B. Affidavit for Search Warrant -- Child Pornography

Part: 
Four
Chapter: 
10

_____ (name) _____, being sworn, says that on the basis oft he information contained within this affidavit, he 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)

 (MODIFY FOR JURISDICTION)

_____ tends to show that sexual exploitation of a child has occurred or is occurring_____ was stolen or embezzled

_____ 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 it or preventing its discovery is evidence, which tends to show that a felony has been committed or a particular person has committed a felony; and that he 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

I. _____ (locationu_____, described as a two story woodframe house covered with brown asphalt shin gles. The numerals_____ are_____ attached to the door frame. 2. _____ (name) _____, male caucasian, black hair, brown eyes, _____ (description) ____For the following property: 1. Photographs, negatives, slides, depicting juveniles including, but not limited to_____ (name) _____ (and description)      ,undressed, nude and/or engaged in sexual activity. 2. Magazines and/or movies depicting nudity and/or sexual activity used to lower the inhibition of juveniles. 3. Cameras and camera equipment including, but not limited to camera, enlargers, developing equipment, projectors. 4. Items of identification including but not limited to, utility bills, cancelled mail tending to identify the person or person in control of the premise. 5. Address books, notations, records, phone books tending to identify the juveniles.

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 if 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____________________Court____________________________ ____________

Superior/Municipal          Judicial District

Prepared with the assistance of, or reviewed by:________________ _____________
Deputy

Your affiant is_____        (name)________        I am a detective for the_____ (location) _____, and have been so employed for past_____years. For the past_____years, I have been assigned to the (Sexually Exploited Child Unit of the Juvenile Division). I have been assigned to said (Juvenile Division) for the past_____years. I 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 participated in training and have read numerous publications dealing with the, sexual exploitation of chil dren. I have talked to in excess of_____sexually exploited children and in excess of_____admitted childmolesters. I have read and examined in excess of_____letters between pedophiles describing their admitted sexual conduct with children and the manner in which they exploited said children for sexual gratifica tion. 1 have examined in excess of_____photographs during these investigations which depict children engaged in sexual activities with themselves, 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 pedophiles 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 pedophiles have a specific age preference for the juvenile victim and that when the victim surpasses this age, the pedophile, 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 pedophiles 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 pedophiles from other officers that a pedophile has never stopped with one juvenile victim but has continued to molest juveniles whenever the opportunity arises. From interviewing and speaking with pedophiles, both in an official capacity and during undercover operations, I am aware that pedophiles will retain photographs, magazines, movies and correspondence. This retention will span many years and the material is used by the pedophiles to lower the child's inhibitions and to relive the pedophile's experience. From the prior investigations that I had conducted and from talking to other detectives involved in pedophilic investigations worldwide, I am aware of pedophiles retaining their pedophilic and pornographic material in excess of twenty years, and that this material has been shown to juveniles to lower the victim's inhibitions. 1 am aware that, depending upon the age of the juvenile victims, that pedophile will often furnish drugs and alcohol to lower their inhibitions. A pedophile 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. On March 2.5, 1983,    (name)            (address)       , went to Police Station and reported that        (name)    , had been molesting their son,    (name)      Your affiant was contacted by      (name) detectives and advised of the complaint. Your affiant contacted      (name)      , had never been married and has always had an interest in boys. On March 24, 1983,  (name)      , told his father       (name)      , had sexual relations with him between the age of twelve to sixteen.     (name)      , is aware that   (name)     is a    (name)    school teacher and a Boy Scout Leader. In addition, he was a Big Brother and a Parks Director.      (name)      , is frequently with young boys, taking them on trips and having them in his home. On March 25, 1983, your affiant interviewed        (name)    , stated that he is nineteen years old. When      (name)      was twelve he would frequently visit     (name)        , at his residence, __    (address)__           (name)      , had items such as trains and clay that was of interest to      (name)      While there (name)      would encourage____(name)     , to be photographed and as this photography continued,     (name)  __. was convinced to be photographed nude.    (name)      then began to molest    (name)      The majority of the molestation being oral copulation. The victim stated that     (name)      did try to sodomize him on some occasions.    (name)      , stated that___  (name)_______is a photographer and had a darkroom set up in the attic. Most of the photographs were done in black and white and__     (name)    observed photographs of himself, nude and being orally copulated by__      (name)    (name) __     stated that he also saw photographs of other male juveniles, taken inside__     (name)      , house and these photographed depicted juveniles nude and engaged in sexual activity. __   (name)      , stated that     (name)      had movies depicting sexual activity and that (name)__    would show__      (name)      these movies to get him excited.    (name) ___  stated that___    (name)______kept many of the photographs under his bed or in other parts of his bedroom and in the attic with the darkroom equipment. 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 be found at the locations to be searched for the following reasons:

  1. That the person listed is a pedophile,
  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.
  3. That correspondence from other persons is kept with the same full allegiance.
  4. That such persons gain a certain pride from the exhibition of such material.
  5. That such materials are kept secure in residence, vehicles, storage facilities, and bank deposit boxes to protect themselves against seizure by police authorities, and
  6. 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 felony has been committed. To wit Section __    of the (Penal Code). Your affiant has reasonable cause to believe that grounds for the issuance of a search warrant exists as set forth in Section__     __    of the (Penal Code), based upon the facts and the attachments.