SUPERIOR COURT OF CALIFORNIA



SUPERIOR COURT OF CALIFORNIA

SANTA CLARA COUNTY JUDICIAL DISTRICT

SAN JOSE FACILITY

STATE OF CALIFORNIA)

: Ss. AFFIDAVIT IN SUPPORT

COUNTY OF SANTA CLARA) OF SEARCH WARRANT

Personally appeared before the court this 8th day of February 2012, I, ----------------------------------- on oath, make complaint, depose and say that there is just, probable and reasonable cause to believe, and that I do believe, that there is now located at:

2900 Monroe Dr, San Jose, Santa Clara County, which is described as tan colored, stucco finished, single story ranch house with a brown shingle roof. Monroe Drive runs in a North and South direction, the nearest cross street is Walgrove Way which runs in an East West direction and is to the South of the subject property.

AND

A 2010 Ford F150 pickup truck, white in color, with a California license plate of

“Go Niner’s” parked in front of the residence

AND;

Property described as follows believed to be located at the above locations:

1. Work-type boots, identical or similar to those commonly required at

construction sites that may contain any trace elements of hydrocarbon based accelerants such as, but not limited to, gasoline, kerosene or diesel-type fuels.;

2. Safety hard helmets, identical or similar to those commonly required at

construction sites;

3. Jeans or jean type pants believed to have been worn by --------------------------------- while committing the crime of ARSON that may contain any trace elements of hydrocarbon based accelerants such as, but not limited to, gasoline, kerosene or diesel-type fuels.

For my officer expertise please see Exhibit 1, which is attached hereto and

Incorporated herein.

· I know based on my training and experience, the following about persons

That commits the crime of ARSON: The crime of ARSON commonly involves the use of convenient accelerants. An accelerant is anything that is brought to a location to increase the burning intensity of a fire. A common accelerant used in an arson fire is commonly available motor vehicle fuels such as gasoline and diesel. Gasoline and diesel can be readily purchased at many locations without arousing suspicion and can be routinely carried into a construction site without causing the person carrying the fuel to stand out from the other workers. Persons that start fires using liquid based accelerants often get detectable amounts of the liquid on their clothing during the commission of the crime.

The intentions of person(s) commit the crime of ARSON will vary:

1. Some individuals commit the crime of ARSON solely for the purpose of the thrill associated with seeing the fire and the fire suppression activities;.

2. Other individuals commit the crime of ARSON to achieve a financial gain, either in combination with fraud associated with the fire loss, or as a “for hire” ARSONIST, where a third party pays or otherwise compensates the individual for performing the act of ARSON.

3. Other individuals commit the crime of ARSON with the motive of SPITE or

REVENGE, in order to purposefully injure others because of past acts that may or may not have occurred.

4. There are several other motives that are valid in the commission of the crime of ARSON.

Any combination of the following items found at the above described locations may prove the crime of ARSON and further connect ------------------------------- to the fire that occurred at 2900 Monroe Drive, San Jose, California on February 4th, 2012:

1. Work-type boots, identical or similar to those commonly required at construction sites that may contain any trace elements of hydrocarbon based accelerants such as, but not limited to, gasoline, kerosene or diesel-type fuels.;

2. Safety hard helmets, identical or similar to those commonly required at construction sites;

3. Jeans or jean type pants believed to have been worn by -------------------------------------------- while committing the crime of ARSON that may contain any trace elements of hydrocarbon based accelerants such as, but not limited to, gasoline, kerosene or diesel-type fuels.

In cases involving the actions of the crime of ARSON, a complete review of the materials used by the suspect to commit the crime must be analyzed to assist in determining the guilt of those involved.

The information obtained from within the aforementioned VEHICLE and RESIDENCE will constitute evidence of the commission of the act of ARSON and clarify the intentions of the suspect’s actions, including whether or not the suspect intended to or did in-fact, commit the crime of ARSON.

