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IN THE THIRD DISTRICT COURT SAL T LAKE DEPARTMENT IN AND FOR SAL T LAKE COUNTY STATE OF UTAH
STATE OF UTAH County of Salt Lake :ss )
COUNTY OF SAL T LAKE, STA TE OF UTAH TO ANY PEACE OFFICER: Proof by Affidavit under oath having been made this day before me by DETECTIVE DARRELL DAIN, I am satisfied that there is probable cause to believe: THAT owned, maintained, controlled, or 0 rated
Specific location of items to be seized: See Attachment A Description of items to be seized: See Attachment B And that said property or evidence: Was unlawfully acquired or is unlawfully possessed; or Has been used to commit or conceal a public offense; or Is being possessed with the purpose to use it as a means of committing or concealing a public offense; or Consists of an item or constitutes evidence of illegal conduct, possessed by a party to the illegal conduct.
YOU ARE THEREFORE COMMANDED: To make a search of the above-named or described premises for the herein-above described property or evidence, and if you find the same or any part thereof, to bring it forthwith before me at the THIRD DISTRICT COURT - SALT LAKE DEPARTMENT, County of Salt Lake, State of Utah, or retain such property in your custody, subject to the order of this court. GIVEN UNDER MY HAND and dated this 16th day of December, 2009.
THIRD DISTRICT COU , IN AND FOR SALT LAKE COUN STATE OF UTAH
JUDGE PRINTED NAME
IN THE THIRD DISTRICT COURT - SALT LAKE DEPARTMENT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH
AFFIDAVIT IN SUPPORT OF SEARCH WARRANT
STATE OF UTAH
County of Salt Lake )
THE MATTER OF THE SEARCH OF INFORMATION ASSOCIATED WITH Case No. ~Q890.L...>00.L..._l.
DAIN, being first duly sworn, hereby depose and state as follows:
I make this affidavit in support of an application for a search warrant for
information associated with certain accounts that is stored at premises owned, maintained, controlled, or operated by
The information to be searched is described in the following paragraphs and in Attachment A. This affidavit is made in support of an application for a search warrant under to require
I am a Police Officer with the West Valley City Police Department, and have
been since 1995. Your affiant is currently assigned as a Detective to the Investigations Division, Major Crimes Squad. Your affiant has been given the responsibility to investigate violent crimes occurring in West Valley City and the State of Utah. Your affiant has received training in police investigations to include but is not limited to, deaths, sex offenses, violent crimes against people, property offenses and general crime scene investigations. Your affiant has attended multiple
trainings and received detailed instruction in computer investigations relating to violent and narcotic related crime. In addition, your affiant has previously served as an undercover Detective investigating drug crimes in Utah and other areas of the United States. Your affiant has been a sworn task force member of the Federal Agencies DEA and HUD-OIG with assigned duties of performing undercover operations in relation to illicit narcotic activity within the United States and the State of Utah. Furthermore, your affiant has been assigned to a gang unit working HIDT A determined Weed and Seed areas enforcing gang and drug statutes. Your affiant has received extensive training to perform the described duties. Your affiant has received specific and detailed instruction related to cell phone technology and computer crime related investigations as they pertain to violent and narcotic related felonies from the Public Agency Training Council (PATC); Bureau of Alcohol, Tobacco, Firearms and Explosives (BA TF) 2
Project Safe Neighborhood;
Drug Enforcement Administration (DEA) - Special Operations Exploitation Program; California Narcotic Officer
Division - Internet Telecommunications
Association (CNOA); California Department of Justice - Bureau of Narcotic Enforcement (DOJBNE); and the Clandestine Lab Investigators Association (CLIA). 3. The facts in this affidavit corne from my personal observations, my training and
experience, and information obtained from other officers and witnesses. This affidavit is intended to show merely that there is sufficient probable cause for the requested warrant and does not set forth all of my knowledge about this matter.
PROBABLE CAUSE 4. Your affiant advises the court that Susan Powell (hereinafter referred to as
the victim or daughter) was reported missing on December 7, 2009. She was last seen approximately 5:00 pm on December 6, 2009, by Jovanna Owens, a family friend. The victim was reported missing on December 7, 2009, by a daycare provider when the victim and her children did not show up Monday morning for scheduled care. This fact was also verified by the victim's mother in law, Terrica Powell. Terrica also advised that in addition to the victim, the victim's husband, Joshua Powell, and their two small children ages two (B.P) and four (C.P.) were also gone. Law enforcement was able to verify that neither Joshua nor Susan had arrived at their respective jobs on Monday, December 7, 2009.
