IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT



IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT

IN AND FOR ALACHUA COUNTY, FLORIDA

STATE OF FLORIDA, GACDTF CR #: 05-18-000000

PLAINTIFF,

APPLICATION AND AFFIDAVIT

VS. FOR INSTALLATION OF

MOBILE TRACKING DEVICE

Person One,

Person Two, and

Person Three

DEFENDANTS,

______________________/

BEFORE ME, the undersigned Judge, State of Florida, appeared this application and affidavit by Detective T. Jallad, a law enforcement officer employed by the Gainesville Police Department, who was first duly sworn, deposes and says:

YOUR AFFIANT has reason to believe and does believe that a vehicle, described as a 2004 maroon Ford Taurus bearing Florida tag number 987ABC, vehicle identification number 1FHPW24W18G123456, registered to, (person) and (person), at 4321 Northwest 123th Terrace, Newville, Florida 32601. YA has probable cause to believe that the described vehicle is in the control of (person), and is being utilized to facilitate violations of Section 893, Florida Statutes. Reference F.S.§934.42(2)(d), it is necessary to monitor the mobile tracking device outside the jurisdiction of the court from which authorization is being sought reference the current ongoing investigation which may lead to jurisdictions outside Alachua County, Florida.

THE BASIS for Your Affiant’s belief is:

Your Affiant, Detective T. Jallad (hereinafter referred to as YA), is a duly sworn law enforcement officer employed by the Gainesville Police Department, and has been since the 5th of December, 2013. (more training and experience here).

YA has personally been involved in the investigation, seizure and/or observation of over 250 illegal narcotics possession and sales cases. YA has conducted numerous traffic stops and detained suspicious persons where narcotics were discovered by plain sight and/or smell, consent, as well as other investigative techniques. YA has also been involved in numerous undercover operations involving the controlled purchase of narcotics.

YA has been involved in multiple Title III wiretap investigations and has monitored audio surveillance as a result of these investigations. YA has applied for and received court-authorized search warrants for various items, cell phones, and residences. YA has also applied for and acquired court-authorized mobile tracking devices and coordinated surveillance based on Global Positioning System (“GPS”) coordinates acquired from the tracking devices. YA currently trains other detectives on narcotics investigations and related legal acumen.

YA has had training and experience in the investigation of controlled substance use, manufacturing and distribution.  YA has worked with informants in the investigation of controlled substance use and/or distribution in Florida.  YA has participated in investigations in which informants and undercover officers have purchased controlled substances under YA’s direction or the direction of fellow detectives.

With this training and experience, YA is familiar with the operations, habits, workings and parlance (a particular way of speaking when specialized) of persons engaged in narcotic trafficking activities and organizations, including the frequent use of “slang” or coded language used to disguise, and covertly communicate about illegal drug transactions.

Based on his training and experience, YA is familiar with and has knowledge regarding various controlled substances.

On February 1, 2016, YA was transferred to his current assignment as a detective with the Gainesville-Alachua County Drug Task Force. On September 25, 2017, YA was promoted to the rank of Detective Corporal.

As a result of YA’s training and experience, the following generalities about drug dealers are known:

1. Drug dealers often place assets in names other than their own to avoid detection of these assets by government agencies, but continue to use those assets, and to exercise dominion and control over them. Drug dealers frequently maintain, on hand, quantities of United States currency in order to maintain and finance their on-going drug business.

2. Drug dealers maintain books, records, receipts, notes, ledgers, tally sheets, and other annotations relating to the quantity, transportation, ordering, sale, and distribution of controlled substances, although such language may be coded and such documents may be prepared in or contain code, and commonly maintain such where the drug dealers have ready access to them, for instance, their homes, offices, cellular phones or other electronic storage device, or automobiles. These records are often maintained for a period of time extending beyond the time during which they actually possess illegal controlled substances to keep track of drug transactions, monetary transactions, drug sources and drug customers for future reference.

3. Drug dealers commonly hide drugs, evidence of financial transactions relating to the obtaining, transferring, secreting, or spending of the proceeds of their drug dealing activities, and proceeds of drug sales, including caches of currency, financial instruments, precious metals, jewelry, and other items of value, may be hidden in secure locations within residences, offices, garages, businesses, automobiles, public or private storage facilities, and safe deposit boxes, for ready access and also to conceal such items from law enforcement authorities.