On Monday February 4th at approximately 3:36 P.M., a fire occurred at 2900 Monroe and causing financial damage to the residence of approximately of fifty (50) to one hundred (100) thousand dollars. The origin of this fire is still under active investigation; however, preliminary investigation has shown that as of the date of this warrant;

· The fire became a very large fire very quickly, which could be an indication of an accelerated fire, and

· There was no pre warning of a smoldering fire, I spoke with ----------------------- a witness ----------------------- who was in the immediate area five minutes prior to the discovery of the fire, and ------------------------ advised me that he did not see or smell smoke in the area, then, just minutes, the entire top attic area of building 1 was fully involved in fire, which could be an indication of an accelerated fire, and

· A certified hydrocarbon detection canine assigned to the Department of the Treasury, Bureau of Alcohol Tobacco and Firearms was brought to the fire scene and THE CANINE ALERTED to several areas where it is believed hydrocarbon remnants may exist, possibly indicating a fire that has been accelerated by a hydrocarbon based substance, and

· There have been no confirmed reports of any valid heat sources in the area of fire origin that would account for the ignition of this fire, therefore,

· This fire is currently being investigated as a possible ARSON FIRE, and all leads that support a cause related to ARSON are being diligently acted upon.

Based on the above facts, I have reasonable cause to believe that this fire is an intentionally set fire where accelerants were used.

I am investigating ----------------------------------, PFN number ABC123, DOB 12/12/1960, California Driver’s License number ABC1234, for the violation of PENAL CODE SECTION 451(d) ARSON TO A STRUCTURE;

I have been informed, and believe the following information is true and correct:

As a result of the efforts of Monroe Fire Investigation, SJPD Sergeant --------------------------------------- has informed me that as a part of his investigation, he spoke with employees of ABC CONSTRUCTION, and those employees told him that:

· --------------------------------------- IS A FORMER EMPLOYEE OF ABC CONSTRUCTION COMPANY, and

· ABC CONSTRUCTION was taken off the job and replaced by another framing contractor known as BCA CONSTRUCTION, and

· This action placed several carpenters out of work, and

· The situation that caused ABC CONSTRUCTION to lose its contract with the Monroe project in-turn caused the suspect ------------------------------- to become unemployed.

I spoke with Detective ---------------------, SJPD # 3490 who provided me with the following information:

· Detective ------------------ told me that as a part of his investigation he had reason to make contact with a subject named ------------------------- who he knew to be an employee of CBA CONSTRUCTION:, and

· -------------------has a criminal history that includes 220PC, 459PC, 594PC, 211PC, 488PC, 496PC and others.

· ---------------- told ------------------ that ON THE SAME DAY AS THE FIRE at approximately 1445 hours, ------------------- was walking past the residence when HE SAW WHO HE RECOGNIZED AS THE SUSPECT, ---------------------------------------going up stairs toward the area that was later determined to have been the area where the fire started, and

· -------------------------- told ------------------- that he has worked on Santana Row for a period of approximately two months during which time he came to know and recognize the suspect as someone named “-------------” that worked as a foreman for the ABC CONSTRUCTION COMPANY, and

· ---------------- told --------------- that ------------------ was wearing a RED CONSTRUCTION HELMET and blue jeans when he saw him at Monroe Dr. on the day of the fire, and

· -----------------------told me that he found out that ABC CONSTRUCTION company formerly employed a ---------------------------------------, and

· Detective -----------------------obtained a California Department of Motor Vehicles photograph of -------------------------------- and showed that photograph to ---------------------------- who confirmed the person in the picture to be the person that he knew as ------------------------- who works for ABC CONSTRUCTION.

· Detective -------------------------told me that as a result of the above information obtained from -------------------------, ------------------ had reason to make contact with Suspect ------------------------- and had a consensual interview at ------------------------------ residence on September 12, 2002 which is located at the “----------------------------------------------,” address, and ---------------------- described the apartment as follows:

· A tan colored, stucco finished, multi-unit apartment complex with a brown shingle roof. Monroe Drive runs in a North and South direction, the nearest cross street is Walgrove Way which runs in an East West direction and is to the South of the apartment complex.

