APPLICATION FOR SEARCH WARRANT WITH AFFIDAVIT



APPLICATION FOR SEARCH WARRANT WITH AFFIDAVIT

Deputy requests the Honorable ____________________ to issue a warrant to search:

Location, persons, etc. to be searched. Use as much detail as possible

for the following described property or objects:

Describe phone; if known: serial #, product manufacture, service provider etc.

and if such property or object be found there to seize it, prepare a written inventory of it, and bring it before the Vermont Superior Court, Windham Criminal Division and continuing, under the authority of this warrant, to conduct a search/analysis of the items seized for the evidence described, for as long as necessary at an off-site facility or facilities determined by law enforcement.

The applicant has probable cause to believe that such property or object will be found in such premises and on such person and will constitute:

Evidence of the crime of: Cite Title and Statute(s) being violated

For the purposes of establishing probable cause for the issuance of this warrant, there are attached hereto the following affidavit:

See attached affidavit of Name of Affiant

This application is executed by Deputy , on this __________day of __________, 20____.

Applicant/Deputy

Search Warrant

TO: Deputy and any Local, State or Federal Law Enforcement Officer

You are hereby commanded to search:

Location, persons, etc. to be searched. Use as much detail as possible

for the following described property or objects:

Describe phone; if known: serial #, product manufacture, service provider etc.

Serving this warrant and making the search of the PREMISES between the hours of 6AM and 10PM within ten (10) days from the date hereof, and if the property or object be found there, to seize it, prepare a written inventory of it, and bring such property or object before the Vermont Superior Court Windham Unit Criminal Division and continuing, under the authority of this warrant, to conduct a search/analysis of the items seized for the evidence described, for as long as necessary at an off-site facility or facilities determined by law enforcement.

This warrant is issued upon the basis of an affidavit and the finding of probable cause by me, filed with the clerk of that Unit.

Affidavit in Support of a Search Warrant

NOW COMES, Deputy      , affiant, being duly sworn and on oath, deposes and says the following:

1. I,      , am and have been since      , a Deputy employed by the Windham County Sheriff's Department.

2. I make this affidavit, in support of an application under Rule 41 of the Vermont Rules of Criminal Procedure for a warrant to search the premises known as, on or around the person of Location, persons, etc. to be searched. Use as much detail as possible hereinafter referred to as “PREMISES,” for certain things particularly described in warrant.

3. This affidavit is intended to show only that there is sufficient probable cause for the requested warrant and does not set forth all of my knowledge about this matter.

4. Based on my knowledge, training and experience, I use the following technical terms to convey the following meanings:

a. Internet: The Internet is a global network for computers and other electronic devices that communicate with each other. Due to the structure of the Internet, connections between devices on the Internet often cross state boarders, even when the devices communicating are in the same state.

b. Deleted Data: Deleted Data is data that, in the past, existed on the computer or smart phone as live data and which has been deleted by the computer system or smart phone system or end-user activity. Deleted data remains on storage media in whole or in part until it is overwritten by ongoing usage or “wiped” with a software program specifically designed to remove deleted data. Even after the data itself has been wiped, directory entries, pointers, or other metadata relating to the deleted data may remain on the computer or smart phone.

c. Digital storage device: Any medium that is used to record information, including hard disks, magnetic tapes, compact discs, videotapes, audiotapes, and removable storage devices such as secure digital (SD) cards, floppy disks and zip disks.

d. Free space: The unused space on a disk or digital storage device/medium.

e. Universal Serial Bus (USB): A serial bus with a bandwidth of 1.5 megabits per second (Mbps) for connecting peripherals to a microcomputer. USB can connect up to 127 peripherals, such as external CD-ROM drives, printers, modems, mice and keyboards to the system though a single, general purpose port. This is accomplished by daisy chaining peripherals together. USB supports hot plugging and multiple data streams.

f. File slack: space between the logical end of the file and the end of the last allocation unit for that file.

