STATE OF INDIANA



STATE OF INDIANA ) IN THE MARION SUPERIOR COURT

) SS: CRIMINAL DIVISION ______

COUNTY OF MARION )

CAUSE NO:

IN THE MATTER OF A REQUEST FOR THE )

ISSUANCE OF A SEARCH WARRANT TO )

INSTALL AND MONITOR A TRACKING DEVICE )

UPON A VEHICLE )

SEARCH WARRANT AFFIDAVIT

I, ______________________________, being first duly sworn upon my oath, state as follows:

I am a police officer with the Police Department. I have been a police officer in County since . I am a “law enforcement officer” as that term is defined in I.C. 35-31.5-2-185.

I am currently assigned as a Detective to the unit of the police agency and have been so assigned since year. In connection with my official duties, I am involved in investigations relating to violations of the Indiana controlled substances laws.

I have received training relating to enforcement of the Indiana controlled substances laws, including the following:

1. My initial training at the which academy in year. I have satisfied the minimum basic training requirements established by rules adopted by the law enforcement training board under I.C. 5-2-1-9 and described in I.C. 35-37-4-5.

2. Basic Detective School, through the Indianapolis Police Department;

3. Undercover Detective School, through the Indianapolis Police Department. During the last two years, I have been an instructor at the Undercover Detective School;

4. Yearly in-service training;

5. Training on the utilization and installation of Global Positing System (GPS) tracking units.

Based upon my training and experience, I am familiar with the methods employed by individuals engaged in the trafficking of controlled substances, including the following:

1. Individuals involved in the trafficking of controlled substances often use residences or other buildings or structures where they do not generally reside to conduct controlled substances transactions, to prepare and store controlled substances prior to delivery or to use controlled substances. These residences or other buildings are sometimes referred to as “stash houses.”

2. Individuals involved in the trafficking of controlled substances often work in concert with other individuals in the course and conduct of the illegal enterprise. Sometimes, the individuals acting in concert divide the tasks associated with the preparation, packaging and sale of controlled substances. For example, one individual might be in possession of the controlled substances, and another individual in possession of the cash proceeds of sales of the controlled substances, while yet another individual acts as a “lookout.”

3. Individuals involved in the trafficking of controlled substances often use vehicles that are registered to another individual, not involved in the trafficking of controlled substances, to conceal their identity and distance themselves from the vehicle being used in the transportation and delivery of controlled substances.

4. Individuals involved in the trafficking of controlled substances have one or more individuals who provide additional controlled substances for distribution, their “source” for controlled substances, and will meet these sources at various locations around the city, including, but not limited to, residences, warehouses, public or private parking lots, and businesses to obtain additional controlled substances, or “re-up” their product.

5. Individuals involved in the trafficking of controlled substances generally attempt to conceal their inventory of controlled substances and the proceeds from the sales of their controlled substances, using a variety of methods, including use of safe deposit boxes and storage facilities.

6. Individuals involved in the trafficking of controlled substances sometimes travel outside of Marion County and/or outside of the State of Indiana in furtherance of their illegal enterprise, to obtain controlled substances, to pay for controlled substances, or to transport or spend the proceeds of the sales of controlled substances.

Assisting Officers from POLICE AGENCY, who maintain, oversee the use of and installation of Global Positioning System (GPS) tracking units and install the GPS tracking units have advised me of the following:

1. Our duties include the handling and general maintenance of certain electronic devices used during investigations including kel-sets, hidden cameras, Global Positioning System (GPS) tracking units, and pole cameras;

2. As a part of our duties, we are familiar with the operation of the Global Positioning System tracking units;

3. The GPS tracking units can be attached to the exterior portion of a vehicle (such as the interior of a fender) by using either a magnet or plastic straps. The GPS tracking unit may be powered by an internal battery or may obtain power by wiring the unit directly to the battery of the vehicle;

4. The general function of the GPS tracking unit is to collect and later transmit data regarding the precise location of the device. This is accomplished by Global Positioning System satellite links. The GPS tracking unit can be set to gather this location data at specific intervals. A typical such interval would be every four (4) seconds;

5. Once activated, the GPS tracking unit would collect and store the data regarding its location, at the intervals so programmed. At a later time, law enforcement officers could obtain the information collected and stored by the GPS tracking unit, through an internet connection, by having the GPS tracking unit transmit its stored data to a designated computer server. The information collected, stored and transmitted by the GPS tracking unit could then be downloaded, stored and printed by law enforcement officers.