· ------------------------------- saw the following vehicle, A 2010 Ford F150 pickup truck, white in color, with a California license plate of

“Go Niner’s” parked in front of the residence, ----------------- ran the license plate through California DMV and discovered that it was registered to -------------, and

· That during the interview ------------------------- invited detective ----------------------------- into the apartment where Detective ---------------------saw the RED CONSTRUCTION HELMET and CONSTRUCTION TYPE SHOES in plain view, and

· The detective told me that ------------------------- told him that he had been having “very bad dreams” since the fire and was having a very hard time dealing with the fire even though he had been removed from the project before the fire had occurred, and

· When asked what he had been doing on the day of the fire and at the time of the fire, he could only advise that he was “somewhere on a County Transit Bus” in the area of the fire, but he was not sure where.

[SEE EXHIBIT 2; SJPD Form 3 report of Detective ----------------------, SJPD #3490]

The suspect in a subsequent voluntary interview on the same date provided amplifying information;

· -------------------- voluntarily came to the San Jose Police Department and after having been read his MIRANDA RIGHTS, he was again interviewed, where ---------------------------- made the following statements:

· He was not responsible for the fire that occurred on February 4th, 2012, and

· He said that he rode a County Transit Bus to a bus stop on Stevens Creek Blvd, near Valley Fair Mall which is across the street from the Monroe Residence, and

· He said that he got off the bus and walked to another bus stop at down the street, and boarded another bus to the Garden City Card Club, and

· He declined to comment any further, asking for legal representation prior to answering any other questions.

[SEE EXHIBIT 3, Statement of ----------------------, SJPD #3490]

Based on the above facts, I believe the following occurred:

I believe ----------------------------------- was seen by witness ------------------------ at Monroe Drive, in the area where the fire occurred, an hour prior to the fire being reported which was ten days after he had been fired. I believe that --------------------------- may have been involved in the ignition of this fire and that evidence of his involvement may be found on the items being sought. Based on the above facts, I believe that evidence of the commissions of a felony, to wit:

Violations of CALIFORNIA PENAL CODE § 451(b) [Arson to a Structure], and property which will evidence the commission of said felony, will be located where described above.

NIGHT TIME SERVICE REQUEST:

I began preparation of this affidavit and warrant at 6:00 p.m., and do not expect it to be completed and signed before 10:00 p.m. I request this search warrant be endorsed for nighttime service based on all the information set forth in this affidavit and the following:

· The suspect in this case has been informed that he is a suspect. He has been informed that the police would like to seize his work boots and hat, and associated clothing, and

· The suspect did not give consent for police to enter his house and seize these items, and

· The suspect now knows the evidence that I am seeking, and

· The evidence is located in the suspect's apartment, and

· The apartment has been frozen by the police since 1815 hours this evening, and

· The suspect will not be allowed back into his apartment until this warrant is signed and executed. This evidence must be seized before the suspect is allowed back into his apartment because he may attempt to cleanse or destroy the evidence, to avoid its recovery by the police.

· The delay of service of this warrant until daytime would require police officers to remain in the residence until 7:00 a.m. Such delay would result in an unnecessary waste of time and expense.

Based upon the above facts, I request that a daytime search warrant authorized for night time service be issued for the above location for the seizure of said property and that the same be held under California Penal Code § 1536 and disposed of according to law, or that the property be held and processed in accordance with the forfeiture procedures set forth in California Health and Safety Code § 11470, et seq. or Title 21, United States Code Section 881, et seq.

_______________________

------------------------------, AFFIANT

Subscribed and sworn to before

me this_________ day of_____ , 2012.

JUDGE OF THE SUPERIOR COURT

Atty. initial

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