A. Affidavit for Search Warrant -- Child Pornography

Part: 
Four
Chapter: 
10

(name of affiant) , being sworn, says that on the information contained within this affidavit, he/she has probable cause to believe and does believe that the property described below is seizable pursuant to (Penal Code Section________) in that it: (CHECK APPROPRIATE BOX OR BOXES)

_______tends to show that sexual exploitation of a child has occurred or is occurring.

_______was used as the means of committing a felony

_______is possessed by a person with the intent to use it as a means of committing a public offense or is possessed by another to whom he may    have delivered it for the purpose of concealing with or preventing its discovery.

_______is evidence which tends to show that a felony has been committed or a particular person has committed a felony; (or appropriate statutory requirements)and that he/she has probable cause to believe and does believe that the described property is now located at and will be found at the locations set forth below and thus requests the issuance of a WARRANT TO SEARCH.________(location)___________, described as a,      ____________,_____________ and identified from________________________________________,as_______(name)____, ______(address)_______. 2._______(name)______,female/male, further description with a home address of_____________(address)___________.

For the following property: 1. Phone books, address books, notations, identifying a male/female juvenile(s). "name and/or other juveniles or adults who are being sexually exploited or who are exploiting children. 2. Photographs and/or undeveloped film depicting (name), and or other juveniles nude or in sexual activity. 3. Movies and/or magazines depicting juveniles in sexual activity. 4. Identification including but not limited to_______________________.

Your affiant says that the facts in support of the issuance of the search warrant are contained in the attached STATEMENT OF PROBABLE CAUSE which is incorporated as it is fully set forth herein. Wherefore, your affiant prays that a search warrant be issued for the seizure of said property or any part thereof, at any time of the day or night, good cause therefore having been shown.

____________________
SIGNATURE OF AFFIANT

Subscribed and sworn to before me

this________      day of__________________________________,19         

________________________________________________________________________________
Signature of Magistrate

Judge of    the_________________________  ______________________________________                
Superior/Municipal     Judicial District

Prepared with the assistance of, or reviewed by:________________________________
Deputy District Attorney

Your affiant is_______(name)________.I am a (detective) for the (city) of____________(name),,,,, and have been so employed for the past  years. For the past________years, I have been assigned to the (Sexually Exploited Child Unit of Juvenile Division). I have been assigned to said Division for the past______years. 1 have participated in an excess of______investigations involving the sexual exploitation of minors and children. I have personally conducted in excess of________ investigations resulting in felony charges of child molestation and exploitation. I have received extensive training and have read numerous publications dealing with the sexual exploitation of children. I have talked to in excess of   sexually exploited children and in excess of  admitted child molesters. I have read and examined in excess of   letters between pedophile offenders describing their admitted sexual conduct with children and the manner in which they exploited said children for sexual gratification. I have examined in excess of_________photographs during these investigations which depict children engaged in sexual activities with the offenders, with other children, with animals and with adults. I have examined and read publications distributed from foreign countries and in the United States which describe in detail sexual activities between adults and children. I am familiar with the manner in which pedophile offenders entice and encourage children to engage in sexual conduct and the manner in which they exchange children with each other, and make contact with other adults who engage in such conduct. From my training and experience, I am aware that pedophile offenders have a specific age preference for the juvenile victim and that when the victim surpasses.this age, the pedophile offender, no longer having sexual interest in her or him, will seek out a younger juvenile to take the victim's place sexually. It has been my experience that pedophile offenders will not stop or remain with one juvenile victim but will constantly seek out new victims, using the same method of seduction that had been successful for him. It has been my personal experience and knowledge of pedophile offender from other officers that a pedophile offender has never stopped with one juvenile victim but has continued to molest juveniles whenever the opportunity arises. From interviewing and speaking with pedophile offenders, both in an official capacity and during undercover operations, I am aware that pedophile offenders will retain photographs, magazines, movies and correspondence. This retention will span many years and the material is used by the pedophile offenders to lower the child's inhibitions and to relive the pedophile offender's experience. From the prior investigations that I had conducted and from talking to other detectives involved in pedophile investigations worldwide, I am aware of pedophile offenders retaining their pedophilic and pornographic material in excess of twenty years, and that this material has been shown to juveniles to lower the victims' inhibitions. I am aware that, depending upon the age of the juvenile victims, that pedophile offenders will often furnish drugs and alcohol to lower their inhibitions. A pedophile offender will frequently seek out employment or volunteer his or her service to be close to children and to use the authority over the children and to victimize them. I have testified as an expert in both the (Municipal and Superior) Courts in the field of the sexually exploited child and have assisted the United States Attorney's Office in formulating procedures in the federal prosecution for the importation and non-commercial distribution of child pornography.

Your affiant received intelligence that a ______(name)______of_____(address)__, has had contact with pedophiles in the_______(name)________, area and traveled to______(name)_________toengage in sexual activity with juveniles. This intelligence was received from________(name)_____,(address),_____who had interviewed a child pornographer suspect and had seized evidence indicating____, activities.

