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STATE OF KANSAS,

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OOUGLAS COUNTY

DISTRICT COURT AFFIDAVIT FOR SEARCH WARRANT 20 P 2: 28 Hln DOUGLAS COUNTY, ss: By
DISTRICT
COURT
AFFIDAVIT
FOR SEARCH
WARRANT
20 P 2: 28
Hln
DOUGLAS
COUNTY, ss:
By

COMES NOW Officer Micky Rantz, AFFIANT,

with the Lawrence Polce

Department,

and makes this Affidavit

in support of the issuance of a Search Warrant to

search the following

described

place; to-wit:

The residence located at 1104 Andover Street, Lawrence, Douglas County, Kansas 66049. The residence is described as a two story light brown with white

trim wood frame structure

located on the east side of the street

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 instrumentalities of a crime, particularly the following described items; to wit:

1.

Marijuana,

marijuana

plants, and marijuana

seeds.

2.

Plastic baggies, scales, and other drug paraphernalia

used in the

cultivation, processing, drug(s).

use, and possession

of the above mentioned

3.

Any books, record sheets, ledgers, and other documentation

recording

the sale, delivery, and possession of the above mentioned drug(s).

4.

Physical property to include, but not limited to, items that appear new, items that are in their original packaging, and items with their original sale tag(s) attached.

5.

New and discarded

packaging

material used to ship and receive items.

FURTHER, is being committed

for the purpose of showing probable

cause that a crime has been or

and that the above described

items exist and are located at the

above described place, AFFIANT states the following facts which he has reasonable

grounds to believe and does believe to be true; to wit:

Affiant has been a Kansas law enforcement

officer for over seven years.

During

that time period Affiant has worked as Drug Interdiction Officer for the City of Ft. Scott, Kansas, a Narcotics Detective and Undercover Officer for the Cherokee

County Kansas Sheriffs

as a Police Officer for the City of Lawrence.

Department,

and for the last four years Affiant has worked:

During the four year time period Affiant

:EXihibit 2

has worked for the Lawrence

Police Department,

nineteen months of that time was

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spent with the Affiant being assigned to the Lawrence/Douglas

Enforcement Unit as an investigator. Affiant has received extensive training in :

detecting and identifying

numerous investigations of violations of the Uniformed Controlled Substances Act. I

Over the years Affiant has requested

that were for violations

County Drug

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the presence of illegal narcotics.

of the Uniformed

Affiant has participated

search warrants

Act

and been granted numerous

Controlled

Substances

On the afternoon

of November 30 th , 2005, AFFIANT

requested and was

subsequently

granted a search for the residence

located at 1104 Andover,

Lawrence,

Douglas County, Kansas.

The search warrant was for an attempted

.

possession

of stolen property investigation

that AFFIANT

was working

on involving

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the business located 1904 Massachusetts, Yellow House Quality Appliance, fencingl."; stolen property. The residence located at 1104 Andover is owned and occupied by ,- Carrie and Guy Neighbors, who are also the owners of Yellow House Quality Appliance.

On December 2, 2005, at approximately

1035 hours, Officers of the Lawrence

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Police Departments, IRS Agents, Postal Inspector Agents, and AFFIANT arrived at the residence to serve the search warrant. Guy Neighbors, who had been contacte . by his wife Carrie Neighbors in reference to the search warrant at the business, arrived at the residence at approximately 1045 hours. AFFIANT explained to Mr. Neighbors that AFFIANT had a search warrant for the residence and then provided ' him with a copy of the search warrant. AFFIANT asked Mr. Neighbors for a key to the residence, so that officers would not have to force entry. Mr. Neighbors advised that he did not have a key, but kept one hidden on the back porch. Officers escorte - Mr. Neighbors to the back porch area, where he retrieved a key from a plastic trashcan containing charcoal. Before officers entered the residence Mr. Neighbors -- advised that he keeps his office door locked on the second floor of the residence, however, the key for the office is located on a bookshelf next to the door.

