Case 2:08-mj-08069-DJW Document 1 Filed 07/14/08 Page 1 of 6

FILED
IN THE UNITED STATES DISTRICT COURT 1 4 2008
FOR THE DISTRICT OF KANSAS

IN THE MATTER OF THE SEARCH OF ) B

GUY MADISON NEIGHBORS AND ) Case Nos. "08-MJ-8069-DJW &
CARRIE MARIE NEIGHBORS. ) 08-MJ-8070-JPO

APPLICATION AND AFFIDAVIT

FOR SEARCH WARRANT

I, Charles H. Backer, a Special Agent for the United States Department of Justice,

Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), being of lawful age,

having first duly sworn upon my oath, do hereby depose and state:

Affiant makes this affidavit in support of the issuance of a search warrant to

search the following described place; to wit;

1. The person of Guy Madison Neighbors (B/M DOB: 01/12/1959),

2. The person of Carrie Marie Neighbors (W/F DaB: 08/13/1961),

and there to seize anything which has been used in the commission of a crime or which is

contraband or which is property which constitutes or may be considered part of the

evidence, fruits or instrumentality's of a crime, particularly the following described

items; to wit;

1. The known DNA sample of Guy Madison Neighbors (B/M DOB: 01/12/1959),

via saliva swab

2. The known DNA sample of Carrie Marie Neighbors (W/F DaB: 08/13/1961), via

saliva swab

This Affidavit contains information necessary to support probable cause for this

application. It is not intended to include every fact or matter observed by me or

 Case 2:08-mj-08069-DJW Document 1 Filed 07/14/08 Page 2 of 6

known by law enforcement. The information provided is based on my personal

knowledge and observations during the course of this investigation, information

conveyed to me by other law enforcement officials, and my review of records,

documents, and other physical evidence obtained during this investigation. From my

review of reports and other statements prepared by law enforcement officers I have

learned that:

1. That I have been a Special Agent with ATF since July 30, 2001. Prior to this, I

was employed as a Police Officer with the St. Louis County Police

Department for three years, and the St. Louis Metropolitan Police Department

for four years. I received extensive training at the Federal Law Enforcement

Training Center and I am a graduate of their Criminal Investigator Training

Program, and the ATF New Professional Training. My duties as a Special

Agent consist of investigating criminal violations of federal alcohol, tobacco,

firearm, arson, and explosives laws. During the course of my employment, I

have also participated in numerous investigations related to the manufacture,

consumption, and distribution of Controlled Substances, which has led to the

successful prosecution of the suspect( s),

2. Between the months of October, 2005, through December, 2005, Officer

Micky Rantz and Officer Jay Bialek, both officers with the Lawrence Kansas

Police Department, were assigned to work on an investigation involving the

owners of the Yellow House Variety Store fencing stolen property in the

Lawrence, Douglas County, Kansas area. The investigation involved the

owners of the Yellow House business, Guy Madison Neighbors (BIM DOB
Case 2:08-mj-08069-DJW Document 1 Filed 07/14/08 Page 3 of 6

01/13/1959) and Carrie Marie Neighbors (WIF DOB 08/13/1961), allegedly

buying stolen property from numerous individuals and then in tum selling the

stolen property on eBay. During this time period Officers conducted

numerous interviews, trash-pulls, undercover operations, and controlled

purchases of stolen property off of eBay. As a result of the investigation

Officer Rantz applied for and was subsequently granted a State of Kansas

search warrant for the Neighbors' Yellow House business, located at 1904

Massachusetts Lawrence, Douglas County, Kansas, and for the Neighbors'

residence, located at 1104 Andover Lawrence, Douglas County, Kansas.

3. On December 2,2005, Postal Agents, IRS Agents, Douglas County Deputies,

and Officers/Detectives of the Lawrence Police Department executed the state

search warrants. During the execution of the search warrant at the residence,

Officer Rantz located a false wall inside a second floor office area, which was

located off of the master bedroom. Inside the concealed room were several

mature marijuana plants, several starter marijuana plants (18 plants total),

several bags of processed marijuana, scales, pipes, and other misc. drug

paraphernalia. Due to the scope of the original search warrant Officer Rantz

applied for and was subsequently granted a state piggyback warrant in regards

to the drug violations.

