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This is an example of a burglary search warrant with the suspect already in custody, or

one that would be based off of an officers ( the affiant) observations. Two paragraphs
regarding nighttime service is included. Standard “boiler plate” language is also included
regarding the seizure of cell phones and computers.

On January 9, 2010 at 9:30 PM, your affiant was notified that Victor Crook was
arrested for the crime of residential burglary, under San Luis Beach Police Department
report number 10-0546. Victor Crook was suspected for involvement in three different
and separate burglaries within the last month in the City of San Luis Beach. Your affiant
was aware of these burglaries, as they were summarized in a San Luis Beach Police
Department Crime Analysis Unit briefing report, number 10-002, which is attached to
this search warrant as reference (Exhibit 1). This Crime Analysis Unit report list four
residential burglaries (three completed, one attempt), under the following report numbers:
#10-341 (Exhibit 2); 10-367 (Exhibit 3); 10-461 (Exhibit 4) and 10-482 (Exhibit 5).

Your affiant was notified by Officer H. Adams, San Luis Beach Police
Department, that Victor Crook was stopped by San Miguel Beach Police Department
after a police broadcast was made of an attempt burglary at 501 Wave Avenue in San
Luis Beach. The information in the broadcast included a suspect description, property
that suspect was carrying (specifically a black nylon bag and a “blow torch”) and
description of suspect Victor Crook’s vehicle along with a partial plate of 3ASP for
suspect’s vehicle. Victor Crook was in possession of a small propane torch (“blow
torch”) a black nylon bag and gloves in his vehicle. Victor Crook matched the
description given in the broadcast and Victor Crook’s vehicle plate is 3ASP085. A field
show up was completed by Officer Adams, where the victim’s identified Victor Crook as
the same person that was at the front door of the location (501 Wave Avenue, San Luis
Beach), attempting to gain entry by using a “blow torch”. The victims were also to
identify Victor Crook the clothing worn by Victor Crook, the “blow torch” and the
vehicle being driven by Victor Crook. Victor Crook was then arrested for suspicion of
residential burglary.

Statement of Probable Cause


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Your affiant contacted Victor Crook at the San Luis Beach Police Department Jail
with Detective Eric Arrestar. Your affiant read Victor Crook his Miranda warnings from
San Luis Beach Police Department form #245. A copy of this form is attached as
reference (Exhibit 6). Victor Crook understood his Miranda rights and agreed to talk
with detectives. Your affiant told Victor Crook that I (Sgt. Joe Officer) wanted to get
back the victims property that Victor Crook had stolen. Victor Crook was very
cooperative and spoke with your affiant and Detective Arrestar and agreed to help get
back property taken.

Your affiant showed Victor Crook the first page of the Crime Analysis Unit
bulletin and told Victor Crook that these were the burglaries that I was interested in
getting property back from. I read the list of stolen items from San Luis Beach Police
report #10-0341. Victor Crook was aware of the property taken as listed in this crime
report, and told your affiant that most, if not all of the property was currently at his
residence at 1805 Seaweed Drive, unit #A, San Miguel Beach. One of the watches that
were listed in this report was also being worn by Victor Crook at the time of his arrest.

Your affiant was notified by Officer Jefferson (San Luis Beach Police
Department) that during a search of Victor Crook’s vehicle, vehicle keys belonging to the
victim (Sally Washington) from San Luis Beach Police report number #10-0367 were
found in the vehicle.

Your affiant went through the other listed crime reports and asked Victor Crook
about the property taken from the residences. Victor Crook told your affiant that some of
the property was at his Seaweed address, some had been pawned, some had been thrown
away, some had been traded for narcotics, other property is at an apartment unit that
Victor Crook is currently refurbishing and some property he stored at an apartment
complex. Victor Crook told your affiant that his mother owns apartment complex’s in
the South Bay area of Los Angeles, and that his regular work is conducting
maintenance/managing these apartment units. Victor Crook told your affiant that t he
has access to these units as a result of being the manager/maintenance person for these

Statement of Probable Cause


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apartment complex’s. Victor Crook said that his apartment unit is one of the apartment
complexes that his mother owns.

Your affiant was told by Victor Crook, that he has a gambling and narcotic
addiction and these were the motives for his burglaries. Victor Crook said that he would
use the propane torch to heat up the glass, as it does not make noise, and when the glass
would break out, he would then reach in and enter the residence. Victor Crook only
committed these crimes when he felt certain that no one was home. Victor Crook would
knock or ring the door bell, and sometimes leave a piece of mail propped up against the
front door. Victor Crook would check about five minutes later to see if the piece of mail
was still propped up against the door, if so, this would give Victor Crook certainty that no
one was home, and he would then break in. Victor Crook said he only took items (i.e.
jewelry, watches) that were easily cancelable and did not ransack the locations.

During this interview with Victor Crook, it was learned that there were at least
two other residential burglaries reported in the City of San Miguel Beach. Victor Crook
took responsibility for these burglaries. Your affiant did not have a copy of a police
report to ask Victor Crook what property is where from these San Miguel Beach
residential burglaries.