Your affiant began an undercover investigation of______(name_______corresponding with him under the alias of_____(name)_____, In the first letter____(name)_______      stated that a trusted friend sup plied______(name)___and that_________(name)_______was a firm believer in the liberal upbringing of children and had raised and photographed his ten year old daughter. Enclosed in the letter was an unmounted color slide depicting a female juvenile, approximately eight to ten years old. (Copy of letter incorporated herein as Attachment 1.) On July 12, 1983, your affiant received a letter with a return address of_________(name)______,___________(address)

The letter, dated July 7, 1983, stated in part: "Thanks for your letter and its absolutely charming enclosure. The enclosures are photos of young ladies with whom I have had extensive personal contacts in recent years. I do have some slides of the two of them engaged in educational activities that probably are similar to some that you had in mind when mentioning your daughter's liberal training. It is a good many years now since I participated directly in the educational games of my two eldest daughters,
______(name)_______, and______(name)_______, or even their young half sisters.

There is also a granddaughter but even she is well into her teens. For a few years, though, she was one of the most uninhibited and enthusiastic preteen I've ever known! tier constant responses were, Can we do it again Grandpa? and Teach me something else! I'll be in ______(name)______the last week of July and the first one in August. I'll arrive in______(name)______the 23rd or 24th. Write soon,______(name)______"

(Copy of letter incorporated herein as Attachment 2.)

Enclosed in this letter were three color photographs of preteen females nude. One photograph depicts a juvenile nude with body paint on her chest, the second photograph depicts a juvenile nude, eating watermelon. She is crouched down, her legs slightly apart and her vagina exposed. The third photograph depicts a female juvenile nude from her waist down her buttocks toward the camera and her vagina exposed. (Copy of photographs incorporated herein as Attachment 3.)

On July 12, 1983, your affiant responded In______(name)______letter suggesting that they could meet when______(name)________arrives in_______(name)______(copy of letter incorporated herein as Attachment 4). On July 20, 1983, your affiant received a second letter from______(name)_______addressed to______(name)_______.Enclosed were two black and white photographs and three color photographs all depicting preteen families in nude or semi nude poses.________(name)______stated in part: "The two B&W's of each clowning around are from color negs.. . . 1 have quite a few. I have about 30 ektachromes of each and_______(name)______in action together doing most of the things two little girls can do to each other. Presently I am cultivating the daughters nine and six of an American-Vietnamese couple here in_______(location)_______1 plan to arrive In______(location)________next Sunday afternoon, the 24th, to check into a meeting at the Hilton at the park in______(location)_____, then to the_______(location______.Friday night a friend is driving me to______(location)_______for some little girt photos at Black's Beach and a kiddy porn movie festival. Time is running short. If you'd like to phone, the. number is______(number)______." (Copy of letter incorporate herein as Attachment 5.) The two black and white photographs depict the same female juvenile with her vagina exposed and in one, her legs are wide apart. Two of the three color photographs depict two female juveniles nude laying on the beach with their legs apart. The third photographs depicts a female juvenile nude bending over with her legs spread with her vagina and buttocks to the camera. (Copy of photographs incorporated herein as Attachment 6). On July 21, 1983, your affiant contacted_____(name)_____at his residence and recorded the conversation. _____ (name) _____indicated that_____ (name) _____is a girl living in_____ (name) _____with whom he had extensive sexual contact beginning when she was six till two years ago at age ten. tie also indicated that he was going with a friend from_____ (location) _____to a child porn film festival given by some other friends in_____ (location) _____He indicated that he would bring some undeveloped film to get developed. He also identified himself as an engineer who worked for the________(name)_______.

On July 25, 1983, your affiant contacted the Hilton-at-the Park In_______(name) _____and determined that_____ (name) _____      had registered on July 24, 1983, and that he gave his home address as_____ (address) _____Your affiant then contacted the ___________________and learned that_____(name) __________has reserved e room for July 27/29. 1983.

This registration had_____ (name) _____, return address_____ (address) _____.

Based on the photographs sent and the letters indicating_____ (name) _____'s sexual interest in juveniles, your affiant is of the opinion that_____ (name) _____engaged in child sexual exploitation. The photographs sent are exhibiting the pubic and rectal areas of juveniles under fourteen years of age for the purposes of sexual stimulation of the viewer.

Based upon your affiant's experience, expertise and all of the information contained above, your affiant is of the conclusion that the property listed in the warrant will be found at the locations to be searched for the following reasons:

  1. That the person listed is a pedophile offender,
  2. That such persons do not destroy photographs and any other   reproductions depicting sexual conduct,
  3. That such persons retain these materials for the purposes of personal gratification, to gain the acceptance, confidence, and trust of other pedophiles, to exchange such materials from other pedophiles, to receive monetary gains for the furnishing of such material. to ensure protection from exposure to police authority from other persons,
  4. That correspondence from other persons is kept with the same full allegiance,
  5. That such persons gain a certain pride from the exhibition of such material,
  6. Such materials are kept secure in residence, vehicles, storage facilities and bank deposit boxes to protect themselves against seizure by police authorities; and,
  7. That all of the other materials requested for seizure will identify other children being sexually exploited and other adults who are engaging in such exploitation.

Your affiant therefore says that there is probable and reasonable cause to believe that items requested to be seized are items which tend to show that a violation of Section__________ of the (Penal Code) has occurred or is occurring. Your affiant has reasonable cause to believe that grounds for the issuance of a search warrant exists as set forth in Section __________of the_____ __________ code based upon the fact and the attachments.