Application

l-l

STATE OF MINNESOTA, COUNTY OF BELTRA

COURT
STATE OF MINNESOTA

EARCH WARRANT AND

APPLIC
SUPPORTING AFFIDAVIT.

)
) SS.

COUNTY OF BELTRAM]
Inv. Joe Kleszyk , being duly sworn upon oath, hereby makes application to this Court for a warrant to search
the Premises, hereinafter described, for the property and things hereinafter described.

Afant knows the contents of this application and supporting afdavit, and the statements herein are true of
his/her own knowledge, save as to such as are herein stated on information and belief, and as to those, he/she
believes them to be true.
Afant

has good reason to believe, and does believe, that the

following described property and things, to wit:

Any and all information retained by Facebook in reference to user:

-

Melissa Sue Norby; Date of Birth: 08/07/1980

URL: https://www.facebook.com/melissa.norby.1
Screen Name: Melissa Norby

including content and attachments, email originating from, or being sent to, free and paid
services, chat logs that include this screen name/address, and billing information, profile contact
information, status update history, shares, notes, wall postings, user photoprint, group contact
info. Private messages including those found in the Inbox, Trash, and Sent mail including any
and all blogging and/or text. Also any photographs sent, received, or posted to include any
metadata produced by the photographs that would include when the photos were taken and by
what device. Also any location services that Facebook may offer to show a location of the above
users and any IP addresses kept for the user when they logged in. For the time period of April
1St 2016 through June
22, 2016.

Your Afant requests that the court order Facebook not to notify any person (including the
subscribers or customers of the account(s)) listed in the search warrant of the existence of the search
warrant until further order of the court. Facebook is a provider of electronic communications
service, as dened in 18 U.S.C. 2510(15) and Minn. Stat. 626A.01, subd. 17, and/or a remote
computer service, as defined in 18 U.S.C. 2711(2) and Minn. Stat. 626A.34. This Court has authority
under 18 U.S. Code 2705 (b) and Minn. Stat. 626A.30 subd. 2 to issue an order commanding a
provider of electronic communications service or remote computing service to whom a warrant,
subpoena, or court order is directed, for a period as the court considers appropriate, not to notify
any other person of the existence of the warrant, subpoena, or court order. Such an order shall be
entered if the court determines there is reason to believe that the notification of the existence of the
warrant, subpoena, or court order will result in: (1) endangering the life or physical safety of an
individual; (2) flight from prosecution; (3) destruction of or tampering with evidence; (4)
intimidation of potential witnesses; or (5) otherwise seriously jeopardizing an investigation or unduly
delaying a trial. Your Afant believes if Facebook noties the user (of the above listed email
accounts) of the issuance of a search warrant, the suspect may ee from prosecution, and destroy or
dispose of evidence as he will know that authorities are investigating the leads provided by Facebook.
Therefore, your Affiant requests the Court to order Facebook not to disclose the existence or content
of the search warrant, except that Facebook may disclose the warrant to an attorney for Facebook
for the purpose of receiving legal advice.
are at the premises, described as:

COPlES TO: COURT

PROS.ATTY

PEACE OFFICER

Application

1-2

Facebook, Inc.
1601 Willow Road

Menlo Park, California 94025

A corporation that regularly conducts business providing electronic email services or wireless
telephone services to residents and the general public in the State of Minnesota.
This search warrant is being executed on a foreign corporation in a different state than Minnesota
pursuant to Minn. Stat. 626.18, Subd. 2
located in the City

of Menlo Park, County of Santa Clara, and State of California.

This afant applies for issuance of a search warrant upon the following grounds:
- The property above-described constitutes evidence which tends to show a crime has been committed,
tends to show that a particular person has committed a crime.

