names, addresses,
or
telephol1e numbers;
D.
Books, records,
receipt.<;,
bank statements and records, money drafts, letters
of
credit, money ordersand cashiers checks, receipts, passbooks, bank checks, deposit slips, safe deposit
bri\{
records andkeys, credit account statements, credit transaction documents, loan and mortgage c,:Jcuments,records showing
in
partnerships, ventures and corporations, records showing invesl ments, titles andregistrations for airplanes, boats and automobiles; and other items evidencing the (lbtaining,secreting, transfer, concealment and/or expenditure
of
money and assets;
E.
United States currency, precious metals, jewelry and financial instruments, includillg, but notlimited to, stocks and bonds;
F.
Photographs, in palticu tar, photographs
of
co-conspirators,
of
assets, and/or
of
connolledsubstances,
in
particular,
Methamphetamine.
G. Paraphernalia for packaging, cutting, weighing, using, and distributing Methamphdamine notlimited to scales, baggies,
SPOOI1S,
razor blades, pipes, other smoking apparatus,
aul
cuttingagents;Fireanns and other weapons; which are being concealed
in
violation
of
the Texas r:;:alth andSafety Code, and as I
a111
satisfied that there
is
probable cause to believe that the
PI'
:tperty sodescribed
is
being concealed
on
the person or premises above described and the grounds forapplication for issuance
ofthe
search wan-ant exist as stated
in
the supporting
affi<l:lvit.
"
.
Cellular telephones that contain contact names, contact numbers, text messages, e-mails,photographic images, address books, calendars, and any other forms
of
communic.~tion.
3. Said suspected place and premises were
in
the charge
of
and controlled by each of the followingperson(s):ROSALES,
Fernando
W
1M
DOB-01
127/1982
Texas
DL
#02543217
4.
It
is
the belief
of
the Affiant, and
he
hereby charges
and
accuses, that:
Rosales,Fernando
is
currently
in
possession
of
contraband, pl'Oceeds from, and instrumentality'sand means for the perpetration of,
in
violations
of
the Texas Health and Safety Code, possessionand distribution
of
controlled substances,
in
particular, Cocaine.
5.
Affiant has probable cause for said beliefby reason
of
the following facts:Your affiant, Sergeant
John
knight has been employed with
the
Rockwall Pol
ice
Department
for approximately 20 years. During
that
time, Affiant
has
worked different
a~i!iignments
in
the Department and currently
is
assigned to
the
Narcotics Division.
Your
Affiant has beeninvolved in various investigations
that
involved
drug
sales
and
distribution
induding:
Methamphetamine, Heroin, Cocaine,
Marijuana,
MDMA,
and
other
Danger("lS Drugs.
As
a
member
ofthe
Narcotics Division,
your
Affiant has been involved in surveillallces
of
knownnarcotics locations
andhas
observed first hand, the actions
and
methods
of
st leet dealers
and
users in
their
transactions.
Your
Affiant's training has been
through
the Police
Training
Academy conducted
at
the
North Texas Council
of
Governments,
n
l'Ough
FieldTraining within
the
Rockwall Police Department, conducting investigations
ill
the NarcoticsDivision, assisting
other
agencies with investigations.
Your
affiant has
had dilect
contactwith
drug
users
and
dealers in the field and
has
personally observed narcotic: transactionsfirst hand.Based on my training, experience, and participation in
other
investigations ifl"olvingcontrolled substances,
I
know:
A.
That drug traffickers must maintain,
on
hand, large amounts
of
United States Currency
in
orderto maintain and finance their ongoing drug business;B. That drug traffickers maintain books, records, receipts, notes, ledgers, and
oth,!I'
papers relating
to
the transportation, ordering, sale, and distribution
of
controlled substances,
evel,
though suchdocuments may be in code. That drug traffickers commonly "front" drugs (provid: controlledsubstances on consignment) to their clients. That the aforementioned books, recor:is, receipts,notes, ledgers, etc. are commonly maintained where the
d11.lg
traffickers have read:: access tothem, i.e., homes, offices, automobiles;
C.
That it
is
common
for
drug traffickers to secrete contraband, proceeds
of
drug
!Iales
andrecords
of
d11.lg
transactions, drug sources, and drug customers
in
secure locations withinresidences, offices, garages, storage buildings
and
safe deposit boxes for ready
aCI:'~ss
and also toconceal such items from law enforcement authorities;
D.