4. Drug dealers commonly maintain addresses or telephone numbers in books, on papers, electronic storage devices, and within their telephones, reflecting names, addresses, and/or telephone numbers for their associates in the drug distribution organization, although said items may be in code. 

5. Drug dealers use telephones and other forms of communication such as pagers, text messages or e-mail messages, to maintain frequent communication with their criminal associates, including their suppliers and customers. When drug dealers entrust a customer or associate with a method of contact, for example a telephone number, this indicates that the drug dealer feels safe using that method of contact and in all probability discusses his/her criminal activities with others through the same facility.

6. Drug dealers frequently take, or cause to be taken, photographs or video recordings of themselves, their associates, their property, and their products, and maintain these photographs or video recordings in their residences, automobiles and/or contained on electronic storage devices including capable cellular telephones.

7. Drug dealers keep equipment or paraphernalia for manufacturing, packaging, diluting, weighing, and distributing controlled substances, such as chemicals, syringes, prescription bottles, plastic bags, cooking containers, scales which read in grams, and heat sealers for use in sealing plastic bags containing drugs. Drug dealers also keep certain types of drug paraphernalia used for the consumption of drugs on an essentially continuous basis for use whenever needed.

8. Upper level drug dealers may obtain large quantities of their illegal controlled substances from foreign countries and/or foreign nationals, and drug dealers involved in smuggling operations commonly possess documents such as telephone records, visas, passports, letters, shipping receipts, wire transfer receipts, and so forth, which pertain to the obtaining, shipment, transportation, or payment for the illegal substances.

9. Drug dealers frequently continue their illegal activity over months, and even years. Drug dealers typically obtain and distribute controlled substances on a regular basis, much as any distributor of a legitimate commodity would purchase stock for sale.  Similarly, such drug dealers will have an “inventory,” which will fluctuate in size, depending upon the supply and demand for the product.

10. Drug dealers commonly “front” drugs (provide controlled substances on consignment) to their clients.  In addition, drug dealers often employ individuals to perform controlled substance pick-ups, deliveries and/or hand-to-hand transactions as a way to insulate the drug dealer from other individuals and from potential prosecution.

[Narrative / PC section]

In January 2018, YA was.

YA conducted research on.

YA’s additional research revealed.

YA further researched vehicle and learned.

On February 14th, 2018,.

In late February 2018,.

YA believes that (person) is using and continues to use the above described vehicle to be tracked, namely the 2004 maroon Ford Taurus bearing Florida tag number 987ABC, vehicle identification number 1FHPW24W18G123456, to facilitate the storage, sale, and transportation of illegal narcotics.

BASED ON THE FOREGOING, YA certifies that the information likely to be obtained by the installation of a Mobile Tracking Device is relevant to an ongoing, long-term criminal investigation involving the transportation and distribution of illegal narcotics in Alachua County, Florida, in violation of Section 893, Florida Statutes, currently being conducted by the Gainesville Police Department.

ALL OF WHICH WHEREFORE, YA prays that an Order, pursuant to F.S. 934.42, be issued commanding the Sheriff and/or Deputy Sheriffs of Alachua County and/or Police Officers of the Gainesville Police Department, University of Florida Police Department, State of Florida, with proper and necessary assistance, to install, within Alachua County, Florida, a Mobile Tracking Device, which is not capable of intercepting oral communications, in or on the above described vehicle.  That such installation may be accomplished by surreptitious entry in, on, or about the said vehicle and/or its berthing area.  Gaining such entry by stealth, ruse, force or trespass as the exigencies of the situation may require, in the daytime or night-time or on Sunday. If necessary, said vehicle may be moved from its berthing area to a place of safety for installation of equipment.  And to install, maintain, operate and monitor said device for a period not to exceed 60 days from date hereof and then to remove said device from its placement within the above described vehicle at such time as is reasonably practicable, unless said time period is extended by order of a Court of Competent Jurisdiction.

It is further requested that this Affidavit and Order be SEALED to protect the on-going investigation until further order of this court, or court of competent jurisdiction, and to remain in the custody of Detective T. Jallad, Gainesville Police Department, until further order of the court.

Detective T. Jallad, Affiant

Gainesville Police Department

Sworn and Subscribed before me this ___ day of February, 2018.