In the late afternoon of Monday, December 7, contact was finally made with Joshua Powell on his cell phone by his sister Jennie using her cell phone. At his sister's inquiry regarding his missing status he advised that he had been driving around the Salt Lake area, and he was going to pick up the victim at her work. She advised him that law enforcement was involved and that he needed to speak with Detective Maxwell of the West Valley City Police Department. Attempts by Detective Maxwell to call Joshua on his cell phone identified as and provided to Maxwell by Joshua's sister Jennie, were
unsuccessful until Maxwell called utilizing the previously mentioned cell phone belonging to Jennie. Upon contact by Detective Maxwell, and subsequent requests to respond to his residence, Joshua advised that he had some things to do including getting food for his children. Approximately one hour later at 6:30 pm, Joshua arrived at his residence accompanied by his children, but he was without the victim. During an interview, Joshua told Detective Maxwell he did not know where his wife was, and that he had not seen her since Sunday night when he went camping. Joshua advised Maxwell that on Sunday night he decided to go camping with his two children on the Pony Express Trail South and West of Cedar Fort, Utah, and that they left at approximately 12:30 AM to 1:00 PM hours on Monday morning without the victim. At Maxwell's expression of interest regarding the timing and involvement of his two small children in this event during extreme weather, Joshua stated that he went anyway in order to test a new generator. With further questioning regarding the timing and lack of communication with anyone including his work, he stated that he was confused and didn't know it was Monday. After he realized he had taken the trip on Monday instead of
Sunday, he believed that due to the mix up he had most likely had been fired and made no attempt to report to or contact his work. Maxwell advised your affiant that during his initial interview, Joshua stated that he did not know where his wife was, and he did not appear to have any concern at this time for her welfare. During a consent search of the victim's residence at the time of this interview, two fans blowing on the front room carpet and couch areas were observed. Joshua advised that he had just cleaned the couch and carpet on Sunday prior to leaving for the camping trip. A subsequent search warrant at this residence revealed the presence of human blood During this same search warrant, the victim's purse was also located which contained all the victim's personal items other than her driver license. The victim has no history of spontaneously leaving home without contacting family, friends, or co-workers. Three of the victim's co-workers were contacted by Detective Cook of the West Valley Police Department who advised that they had not heard from the victim since the previous work week, this was not normal. All advised they were very concerned for her welfare. The co-workers advised Det. Cook that the victim had told them that if anything ever happened to her, she had a file for them to give to the police. Detective Cook did obtain this file
Your affiant advises the court that an interview of the four year old child (C.p.)'was. conducted at the Children Justice Center by Detective Waelty of the West Valley City
Police Department, Special Victim Unit. This child confirmed the camping trip on Sunday night, but also stated that the victim had gone with them but decided to stay there and not come home. Your affiant was able to contact two neighbors in the same circle as the Powell residence. AU stated that they did not have any knowledge of the victim's whereabouts, and all were adamant that the victim would never leave without her children. All professed to have knowledge of the victim's numerous marital problems with Joshua, and indicated that her disappearance is highly unusual. The identity of the neighbors is known to your affiant and available to the court. Your affiant made contact with
Your affiant was in contact
The identities of these persons are known to your affiant and available to the court.
Your affiant made contact with Richard and Judy Cox (father and mother of the victim) in Washington State. Richard confirmed to your affiant personal discussions with his daughter regarding past marital discord between the victim and Joshua. Richard detailed a mentally abusive and controlling environment which prevented social interaction between the victim and others. He also indicated his daughter's desire to work through these problems and save her marriage and family.
As indicated, on December 8, 2009, the suspect in the disappearance of Susan Powell was interviewed by Det. Maxwell. During this interview, the suspect provided his cellular phone to Det. Maxwell.
CONCLUSION 13. Based on my training and experience, and the facts as set forth in this affidavit,
there is probable cause to believe that on the computer systems in the control there exists evidence which is relevant and material to an ongoing criminal investigation, and to the crimes of unlawful detention, kidnapping, and/or homicide. Accordingly, a search warrant is requested .
REQUEST FOR SEALING 16. It is respectfully requested that this Court issue an order sealing, until including further order of the Court, all papers submitted in support of this application, the application and search warrant. I believe that sealing this document
because the items and information investigation,
to be seized are relevant to an ongoing criminal
and that not all of the targets, sources, or items involved in this investigation 13
will be searched at this time. Based upon my training and experience, I have learned that persons actively search for criminal affidavits and search warrants via the internet and other methods, and they disseminate them to other persons as they deem appropriate, e.g., by posting them publicly online through the carding forums or hard copy. Premature disclosure of the contents of this affidavit and related documents may have a significant and negative impact on the continuing investigation and may severely jeopardize its effectiveness .
18. This warrant has been reviewed by Deputy District Attorney Sandi Johnson of the
Salt Lake County District Attorney Office, and it has been approved for presentation to the court.
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