Detective Arrestar went with Victor Crook, who showed Detective Arrestar his
(Victor Crook’s) apartment at 1805 Seaweed Drive, Unit #A, San Miguel Beach. Victor
Crook had a front door key to this unit. Victor Crook also showed Detective Arrestar the
storage closet at 1800 San Miguel Avenue. 1800 San Miguel Avenue apartment complex
is owned by Victor Crook’s mother. Victor Crook told Detective Arrestar that he is the
manager for this apartment complex and Victor Crook had a key that fit the closet storage
door. Victor Crook also had a key to the apartment unit at 110 34th Street, San Miguel
Beach. Victor Crook said that his mother is the owner of the apartment complex at 110
34th Street, San Miguel Beach, and that this is the apartment that he is currently
refurbishing.

Statement of Probable Cause


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Based upon the information contained in this affidavit, coupled with your affiant’s
training and experience, your affiant requests permission to execute this search warrant at
the locations listed on page #2 in an effort to recover items relating to the series of
burglaries, or to locate any evidence that will confirm that Victor Crook is responsible for
the crime of residential burglaries, including those crimes as listed in the San Luis Beach
Crime Analysis Unit bulletin #10-002. Your affiant has reason to believe and does
believe that there is stolen property taken from these residential burglaries at the premises
for which this warrant is requested.

The following two paragraphs in italics are examples of language for night time
service authorization, the first example when someone is arrested (location may or may
not be occupied) during night time hours and the second example for an unoccupied
location -

Your Affiant requests this Search Warrant be endorsed for night time service
based upon the information set forth herein and your Affiant’s experience in the past that
when a suspect is arrested for a felony crime he will attempt to notify co-conspirators,
friends and associates immediately so that they can destroy, secrete, or dispose of stolen
property and other items of evidence which can be used against him/her. It is likely that
the fact of the arrest will become known quickly either as a result of the arrestee’s
disappearance or the arrestee’s authorized telephone calls at booking. In view of these
facts, it is your Affiant’s opinion that this Search Warrant must be served as soon as
possible, before the arrest becomes known and the items sought are destroyed, disposed
of, or concealed.

OR

Your Affiant requests this Search Warrant be endorsed for night time service
based upon the facts set forth above and the following: Following the arrests of the
occupant(s) of the premises, peace officers / police officers remained within the premises

Statement of Probable Cause


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in order to prevent friends and associates of the occupant(s) from entering and disposing
of or destroying the evidence and/or stolen property and/or other items sought. Since no
purpose would be served by requiring the officers to wait within the now otherwise
unoccupied premises until 7:00 a.m., and since the risk of a confrontation increases if
friends or associates of the arrestee(s) come to the premises to dispose of items, your
Affiant requests an endorsement permitting search during the night time hours.

Your affiant has been present during the execution of numerous search warrants.
In virtually all of these instances, your affiant has observed utility bills pertaining to the
location and/or personal letters addressed to the occupants of the location within the
residence being searched. On many occasions, your affiant has observed handwritten
notes or papers, keys that fit the location locks, and wallets, purses, diaries, phone books,
and luggage tags, all of which contained in or upon them some personalization or which
tended to identify the owner(s) thereof and thus circumstantially identified to your affiant
the occupant(s) of the premises for the purposes of arrest, identification and crime
charging.

Your affiant also requests if computers belonging to Victor Crook are located
within the grounds being searched as authorized by this warrant that I be allowed to seize
such computers.

An off site search of the suspect’s computer system, including all storage devices,
is needed as your affiant’s experience has shown that computer systems can store an
equivalent to hundreds of thousands or even millions of pages of information. Also, as
suspect’s can disguise or rename computer files at will, a complete search of all the data
on the computer system may be necessary. This can best be done in a controlled
environment with forensic equipment. This will assist not only your affiant’s
investigation, but also the interests of the suspect(s) in this matter.

Statement of Probable Cause


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In order to assure that the computer system can be forensically examined all
peripheral equipment, such as computer hardware, software and external storage devices
will need to be collected along with manuals and support documentation. Computer
hardware consists of all equipment which can collect, analyze, create, display, convert,
store, conceal, or transmit electronic, magnetic, optical, or similar computer impulses or
data.

As evidence in this matter could be stored either on a computer hard drive or on


removable storage devices, such as, floppy disks, CD’s, or tapes, all removable storage
devices would need to be seized. Due to the storage capacity of removable storage
devices an on scene inspection of them would not be practical. With respect to computer
systems and any items listed above found during the execution with this Search Warrant, the
searching Peace Officers are authorized to seize and book said computer systems and any
items listed above and transfer them to a Law Enforcement Agency location prior to
commencing the search of the items. Furthermore, said search may continue beyond the
ten-day period beginning upon issuance of this Search Warrant, to the extent necessary to
complete the search on the computer systems and any items listed above.

Statement of Probable Cause


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