_______________________________

Notary or Assistant State Attorney

THE ABOVE APPLICATION for authorizing the installation of the mobile tracking device coming on to be heard and having examined the Sworn Application, and the above Sworn affidavit set forth and thereupon being satisfied that there is probable cause to believe that the grounds set forth in said Affidavit and Application for authorizing the installation of the mobile tracking devices do exist and that the law is being violated, I so find, and authorizing the installation of the mobile tracking devices is hereby allowed and issued.

_______________________________

CIRCUIT COURT JUDGE

Reviewed by: ___________________________

Michael Becker

Assistant State Attorney

IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT

IN AND FOR ALACHUA COUNTY, FLORIDA

STATE OF FLORIDA, GACDTF CR #: 05-18-000116

PLAINTIFF,

VS. ORDER AUTHORIZING THE

INSTALLATION OF MOBILE

TRACKING DEVICE

Person One,

Person Two, and

Person Three

DEFENDANTS,

______________________/

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA,

TO: ALL AND SINGULAR THE SHERIFF AND/OR DULY CONSTITUTED DEPUTY SHERIFFS OF ALACHUA COUNTY, FLORIDA, AND/OR DETECTIVES AND/OR LAW ENFORCEMENT OFFICERS OF THE GAINESVILLE POLICE DEPARTMENT, UNIVERSITY OF FLORIDA POLICE DEPARTMENT, THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT, AND/OR SPECIAL AGENTS OF THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION, AND/OR SPECIAL AGENTS OF THE UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, AND/OR ANY OF THEIR DULY CONSTITUTED AGENTS.

WHEREAS, DETECTIVE T. Jallad (YA), a law enforcement officer for the GAINESVILLE POLICE DEPARTMENT, State of Florida, has, this day, applied to me a Sworn Application for an Order for the Installation of a Mobile Tracking Device, pursuant to F.S.§ 934.42.  And said Application being supported by the Affidavit of Detective T. Jallad, wherein it is alleged that the Affiant has probable cause, does believe, and has so certified that the vehicle, described as a 2004 maroon Ford Taurus bearing Florida tag number 987ABC, vehicle identification number 1FHPW24W18G123456. YA has stated probable cause to believe that the described vehicle is in the control of (Person), and is being utilized to facilitate violations of Chapter 893, Florida Statutes. Detective T. Jallad further alleged that, pursuant to F.S.S 934.42(2)(d), it is necessary to monitor the mobile tracking device outside the jurisdiction of the court from which authorization is being sought reference the current ongoing investigation which may lead to jurisdictions outside Alachua County, Florida.

The Court does find that there is probable cause to believe that the felony laws of the State of Florida are being violated, to wit:

Florida Statute 893 – Drug Abuse Prevention and Control

Florida Statute 893.13- Sale of Controlled Substance.

and that evidence thereof may be gained by use of said Mobile Tracking Device.

         

The Court further finds that the certification required by F.S.S. 934.42(2) has been met by the Affiant.

THESE ARE, THEREFORE to command you, Detective T. Jallad, and/or the officers with the above agencies, with proper and necessary assistance to install on the above-described vehicle, a Mobile Tracking Device.

I HEREBY authorize that such installation may be accomplished by surreptitious entry in, on, or about the said vehicles and/or their berthing areas.  Gaining such entry by stealth, ruse, force, or trespass as the exigencies of the situation may require, in the daytime or night-time or on Sunday.  If necessary, said vehicles may be moved from their berthing areas to a place of safety for installation of equipment.

I HEREBY authorize you, Detective T. Jallad and/or the officers of the above-listed agencies, with proper and necessary assistance to install, maintain, operate and monitor, within the jurisdiction of this Court and outside that jurisdiction, but within the State of Florida, said devices for a period not to exceed 60 days from date hereof, and then to remove said device from its placement within the above-described vehicles at such time as is reasonably practicable, unless said time period is extended by order of a Court of Competent Jurisdiction.

IT IS FURTHER ORDERED that this Affidavit and Order are SEALED to protect the on-going investigation until further order of this court, or court of competent jurisdiction, and shall remain in the custody of Detective T. Jallad, Gainesville Police Department, until further order of this court.

WITNESS MY HAND and official seal on this ___ day of February, 2018.

______________________________

CIRCUIT COURT JUDGE

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