That persons involved in drug trafficking conceal caches
of
drugs, large amounls
of
currency,and other items
of
value and/or proceeds
of
drug transactions, and evidence
of
fin;;;ocial
transactions relating to obtaining, transferring, secreting, or spending large sums ol'money madefrom engaging
in
drug trafficking activities
in
their residences, offices, garages, sll)rage buildings,and automobiles;
E.
That drug traffickers usually keep paraphernalia for packaging, cutting, weigh
.ltg,
anddistributing controlled substances, and that such paraphernalia usually includes
s~,ringes,
prescription bottles, scales, plastic bags, heat sealers, and non-controlled
substance:~
used to cut ordilute drugs;
F.
That drug traffickers very often possess firearms and othel' weapons for the purpose
of
protecting their drug trafficking enterprise
ITom
the efforts
oflaw
enforcement auth)rities as wellas persons who might attempt to steal any drugs or money possessed by the drug
tr:
ffickers.
G.
That drug traffickers often utilize personal computers and computer equipment
,)
access theinternet, store drug literature, drug recipes, photographs, names
of
drug purchasers and otherdealers
as
well as to store financial infonnation in regards to drug transactions and
I
rends.
H.
That drug traffickers/other criminals utilize cellular telephones/telephclles and othercommunication devices to conduct narcotic transactions and negotiations, commUI' cate with otherassociates, co-conspirators and others to further their criminal activities.Based on your Affiants knowledge, training and experience, Affiant
kno',""s
that effectivesearches and seizures
of
evidence from computers, cellular
telephone~'1
storage drivescommonly require law enforcement to seize all
or
most items and then
e:J(Jlmine
them in acontrolled environment. This is based upon the following:
I.
Cellular telephones have advanced
in
technology and contain
stor8ji!'~
devices (SIMcards, internal memory, and removable memory cards) that can store an ir'lmense amount
of
information. When users desire to conceal criminal evidence, they often store theinfonnation
in
random order with deceptive file names.2. Computer and computer technology has evolved and is continually
c:I',anging.
Usershave been able to encrypt files that are stored on a computer to deter complete analysis
of
the infol1nation stored.3. This requires that searching authorities examine
all
stored data to detel'mine whether
it
is included in the search warrant. This sorting process can be time const;lling dependingon the amount
of
data stored. This would make it impractical to attempt this kind
of
thorough analysis on site at the time
ofa
search warrant execution or con:!':lnsual search.
4.
Searching cellular telephones/computer system for criminal evide'llce is a highlytechnical process, requiring a properly controlled environment. The vu,t array
of
filesand software available requires computer experts to specialize
in
diffen':1t systems andapplications to properly complete
an
accurate analysis and retrieval.1 know that possession
of
Methamphetamine
and possession
of
drug paraphernali
I
are violations
of
the Texas Health and Safety Code.
Probable Cause Narrative
On October 11,2011, Rockwall Narcotics Detectives, working on information gail' ed from areliable and corroborated DEA informant, had knowledge
of
a 3 kilogram metham
I
,hetaminedelivery
to
a location
in
Rockwall, Texas. Rockwall Narcotics Detectives set up su'veillance onthe Lost Society club located at 2008 Greenville Avenue, Dallas, Texas at 9:39am,
Imd
at that timeRockwall Narcotics Detective Donald Burns observed a Charcoal Gray 2011
Toyn:l
Camrybearing Texas License CS7-F519, at the rear
of
the business near the back door in
K}
alleyway. At9:50am, Rockwall Narcotics Officer Donald
Bums
observed a subject that had
be(;11
identified asFernando Rosales exit the rear
of
the business carrying a brown cardboard box with a white labeland placed
it
in
the trunk
of
the Toyota Camry. Fernando Rosales then entered the :lriver's side
of
the Toyota and left the location travelling through the alley onto Prospect
Avenue:,~le
was the soleoccupant
of
the vehicle. Mr. Rosales tumed onto Matilda Street and then onto
Ora:::1
Street.
Mr.
Rosales then turned from Oram Street onto Greenville Avenue and then travelled
:!I:JUth
to Munger
Search History:
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Affidavit for Search Warrant / Rockwall PD / Lost Society- 10-11-11
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