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 )

SEARCH WARRANT
Case Number: COUNTY OF SALT LAKE, STATE OF UTAH TO ANY PEACE OFFICER: Proof by Affidavit under oath having been made this day before me by DETECTIVE Larry Marx, I am satisfied that there is probable cause to believe: THAT ON OR IN THE FOLLOWING DEVICES:

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secu re est nce room at station, and previously seized from the residence located at 6254 West Sarah Circle, WVC, UT pursuant to a search warrant authorized by Judge Hilder of the 3rd District Court and served on December 17, 2009; In the City of West Valley, County of Salt Lake, State of Utah, there is now being possessed or concealed certain property or evidence described as: That which is relevant and material to the crimes of unlawful detention, kidnapping and homicide involving the disappearance of Susan Marie Powell on December 6,2009 in West Valley City, Salt Lake County, State of Utah, and contained on the aforementioned

Any other fruits or instrumentalities which are relevant and material to the crimes of unlawful detention, kidnapping and homicide.

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.

JUDGE PRINTED NAME

IN THE THIRD DISTRICT COURT - SALT LAKE DEPARTMENT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH

SEALED

AFFIDAVIT FOR SEALED SEARCH AND SEIZURE WARRANT

STATE OF UTAH

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County of Salt Lake )

THE MATTER OF THE SEARCH OF INFORMATION ASSOCIATED WITH

Case No.

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I, Larry Marx, being first duly sworn, hereby depose and state as follows:

; and currently located in the secure West Valley City Police evidence room at the main police station, and previously seized from the residence located at 6254 West Sarah Circle in West Valley City, pursuant to a search warrant authorized by Judge Hilder of the 3rd District Court and served on December 17, 2009;
In the City of West Valley, County of Salt Lake, State of Utah, there is now being possessed or concealed certain property or evidence described as: That which is relevant and material to the ongoing criminal investigation involving the disappearance of Susan Marie Powell on December 6, 2009 in West Valley City, Salt Lake County, State of Utah, and contained on the aforementioned

Any other fruits or instrumentalities which are relevant and material to an ongoing criminal investigation, and to the crimes of unlawful detention, kidnapping, and/or homicide.

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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

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Consists of an item or constitutes evidence of illegal conduct, possessed by a party to the illegal conduct.

Your affiant believes the property and evidence described above is which are relevant and material to an ongoing criminal investigation, and to the crimes of unlawful detention, kidnapping, and/or homicide . . The facts to establish the grounds for issuance of a Search Warrant are:

OFFICER

BACKGROUND

Your affiant Detective Larry Marx is a police officer with the West Valley City Police Department and has been so employed since August 2006. Your affiant is a certified peace officer and has served in the State of Utah for over 30 years. Your affiant is currently assigned to the West Valley Police Department Major Crimes Unit and investigates crimes committed against persons, which includes threats, assaults, robberies and homicides occurring in West Valley City. Your affiant has had training in criminal investigations, investigation of assaults and homicides which include interviewing suspects and victims, investigating crime scenes, collecting and interpreting evidence. Your affiant has attended training sponsored by the Drug

Enforcement Administration which has included the DEA basic investigator school, DEA Drug Interdiction training and Financial Investigation Training. Your Affiant has

attended training sponsored by the United States Department of Justice (DOJ) to include the United States Attorney's Office (USAO) and Federal Bureau of Investigation (FBI). Your affiant has attended DOJ training on United States Code Title III communication interception, financial investigation and firearm trafficking investigations. Your affiant attended and graduated session 199 of the FBI National Academy and received training in homicide investigations and criminal case law. 3

Your affiant worked for the Salt Lake County Sheriff's Office from 1978 to 2000 and served in a variety of assignments to include Sergeant supervising robbery, homicide and drug investigations. While employed by the Sheriff's Office your affiant

also served as a Captain over the detective division and was responsible for oversight of all criminal investigations conducted by the Salt Lake County Sheriff's Office. Your affiant also worked for the State of Utah Department of Public Safety as Chief Investigator for three years and investigated violent crimes statewide including homicide, rape and robbery. Your affiant served as chief of police for Taylorsville City for two years supervising all aspects of policing and was responsible for providing police services to the citizens. Your affiant has been an adjunct professor for Columbia College and taught law enforcement classes to undergraduate students. Your affiant has personally investigated numerous violent crimes including rapes, robberies, kidnapping and homicide. Your affiant has also assisted in numerous investigations involving homicide, assault and aggravated assault. The facts in this affidavit come from your affiants personal observations, 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 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.

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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 were unsuccessful until Maxwell called utilizing the previously mentioned cell phone belonging to Joshua's sister, 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.

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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 AM 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 on the tile floor adjacent to the carpet and couch area. During this same search warrant, the victim's purse was also located which contained all of the victim's personal items including her driver license and credit cards.

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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 coworkers 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 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. All 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.

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Detective Darrel Dain of the West Valley Police Department made contact with

Detective Dain was in contact with

II

The identities of these persons are known to your affiant and available to the court. Detectives Cook, Dain and Maxwell have made contact with Richard and Judy Cox (father and mother of the victim) in Washington State. Richard confirmed to detectives 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.

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CONCLUSION

Based on my training and experience, and the facts as set forth in this affidavit, there is probable cause to believe that on the indicated 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

It is respectfully requested that this Court issue an order sealing, until further order of the Court, all papers submitted in support of this application, including the application and search warrant. I believe that sealing this document is necessary because the items and information to be seized are relevant to an ongoing criminal investigation, and that not all of the targets, sources, or items involved in this investigation 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
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significant and negative impact on the continuing investigation and may severely jeopardize its effectiveness. 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.

Respectfully submitted,

iar

arx

ective West Valley City Police Department

COURT

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