COPIES TO: COURT

PROS.ATTY

PEACE OFFICER

or

Application

The facts tending to establish the foregoing grounds for issuance

1-3

of a search warrant are as follows:

Your Afant, Investigator Joseph Kleszyk, is a licensed peace Ofcer in the state of Minnesota, and has been since
2007. Your Afant is employed by Beltrami County Sheriff 5 Ofce, and has been since 2008. Your Afant is a
Investigator with the Beltrami County Sheriffs Ofce. Your Afant has a Bachelors Degree and an Associates
Degree in Criminal Justice from Bemidji State University. Through his career, Your Afant has investigated DWIs,
assaults, burglaries, robberies, narcotics crimes, nancial crimes, property damage crimes, and many other crimes.
Your Afant knows:
Based on Your Afants training, experience, and participation in investigations and based upon conversations with
other experienced Investigators with whom Your Afant is associated, Your Afant knows:

On 06/22/16 at approximately 0330 hrs. Bemidji Police Ofcers responded to 3900 Irvine Ave. NE., Lot 824 for
report of a mobile home on re. Upon arrival ofcers established a perimeter around the trailer, which was illy
engulfed in ames. While on scene ofcers identied the residence to be that of Melissa Norby.

As reghters entered the residence to extinguish the ames, they located a deceased female inside the residence.
The deceased female matched the physical description of Melissa Norby. Norbys body was located with her arms
bound, and was positioned underneath a mattress.

An initial re investigation was conducted by Bemidji Fire Department and the Minnesota State Fire Marshall.
Initial assessments of the re indicated that it is believed that an accelerant was used to ignite the re.
Through the course of investigation it was also determined that a ve-year-old female was staying with Norby at the
time of her death, and the re. The whereabouts of this ve-year-old are unknown at this time, as her body was not
located inside the residence. An active investigation is underway to locate the child.

Your Afant and Investigator Thompson spoke with two females whom had been identied as friends of Nordbys,
Sarah Anderson and Keali Bryan. Investigators took recorded statements from both females.
During conversations with both females it was learned that Norby utilizes F acebook as a common form of
communication. Bryan stated that she believes Norby uses Facebook as her main form of communication.
Investigators were told by both females that Norby utilizes online dating services and Facebook apps to locate
prospective dates.

While speaking with Anderson she allowed Your Afant to View her Facebook account. Anderson was friends with
Norby and observed communication between the two parties.
Through the course of this investigation several individuals have been identied as people of interest. Law
Enforcement has been able to conrm that these people of interest are either friends with Norby on F acebook, or
have communicated with her or liked her Facebook page.

Your afant knows searching Facebook and electronic devices such as cellular phones is fruitful to death and
missing person investigation. Searching social media platforms commonly provides information on the events
occurring prior to a victims death. Social media platforms store information such as location information, recent
contacts with others, and activities of the victim. The information stored assists law enforcements with the
identication of witnesses, and suspects. Your afant knows reviewing data contained in the victims Facebook
prole may aid law enforcement in determining who bound and killed Norby, and the whereabouts of the missing 5
year old.

Your Afant knows that Facebook is a free online social networking website. This service allows its users to create
their own proles, which can include biographical information as well as personal interests. Your Afant knows that
each registered F acebook prole is provided a specic Prole ID Number to identify their Facebook account.
The service permits its users to send and receive private messages with other registered Facebook users. The service
allows a registered Facebook user to request permission from another registered Facebook user to be Friends.

COPIES TO: COURT

PROS.ATTY

PEACE OFFICER

Application

These users are also allowed to set their proles settings to private, restricting the viewing
who are not Friends or personally invited by that user.

1-4

of their sites from those

Your Afant searched Facebook and located public proles belonging to Norby
(URL: https://www.facebook.com/melissa.norby.1; Screen Name: Melissa Norby),
Your Afant knows through his training and experience that Facebook is used to facilitate conversations using
private messaging capability.
Your Afant knows that Facebook provides computer storage space in order to maintain and/or save the information
created in the users accounts. Items contained in this storage space can include electronic communications (emails)
between subscribers and other parties, graphics images and/or text les, intemet history and/or intemet hyperlinks,
le transfer protocol logs, website access logs, IP logs, programs and other types of data stored electronically.
Your Afant knows that Facebook also maintains records pertaining to the individuals and/or other users who have
accounts with their companies. This information can include account application information, user log in
information, account usage reports, email transaction information, news group access and posting information both
electronically kept and handwritten that records the activates of these accounts relating to the subscribers use of this
servrce.
The remote computing service known as Facebook is located at 1601 Willow Road, in Menlo Park, California. This
company provides access to the intemet to individuals and/or users who have subscriptions, memberships and/or
afliation with their company.