The information that is set forth below in this Search Warrant Affidavit is either information known personally to me, information that I obtained from other law enforcement sources, information obtained from public records, or information from a source otherwise identified in this Search Warrant Affidavit.

THE INVESTIGATION

Your affiant is currently conducting an ongoing narcotics investigation targeting a male identified as Juan Montes Cruz. This investigation involved the utilization of a confidential informant and an undercover officer. Between the dates of April 29, 2014 and May 1st, 2014 your affiant met with the confidential informant and made recorded phone calls to Mr. Montes Cruz requesting to purchase a quantity of heroin from Mr. Montes Cruz. A quantity and location were agreed upon during these calls.

Your affiant met with the informant and equipped the informant with a covert audio transmitter/recorder. Your affiant searched the informant and the informant’s vehicle for personal money, contraband and weapons, and none were located. Your affiant provided the undercover officer with a quantity of documented Metro Drug Task Force Currency. Your affiant along with assisting members of the Metro Drug Task Force and DEA maintained constant audio and visual surveillance on the informant and undercover officer as they drove directly to the deal location. Upon arrival at the deal location the informant called Mr. Montes Cruz and informed him that he/she was at the deal location. Mr. Montes Cruz advised he would be there soon. Assisting surveillance units observed Mr. Montes Cruz and Mr. Rivera Yanez at the residence of 1537 N. Grant Avenue Indianapolis, Marion County, Indiana. They entered a Chrysler Pacifica and drove to their identified residence of 62 S. Lasalle Ave, Indianapolis Marion County, Indiana. Both men exited the vehicle and entered the residence through the back door. A short time later they both exited the residence and entered a black Ford Focus displaying Indiana temporary license plate D964414 and left the area.

Surveillance units followed Mr. Montes Cruz and Mr. Rivera Yanez in the black Ford Focus to the predetermined deal location. Upon their arrival Mr. Montes Cruz exited the vehicle and approached informant’s vehicle making contact with him/her. Mr. Montes Cruz got into the informant’s vehicle and then handed the undercover officer a quantity of heroin and the undercover officer exchanged the documented currency. The informant, undercover officer, and Mr. Montes Cruz left the area in the informant’s vehicle and met with Mr. Rivera Yanez at a separate location in Marion County. Mr. Montes Cruz then exited the informant’s vehicle and re-entered the black Ford Focus and departed the area.

The informant and undercover officer then traveled to a predetermined meeting location while being kept under constant audio and visual surveillance by your affiant and assisting officers. The undercover officer relinquished custody and control of the suspected heroin and any unused documented currency to your affiant. The confidential informant relinquished custody and control of the covert audio transmitter/recorder and the informant was released. Your affiant transported the suspected heroin to the IMPD property room and submitted for analysis. At a later date your affiant received lab results from the Indianapolis-Marion County Forensic Services Agency stating the suspected heroin tested positive for heroin with a weight over 3 grams by exam technician Crawford.

During surveillance from March 2014 to present, Mr. Montes Cruz has been observed operating both the Chrysler Pacifica and the Ford Focus in Indianapolis, Marion County, Indiana. Both vehicles have been seen parked in front of, or behind the residence located at 62 S Lasalle Ave, Indianapolis, IN. This Affiant has observed Mr. Montes Cruz come and go and spend the night at the residence on Lasalle on at least twenty occasions within the past month during surveillance. This Affiant and other officers have observed Mr. Montes Cruz driving the black Ford Focus to conduct errands or drive around the city on at least ten occasions, the last occasion was within twenty-four hours of applying for this search warrant.

Based upon the facts and circumstances set for below, your Affiant believes that probable cause exists to believe that TARGET NAME is using the TARGET VEHICLE discussed above to engage in criminal activity and that the location of the target vehicle will assist the ongoing criminal investigation. Ascertaining the precise location of the target vehicle will assist the ongoing criminal investigation because TARGET NAME has ready access to the target vehicle and uses the vehicle to commit criminal offenses. Moreover, your Affiant believes that probable cause exists to believe that the target vehicle constitutes property used in the previous commission of a crime.

