C. Affidavit for Search Warrant -- Child Pornography

Part: 
Four
Chapter: 
10

      (name)      swears or affirms that he believes and has good cause to believe that photographs and film projectors, movie machines, and various documents, including: diaries, phone records, maps, receipts, ledgers, letters of correspondence and other documents used for the purpose of permitting and facilitating the sexual exploitation of children, and the distribution of obscene matter are being kept and concealed by (name and locations) ,

Said apartment is within an apartment building and the entrance is located the 6th Door South from    (street)     that has the letter "F" next to the entranceway, with the building being made of red brick, two story structure with a basement, and flat roof. Said above building is located in      (county, state)     Affiant makes the above allegations on the basis of the fact that:

  1. Affiant for a fact that: 1,      (name)      , am a detective assigned to the vice branch of the   (name)     Police Department for the past fifteen months and have investigated pornography and deviate sexual conduct.
  2. On August 8, 1977, the     (name)      Police Department received from   (name)   __Police Department a brochure (see attached #1) concerning photography, conducted by        (name and address)      Included in    the brochure were offerings concerning male homosexual activities    including masturbating and mutual male sex.
  3. On June 16, 1978, Detective      (name)      assigned to pornography investigations, interviewed      (name)      , age seventeen years who  advised     (name)         he had been approached by     (name)  who had furnished  (name)      sample photographs and had discussed the making of sexually explicit films with     (name)   as a participant. Thereafter on June 17, 1978,     (name)      advised Detective    (name)   that he had been informed by     (name)  that sexually explicit films made by      (name) were not marketed in      (location)    but were sent out of state for distribution.  (name)     further advised   (name)      that he could make extra money by modeling at the rate of $5.00 an hour with clothes on, $10.00 an hour for sexually explicit photographs and $15.00 an hour for the making of sexually explicit films.

  4. On September 19 and 20, 1978,    (name and location      was   interviewed by Detective   (name sex offence branch, name)     Police Department who advised that she had found among the personal effects of her son      (name) ,      (D. O. B.)       a series of seventeen   photographs as well as a business card of    (name)      , copies of which are attached 2-19.
  5. A review of the attachments reveals that they are photographs of a young caucasian male removing underwear and thereafter while in a nude condition, entering a small body of water, the foregoing series consisted of seven photographs. In addition the remaining ten photographs consisted of the same young white male also removing underwear thereafter photographed nude in various positions within the interior of an apartment type dwelling.
  6. On September 25, 1978, during a surveillance of    (name)      ,Detective   (name)   observed    (name______ to be the operator of a 1973 Brown Mercury Comet.
  7. On May 1, 1979, I interviewed    (name)      , a young white male,   (D. O. B.) who advised me that the following events occurred during the summer of 1978.

    1. That he was engaged as a male model by    (name)      for the purpose of fashion modeling following a presentation to his mother by   (name)      that he would be utilized as a model for fashion type photography.
    2. That in regards to this photography he was identified as bein fifteen years of age in a consent form executed by his mother.
    3. That thereafter   (name)      enticed him to pose while nude at   (name)    apartment located at    (name)      by promising him and thereafter paying him the sum of $10.00 per hour for each service.
    4. That during some of the nude photography sessions at  (name)________   apartment,  (name) also appeared in the nude and engaged in touching activity around the torso of (name)_____.
    5. That as a part of the nude modeling, he was requested to strip nude by removing one article of clothing at a time and thereafter being placed in various positions.
    6. That on one occasion he was introduced to    (name)   ___, last name unknown, described by   (name)      as a homosexual. Thereafter, during a nude modeling session at   (name)      residence arranged by    (name) ,(name)    , last name unknown displayed to him numerous photographs of nude males.    (name)___continued that    (name)      requested him to attain penile erection for purposes of additional photography.
    7. That as a result of the nude photography sessions     (name)        ­       was remunerated with checks bearing the logo "Filmakers" and as well was furnished copies of prints of himself appearing in the nude.
    8. That   (name)      maintained complete darkroom facilities at his apartment includng developing trays, lights and an enlarger. (name)     continued that he was personally handed folios of correspondence related to   (name)      photo activities and had continued that such folios were maintained in kitchen cabinets as well as a desk located in an entryway in  (name)     apartment.
    9. That on one occasion in August 1978 he was transported in a brown      Comet automobile regularly used by   (name)      to a park located in      (name)     County.    (name)       continued that he was directed against to disrobe in a piecemeal manner and enter a small body of    water.    (name)   advised that he was photographed and while nude, by (name)________.      
    10. That    (name)      suggested to him that they visit a Y.M.C.A. for   the purpose of additional photography.
    11. That during the nude photo sessions   (name)      solicited his   participation in sexually explicit homosexual and heterosexual motion pictures.
    12. That in March, 1979 he was again contacted by     (name)      who         reconfirmed the earlier proposal concerning sexually explicit   photography and who offered him $15.00 an hour for his participation.
  8. On May 1, 1979, 1 spoke with    (name)      (name)      states that he    had obtained from discarded wastepaper, a package of papers relating   to "Filmakers" attached to cor respondence directed to  (name)      ___The foregoing papers were provided to the affiant and are      attachments 20 thru 23.   (name)      verified that     (name)      is    currently a resident at      (location)     ,
  9. Thereafter the papers were reviewed and revealed a duplicate copy of a  check drawn on the (name)  National Bank bearing the logo "Filmakers." In addition was a note-o-gram dated March 28. 1979, addressed to      (name)   , as well as two pages of handwritten notes containing words    "Call-Res Rm at Y" as well as "Model Session 1 Hour. $5.00 B & W my bed    ... "
  10. On this date 1 spoke with       (name)      the wife of the individual  mentioned above who dvised on April 27, 1979, she observed a young white male exit     (name)      car, abrown 1973 Comet and enter the  apartment building with   (name)_______
  11. On May 1, 1979, I observed a 1973 brown Mercury Comet parked in front    of the apartment building where       (name)      resides.
  12. Affiant for a fact states that: 1,    (name)      , based upon my       experience in past investigations related in this area, and based upon numerous search warrants conducted personally or with my assistance. 1 know that persons who distribute or deal in pornography maintain   business records, checks, receipts, correspondence, invoices, and    accounting records reflecting orders, sales, payments and distribution of sexually explicit materials for distribution.

      Based on my experience, I believe that presently concealed at     (location)  are the previouslyset forth photographs, and/or picture film, projectors, movie machines, receipts, ledgers, letters of correspondence, and other documents used for the purpose of permitting and facilitating sexual exploitation of children and the distribution of obscene matter. Search to include but not limited to all rooms and any passageways into which they may open, all furnishings, cabinets, closets, containers, desks and drawers contained therein: special compartments in floors/walls and the personal property of persons controlling the premises. 't'o include all other areas of said premises where photographs and other above described articles could be kept and concealed.