It should be noted that Facebook, Inc. is a foreign corporation located outside the State of Minnesota in the State of
California. The Court has jurisdiction to issue a Minnesota State Search Warrant for records held by the above
corporation pursuant to Minnesota State Statute 626.18 Subd. 2 (a), which allows a search warrant for records that
are in actual or constructive possession of a foreign corporation that provides electronic communication services or
remote computing services to the general public, where those records would reveal the identity of the customers
using those services; data stored by, or on behalf of, the customer, the customers usage of those services; the
recipient or destination of communications sent to or from those customers; or the content of those messages.
Your afant knows that F acebook is willing to take all legal compliance via their Law Enforcement Online Request
System at facebook.com/records. Your afant seeks the permission of the court to serve the search warrant on the
corporation via their Law Enforcement Online Request System.
Your Afant believes that the records retained by F acebook will assist law enforcement in furthering this
investigation. Your Afant requests the Courts permission to search the F acebook prole listed on the face of this
application.

Your Afant requests that the records retained by Facebook be provided to law enforcement as fast as possible, as
this active investigation continues to locate the whereabouts of the missing the ve-year-old child. Your Afant
knows that in investigations of missing persons timeliness is essential.

COPIES TO: COURT

PROS.ATTY

PEACEOFFICER

Application

l-5

WHEREFORE, Afant requests a search warrant be issued, commanding Sgt. Walton, Inv. Joe Kleszyk
under your direction and control
, (a) peace ofcer(s), of the State of Minnesota, and all other personnel
between the hours of 7:00 am. and 8:00 pm. only to search the hereinbefore described Premises, for the
described property and things and to seize said property and things and keep said property and things in custody
until the same be dealt with according to law.

day

of

20

LU

COPIES TO: COURT

PROS.ATTY

PEACE OFFICER

Warrant

l-l

SEARCH WARRANT
9TH DISTRICT COURT
STATE OF MINNESOTA, COUNTY OF BELTRAMI
TO: SGT. WALTON, INV. JOE KLESZYK , (A) PEACE OFFICER(S) OF THE STATE OF MINNESOTA.
WHEREAS, INV. JOE KLESZYK has this day on oath, made application to the said Court applying for
of a search warrant to search the following described Premises, :

issuance

Facebook, Inc.
1601 Willow Road

Menlo Park, California 94025

A corporation that regularly conducts business providing electronic email services or wireless
telephone services to residents and the general public in the State of Minnesota.
This search warrant is being executed on a foreign corporation in
pursuant to Minn. Stat. 626.18, Subd. 2
located in the City
and things:

different state than Minnesota

of Bemidji, County of Beltrami, STATE OF MINNESOTA for the following described property

Any and all information retained by Facebook in reference to user:

-

Melissa Sue Norby; Date of Birth: 08/07/1980

URL: https://www.facebook.com/melissa.norby.1
Screen Name: Melissa Norby

including content and attachments, email originating from, or being sent to, free and paid
services, chat logs that include this screen name/address, and billing information, prole contact
information, status update history, shares, notes, wall postings, user photoprint, group contact
info. Private messages including those found in the Inbox, Trash, and Sent mail including any
and all blogging and/or text. Also any photographs sent, received, or posted to include any
metadata produced by the photographs that would include when the photos were taken and by
what device. Also any location services that Facebook may offer to show a location of the above
users and any IP addresses kept for the user when they logged in. For the time period of April
15 2016 through June 22, 2016.
This court orders Facebook not to notify any person (including the subscribers or customers of the
account(s)) listed in the search warrant of the existence of the search warrant until further order of
the court. Facebook is a provider of electronic communications service, as dened in 18 U.S.C.
2510(15) and Minn. Stat. 626A.01, subd. 17, and/or a remote computer service, as defined in 18
U.S.C. 2711(2) and Minn. Stat. 626A.34. This Court has authority under 18 US. Code 2705 (b) and
Minn. Stat. 626A.30 subd. 2 to issue an order commanding a provider of electronic communications
service or remote computing service to whom a warrant, subpoena, or court order is directed, for a
period as the court considers appropriate, not to notify any other person of the existence of the
warrant, subpoena, or court order. Such an order shall be entered if the court determines there is
reason to believe that the notication of the existence of the warrant, subpoena, or court order will
result in: (1) endangering the life or physical safety of an individual; (2) ight from prosecution; (3)
destruction of or tampering with evidence; (4) intimidation of potential witnesses; or (5) otherwise
seriously jeopardizing an investigation or unduly delaying a trial.
This Court has determined that it is reasonable to believe that if Facebook noties the user (of the
above listed email accounts) of the issuance of a search warrant, the suspect may ee from
prosecution, and destroy or dispose of evidence as he will know that authorities are investigating the
leads provided by F acebook. This Court orders Facebook not to disclose the existence or content of

COPIES TO:

COURT

PROS.ATTY

PEACE OFFICER

PREMISES/PERSON

Warrant 1-2

the search warrant, except that Facebook may disclose the warrant to an attorney representing
F acebook for the purpose of receiving legal advice.

WHEREAS, the application and supporting afdavit of lnv. Joe Kleszyk was/were duly presented and read by
the Court, and being fully advised in the premises.
NOW, THEREFORE, the Court nds that probable cause exists for the issuance of a search warrant upon the
following grounds:
- The property above-described constitutes evidence which tends to show a crime has been committed,
tends to show that a particular person has committed a crime.

or

The Court further nds that probable cause exists to believe that the above-described property and things are
at the above-described premises,

NOW, THEREFORE, YOU SGT. WALTON, INV. JOE KLESZYK THE PEACE OFFICER(S)
AFORESAID, AND ALL OTHER PERSONNEL UNDER YOUR DIRECTION AND CONTROL ARE
HEREBY COMMANDED BETWEEN THE HOURS OF 7:00 AM. AND 8:00 P.M. ONLY TO SEARCH THE
DESCRIBED PREMISES, FOR THE ABOVE-DESCRIBED PROPERTY AND THINGS, AND TO SEIZE
SAID PROPERTY AND THINGS AND TO RETAIN THEM IN CUSTODY SUBJECT TO COURT ORDER
AND ACCORDING TO LAW.

Dated

ga W
~

COPIES TO:

COURT

PROS.ATTY

PEACE OFFICER 0

PREMISES/PERSON

RECEIPT, INVENTORY AND RETURN 1-1

9TH DISTRICT COURT

STATE OF MINNESOTA, COUNTY OF BELTRAMI

RECEIPT, INVENTORY AND RETURN

Kl2537]

;308.

SMDLL

issued by the Honorable

executed it as follows:

S( hLm/Lt/

Anne,

ask,

an 7N

on

received the attached search warrant

, 20

g.

at
,

and have

6
oclock Jam, I
9
Pursuant to said warrant, on
, at
, 20
.5"!
searched the (premises) (motor vehicle) (person) described in said warrant, and left a true and correct copy of said

049 m

availtrh?(in)@

I took into custody the property and things listed below:

EDP

l.

Rec 446

(attach and identify additional sheet if/iecessary)

Search

W \A

~
~

Wmmx

Strike when appropriate:

I left a receipt for the property and things listed above with a copy of the

Pebu.

bed and swo

to before

19]i f

forth in the search warrant were found.

(deliver) custody of said property as directed by Court order.

s set

being rst duly sworn, upon oath,

and say that I ve read the foregoing receipt, inventory and return and the
m
rs stated are true and correct, except as to such matters stated therein on
information and belief, and as to those, I believe them to be true.

My commission expires

dep

COPIES TO:

COURT

PROS.ATTY

PEACE OFFICER

Signature

PREMISES/PERSON