REQUEST FOR SEARCH WARRANT

Based upon the facts and circumstances set forth above, I hereby request that the Court issue a search warrant, authorizing law enforcement officers to install and monitor a tracking device upon target vehicle:

COLOR YEAR MAKE MODEL PLATE NUMBER

I hereby specifically request that the Court issue a search warrant, authorizing the following:

1. That law enforcement officers are hereby authorized to install a Global Positioning System (GPS) tracking unit upon the following vehicle: COLOR YEAR MAKE MODEL PLATE NUMBER

2. That law enforcement officers are further authorized to obtain, store and print any and all data collected and transmitted by the GPS tracking unit;

3. That such GPS tracking unit may be installed by law enforcement officers upon any exterior portion of the vehicle described above and such GPS tracking unit may be connected to the battery of such vehicle;

4. That such GPS tracking unit may be installed on (or later removed from) the vehicle described above while such vehicle is either in a public place or on private property, and/or the personal property of TARGET NAME located at TARGET ADDRESS, Indianapolis, Indiana, where the general public would have access to such vehicle;

5. That the authority granted by this Order shall continue for a period of 30 days from the date of the signing of this Order;

6. That such GPS tracking unit may be removed and another tracking unit installed on the vehicle described above at any time during the duration of this Order when necessary for battery and/or tracking unit malfunctions while the vehicle is either in a public place or on private property, and/or the personal property of TARGET NAME located at TARGET ADDRESS, Indianapolis, Indiana, where the general public would have access to such vehicle.

I swear or affirm under penalties for perjury that the foregoing representations are true.

____________________________________

Affiant

Subscribed and sworn to before me on this day of , , and approved by me.

____________________________________

Printed Name:

Deputy Prosecuting Attorney

The Court, having examined the foregoing Search Warrant Affidavit, now FINDS that probable cause exists for the issuance of a Search Warrant.

____________________________________

Printed Name:

Circle one: Judge Magistrate Commissioner

Marion Superior Court

Criminal Division

STATE OF INDIANA ) IN THE MARION SUPERIOR COURT

) SS: CRIMINAL DIVISION _____

COUNTY OF MARION )

CAUSE NO.:

IN THE MATTER OF A REQUEST FOR THE )

ISSUANCE OF A SEARCH WARRANT TO )

INSTALL AND MONITOR A TRACKING DEVICE )

UPON A VEHICLE )

SEARCH WARRANT

TO ANY LAW ENFORCEMENT OFFICER:

You are hereby authorized and ordered, in the name of the State of Indiana, with the necessary and proper assistance as follows:

1. That law enforcement officers are hereby authorized to install a Global Positioning System (GPS) tracking unit upon the following vehicle:

COLOR YEAR MAKE MODEL PLATE NUMBER

2. That law enforcement officers are further authorized to obtain, store and print any and all data collected and transmitted by the GPS tracking unit;

3. That such GPS tracking unit may be installed by law enforcement officers upon any exterior portion of the vehicle described above and such GPS tracking unit may be connected to the battery of such vehicle;

4. That such GPS tracking unit may be installed on (or later removed from) the vehicle described above while such vehicle is either in a public place or on private property, and/or the personal property of TARGET NAME located at TARGET ADDRESS, Indianapolis, Indiana , Indiana, where the general public would have access to such vehicle;

5. That the authority granted by this Order shall continue for a period of 30 days from the date of the signing of this Order

6. That such GPS tracking unit may be removed and another tracking unit installed on the vehicle described above at any time during the duration of this Order when necessary for battery and/or tracking unit malfunctions while the vehicle is either in a public place or on private property, and/or the personal property of TARGET NAME located at TARGET ADDRESS, Indianapolis, Indiana, where the general public would have access to such vehicle.

SO ORDERED THIS DAY OF , 2014, AT ___________ A.M./P.M.

____________________________________

Printed Name:

Circle One: Judge Magistrate Commissioner

Marion Superior Court

Criminal Division _____

A copy of this Search Warrant has been filed with the Judge on this day of , 2014.

____________________________________

JUDGE

Marion County Superior Court

SEARCH WARRANT RETURN

I, __________________________________, hereby state that this Search Warrant was executed on the _____ day of , 2014, and that a Global Positioning System (GPS) tracking unit was installed upon the following vehicle:

DATED THIS _____ DAY OF _______________________________, 2014

____________________________________

Printed Name:

Law Enforcement Officer

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