Officers entered and cleared the residence

announcing,

"Police Department,

Search Warrant". As AFFIANT was clearing the office area, that Mr. Neighbors had advised AFFIANT about, AFFIANT located a hidden door located behind a bookshelf. AFFIANT entered the concealed room and located what AFFIANT believes to be a concealed marijuana grow operation. Inside the room AFFIANT located several green plants approximately 6 feet tall, which based on AFFIANT'S training knowledge and experience AFFIANT believes to be marijuana. Also locate inside the concealed room was grow lights, fertilizer, several bags containing green vegetation, and a tray containing green vegetation. AFFIANT field-tested a small portion of the green vegetation, which showed a positive indication as marijuana (See digital photos below for additional descriptors of the marijuana grow operation

:

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:Marijuana: Plants I Grow Operation

Tray of green vegetation

(Field-tested

pos. for Marijuana)

Also located inside the residence were dozens of boxes containing

what

AFFIANT describes as new merchandise. The merchandise includes dozens of

boxes of new Nike tennis shoes in various sizes, Spot Bilt shoes in various sizes,

and children's jeans with the tags still attached etc

original shipping boxes that had labels still attached to them. The labels indicated

.that the items were originally supposed to be delivered to a business in Topeka,

! Kansas. The

:Neighbors telling AFFIANT

!acquaintance

The shoes were contained in

items located inside the residence are consistent with Carrie

dUring an undercover

operation that she has

that is a truck driver, who sells her property that he/she takes of

,

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'''~<;8 1'011«~~~_t ]t1~all

iCases of New Merchandise

•.•

Stacks of New Jeans with Tags

,

.

,

As officers were executing the search warrant at the residence, additional officers were executing a search warrant at the Yellow House business. During the execution of the search warrant at the business, officers briefly interviewed Carrie

Neighbors.

During the interview Carrie Neighbors told officers that no stolen items

were located at her residence, which is inconsistent with what officers located at the

residence.

Based AFFIANTS

training,

knowledge,

and experience,

AFFIANT

believes that

based on the totality of the circumstances so far, that Carrie and Guy Neighbors are knowingly involved in the receiving and distribution of stolen property (i.e. fencing

stolen property).

residence probable

stolen from an unidentified

AFFIANT

believes that based on the items located inside the

cause exist that the new item located inside the residence are

victim.

Furthermore,

to complete

a more thorough

Investigation

that a second search warrant be issued for the residence for the above

listed items.

.

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FILED

DOUGLAS

COUNTY

DIS TRieT COURT

_SEARCH WARRANT _ BY_~_ STATE OF KANSAS, DOUGLAS COUNTY, ss: TO ALL LAW ENFORCEMENT OFFICERS
_SEARCH
WARRANT
_
BY_~_
STATE OF KANSAS,
DOUGLAS
COUNTY,
ss:
TO ALL LAW ENFORCEMENT
OFFICERS
OF THE STATE OF KANSAS:
Having evidence
under oath before me from which I find there is probable cause
to believe that a crime has been or is being committed
and that certain items; to-wit:
1.
Marijuana,
marijuana
plants, and marijuana
seeds.
2.
Plastic baggies, scales, and other drug paraphernalia used in the
cultivation, processing, use, and possession of the above mentioned
drug(s).
3.
Any books, record sheets, ledgers, and other documentation
recording
the sale, delivery, and possession of the above mentioned drug(s).
4.
Physical property to include, but not limited to, items that appear new,
items that are in their original packaging,
sale tag(s) attached.
and items with their original
5.
New and discarded
packaging
material used to ship and receive items.
which items are contraband or are fruits, instrumentalities, or evidence of such crime, or
were used in the commission of such crime, are located in or upon
The residence located at 1104 Andover Street, Lawrence, Douglas County,
Kansas 66049. The residence is described as a two story light brown with white
trim wood frame structure located on the east side of the street.
YOU ARE THEREFORE
COMMANDED
forthwith,
within
ninety-six
(96) hours of
the issuance hereof, to search the person, place, thing or means of conveyance
hereinbefore specified for such items, holding them to be dealt with according to law,
and to make due return of this warrant, whether executed or not.
f2.-.m.
Issued this
2 day of Oec.l1A1btA
, 200S-, at l:iOo'clock

INVENTORY OF PROPERTY SEIZED

AND RECEIPT FOR SAME

In accordance

with the command

of this warrant, the following

items were seized

and are now in my custody, subject to the order of the court:

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I acknowledge

that I received a copy of this warrant

property

seized.

. and receipt for the above described'

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e. ~0>/k.Jea-

Signature

was served.

of person upon whom warrant

PERSONS

PRESENT

DURING SEARCH:

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RETURN O~ bae. J received this warrant on the;< day of , 20 C? ~
RETURN
O~
bae.
J received this warrant on the;<
day of
, 20
C?
~
approximately /: >0 o'clock -f2-;.,.m., and executed the same on the;<
day of
O~6rcg
, 20 0 S by seizing the property described on the
inventory and receipt attached hereto or shown on the reverse side hereof, and by
serving a true copy of this warrant and its attached inventory and receipt upon
/l/ /A
'serve same, by leaving same at
, or, there being no person available upon whom
LcsFI A.J RB>iI~

at

to

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