5. As described above, this application seeks permission to search and seize records that might be found in the seized items described in whatever form they are found. I submit there is probable cause to believe those records will be stored in that digital device or electronic medium, for at least the following reasons:

a. Based on my knowledge, training and experience, I know that computer and digital files or remnants of such files can be recovered months or even years after they have been downloaded onto a hard drive (or other digital storage device), deleted or viewed via the internet. Electronic files downloaded to a hard drive or digital storage device can be stored for years at little or no cost. Even when files have been deleted, they can be recovered months or years later using readily available forensics tools. This is so because when a person “deletes” a file on a home computer, smart phone or similar digital storage device, the data contained in the file does not actually disappear; rather, that data remains on the hard drive until it is overwritten by new data.

b. Therefore, deleted files, or remnants of deleted files, may reside in free space or “slack space” (space on the hard drive that is not currently being used by an active file) for long periods of time before they are overwritten. In addition, a computers operating system may also keep a record of deleted data in a “swap” or “recovery” file.

6. In this case, the warrant application requests permission to search and seize all call history (including but not limited to: incoming calls, outgoing calls, attempted calls, etc.) and all SMS or “text messages” (including but not limited to: incoming messages, outgoing messages, draft messages, etc.) and all MMS or “multimedia messages” (including but not limited to: incoming messages, outgoing messages, draft messages, etc.) including those that may be stored on the cell phone or other digital storage devices (such as SD cards, etc). These things constitute both evidence of a crime and an instrumentality of the crime under investigation.

7. Based upon my knowledge, training and experience, I know that searching for information stored in computers, smart phones or similar digital storage devices, often requires agents to seize most or all digital storage devices to be searched later by a qualified computer expert in a laboratory or other controlled environment. This is often necessary to ensure the accuracy and completeness of such data, and to prevent the loss of data either from accidental or intentional destruction. Additionally, to properly examine those storage devices in a laboratory setting, it is often necessary that some computer equipment, peripherals, instructions and software be seized and examined in the laboratory setting. This is true because of the following:

a. The volume of evidence, Digital storage devices (like hard disks, SD cards or CD-ROMs) can store the equivalent of millions of pages of information. Additionally, a suspect may try to conceal evidence; he or she might store it in random order with deceptive file names. This may require searching authorities to pursue all the stored data to determine which particular files are evidence or instrumentalities of crime. This sorting process can take weeks or months, depending in the volume of data stored, and it would be impractical and invasive to attempt this kind of data search on-site.

b. Technical requirements. Searching computer systems for criminal evidence sometimes requires highly technical processes requiring expert skill and properly controlled environment. The vast array of computer hardware and software available requires even computer experts to specialize in some system applications, so it is difficult to know before a search which expert is qualified to analyze the system and its data. In any event, however, data search processes are exacting scientific procedures designed to protect the integrity of the evidence and to recover even “hidden”, erased, compressed, password protected, or encrypted files. Because computer evidence is vulnerable to inadvertent or intentional modification or destruction (both from external sources or from destructive code imbedded in the system as a “booby trap”), a controlled environment may be necessary to complete an accurate analysis.

c. Searching computer systems and digital devices for the evidence described above may require a range of data analysis techniques. In some cases, it is possible for agents and analysts to conduct carefully targeted searches that can locate evidence without requiring a time consuming manual search through unrelated materials that may be commingled with criminal evidence. In other cases, however, such techniques may not yield the evidence described in the warrant. Criminals can mislabel or hide files and directories, encode communications to avoid using key words, attempt to delete files to evade detection, or take other steps designed to frustrate law enforcement searches for information. These steps may require agents and law enforcement or other analysts with the appropriate expertise to conduct more extensive searches, such as scanning areas of the disk not allocated to listed files, or pursue every file briefly to determine whether it falls within the scope of the warrant. In light of these difficulties, the Windham County Sheriff’s Department intends to pursue whatever data analysis techniques appear necessary to locate and retrieve the evidence described above.

8. Insert affidavit of PC for search warrant here

9. I hereby request the Court’s permission to seize the referred to cellular phone that is believed to contain some or all of the evidence described in the warrant, and to conduct an off-site search of the hardware for the evidence described. In addition, I hereby request the Court’s permission to take as long as necessary to conduct the off-site search/analysis of the hardware for the evidence described.

10. Based on the foregoing facts and information, I have probable cause to believe that the evidence of (name VT Statute) will be found.

Based on the foregoing facts and information, I have probable cause to believe that the evidence of Vermont Statue being violated will be found.

RETURN OF SERVICE

On      , at       hours, I by virtue of this warrant, I entered ____________________________________, located in the Town of _______________, County of Windham, State of Vermont, as described in said warrant and there made diligent search for the goods and chattels in said warrant described, and thereupon such search found and seized:

**See attached inventory

___________________________ _________________________

Deputy Sheriff Date

INVENTORY OF SEARCH

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