4. As Officers were conducting the initial search of the residence, Lawrence

Police Department Detective Lance Flaschbarth conducted an interview with

Guy Neighbors, who was present at the residence. During the interview Guy

Neighbors admitted to the marijuana violations and advised that all of the
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marijuana was for personal use. Guy Neighbors also advised that he had been

growing marijuana for a couple of years and that he had a marijuana bong and

some marijuana pipes in the marijuana grow room.

5. The drug evidence that was collected from the marijuana grow room was sent

to the Kansas Bureau of Investigation (KBI) for Laboratory analysis. The

laboratory analysis indicated that 379 grams of marijuana was confiscated

from the residence. One plant was tested by the KBI lab, which tested

positive as marijuana and the other seventeen plants analysis is still pending.

Also tested was drug paraphernalia consisting of three types of marijuana

smoking devices, all of which tested positive for Tetrahydrocannabinol

(THC).

6. After the initial search warrants were executed in December 2005, Officers

and Agents continued to investigate Guy and Carrie Neighbors and their

Yellow House business, as well as, other co-conspirators involved in the

investigation. During the investigation of the co-conspirators, Affiant became

involved with the investigation, due to two co-conspirators illegally

possessing firearms.

7. On July 6, 2006, as a result of the on going investigation, US Postal Inspector

David Nitz applied for and was subsequently granted Federal Search Warrants

for Guy and Carrie Neighbors' residence and their Lawrence Yellow House

business. The Federal Search Warrant Affidavit was signed by the Honorable

James P. O'Hara (Case No. 06-M-8075-01-JPO). On July 7, 2006, agents and

officers executed the search warrants. Upon making entry into the residence
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officers discovered that a second marijuana grow operation had been

established in the same room that officers had previously confiscated

marijuana plants and drug paraphernalia from in December 2005. Officer

Rantz applied for and was subsequently granted another State of Kansas

piggyback warrant to collect the drug evidence. During the execution of the

search warrant officers collected four marijuana plants, grow lights, processed

marijuana, pipes, rolling papers, a bong, marijuana cigarettes, fertilizer,

buckets, tubing, and hoses.

8. Items collected from the second search warrant were again sent to the KBI for

laboratory analysis. The KBI analysis indicated that the plants tested positive

for Tetrahydrocannabinol (THC), the pipe and bong tested positive for THC,

as well as, marijuana being detected in the hand rolled cigarettes.

9. On July 7, 2007, Guy and Carrie Neighbors were indicted in the United States

District Court for the District of Kansas for knowingly and intentionally

combining, conspiring, and agreeing together with each other, and with other

persons known and known to the Grand Jury, to commit the following offense

against the United States: to manufacture marijuana, a controlled substance; in

violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(D), all

in violation of Title 21, United States Code, Section 846 (Count 1). Guy and

Carrie Neighbors were also indicted for knowingly and intentionally

manufacturing marijuana, a controlled substance, on December 2, 2005 and

again on July 7, 2006 (Counts 3 and 4), all in violation of Title 21, United
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States Code, Sections 841(a)(l), and (b)(l)(D) and Title 18, United States

Code, Section 2.

10. Based on Affiant's training, knowledge, and experience Affiant knows that

saliva, containing a person's DNA profile, is commonly transferred from a

person's mouth to pipes, bongs, and hand-rolled marijuana cigarettes during

the ingestion of smoking marijuana. Numerous pieces of this type of drug

paraphernalia was located, confiscated, and tested, which came from the

interior of the marijuana grow room located inside the Neighbors' residence.

Therefore, in order to continue with a complete and thorough investigation

into the conspiracy to the manufacture of marijuana by Guy Madison

Neighbors (B/M DOB 01/12/1959) and Carrie Marie Neighbors (W/F DOB

08/13/1961), affiant requests search warrants be issued for the known DNA

sample, via oral swab and/or blood draw (red top vial and/or purple top vial)

of the above listed defendants.

Special Agent

Sworn to before me and subscribed in my presence this 14th day of July, 2008, at

Kansas City, Kansas.

David J. Waxse
United States Ma istrate Judge