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AFFIDAVIT FOR SEARCH AND ARREST \VARRANT
THE STATE OF TEXAS
COUNTY OF DALLAS
K\VIKSTOP
1909 1\'1. L. King Jr. Blvd
Dallas, Dallas County, Texas
The undersigned Affiant, being a Peace Officer under the laws of Texas and
being duly sworn, on oath makes the following statements and accusations:
1. There is in Dallas County, Texas, a suspected place and premises
described and located as follows: A " KWIK STOP" located a1.1909 M.
L. King Jr. Blvd Dallas, Dallas County, Texas. The front glass doors face
South and the business exterior is made of red and white painted brick. The
business is located at the northeast comer of the intersection of M. L. King
Jr. Blvd and Harwood Road. See photo - Attachment "A".
2. There is at said suspected place and premises implements,
instruments, and instrumentalities used in the commission of an offense
and/or property or items constituting evidence tending to show that a
particular person committed an offense to wit: "Keeping a Gambling
Place", in violation of Texas Penal Code Section 47.04 and, or "Possession
of a Gambling Device, Equipment, or Paraphernalia", in violation of Texas
Penal Code Section 47.06. The evidence to be seized and taken into custody
includes video electronic gambling devices, as defined in Texas Penal Code
Section 47.01 (4), gambling paraphernalia as defined in Texas Penal Code
Section 47.01 (6), gambling proceeds, United States Currency, gift
certificates, safes or money boxes (if the contents cannot be removed easily
on the premises), client lists and records, telephone notations, recording
devices to include audio and video (if recorded contents cannot be removed
on the premises), telephone caller identification devices (if the recorded
contents cannot be removed easily on the premises), telephones bills and
accounts, account books, employee applications, photographs, personnel
records, appointment records, calendars, business cards, advertising
material, bank records (including statements, deposit slips, cancelled
checks), credit card receipts, vouchers, validation devices, computer
hardware and software, including, but not limited to the central processing
unit, external and internal drives, external and internal storage equipment or
media, terminals or video display units, and peripheral equipment such as
CD-ROM duplicators, fax machines, printers, modems, programmable
telephone dialing devices, all other computer accessory items and
components, and any other written or recorded business records used in the
commission of or serving as evidence of the commission of the listed
offenses.
The evidence to be seized, taken into custody and examined also
includes computers and computer-related equipment and materials,
including:
Computer Hardware - 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.
Hardware includes (but is not limited to) any data-processing devices (such
as central processing units, memory typewriters, and self-contained "laptop"
or "notebook" computers); internal and peripheral storage devices (such as
fixed disks, external hard disks, floppy disk drives and diskettes, tape drives
and tapes, optical storage devices, transistor-like binary devices, and other
memory storage devices); peripheral input/output (such as keyboards,
printers, scanners, plotters, video display monitors, and optical readers); and
related communications devices (such as modems, cables and connections,
recording equipment, RAM or ROM units, acoustic couplers, automatic
dialers, speed dialers, programmable telephone dialing or signaling devices,
mechanisms, or parts that can be used to restrict access to computer
hardware (such as physical keys and locks).
Computer Software - Computer software is digital infonnation,
which can be interpreted by a computer and any of its related components to
direct the way they work. Software is stored in electronic, magnetic, optical
or other digital fonn. It commonly includes programs to run operating
systems, applications (like word-processing, graphics, or spreadsheet
programs), utilities, compilers, interpreters, and communication programs.
Computer Documentation Computer-related documentation
consists of written, recorded, printed, or electronically stored material, which
explains or illustrates how to configure or use computer hardware, software,
or other related items. Passwords and Data Security - Computer passwords
and other data security devices are designed to restrict access to or hide
computer software, documentation, or data. Data security devices may
consist of hardware, software, or other programming code. A password (a
string of alphanumeric characters) usually operates as a sort of digital key to
"unlock" particular data security devices. Data security hardware may
include encryption devices, chips, and circuit boards. Data security software
or digital code may include programming code that creates "test" keys or
"hot" keys, which perfonn certain pre-set security functions when touched.
Data security sottware or code may also encrypt, compress, hide, or "booby-
trap" protected data to make it inaccessible or unusable, as well as reverse
the process to restore it.
Evidence to be seized and examined further includes any other written
or recorded business records used in the commission of or serving as
evidence of the commission of the listed offenses; any assets evidencing the
disposition of illegal proceeds generated from the criminal activity
including, but not limited to, monetary instruments including currency,
cashier's checks, money orders, traveler's checks, precious metals jewelry
and any other negotiable bearer instrument.
The devices sought to be seized are known as electronic slot
machines, multi- or 8-liners, and specialty gambling devices including any
facsimiles or variations thereof. These gambling devices have different
model names that include, but are not limited to: Cherry 96, Swinging Bells
Dynasty, Swinging Bells Fruit Cat, Fruit Bonus 96, New Fruit Bonus 96, Pot
o Gold and other similar illegal devices as set forth in the definition of a
gambling device in the Texas Penal Code, Section 47.01(4).
3. Said suspected place and premises are in charge of and controlled
by each of the following persons: Suspect #1 is an unknown black male
approximately 45 years of age, approximately 6 foot 2 inches tall and
approximately 250 pounds with low cut black hair, brown eyes and a thin
cut mustache and Suspect #2 is an unknown black male approximately 230
pounds 6 foot 1 inches tall and other persons whose identities are as yet
unknown to the Affiant.
4. It is the belief of Affiant, and he hereby charges and accuses, that
Suspect #1 and #2 (as described in paragraph 3 of this affidavit) and other
persons whose identities are as yet unknown to the Affiant, who have care,
custody and control of the business are engaging in the offense of "Keeping
A Gambling Place" and or "Possession of Gambling Paraphernalia, Devices,
and Equipment" in violation of the Texas Penal Code, Chapter 47, at 1909
M.L King Jr. Blvd., Dallas, Dallas County, Texas location described in
paragraph 1 of this document.
5. Affiant has probable cause for said belief by reason of the
following facts: Affiant, Tommie T. Thomas #5866 is employed as a
Detective by the City of Dallas Police Department, and is presently assigned
to the Strategic Deployment Bureau, Vice Unit of said department. I, the
Affiant, have been employed as a peace officer with the City of Dallas for
over twenty three years (23). Detective K. Lang #8605 has been employed
as a peace officer with the City of Dallas for over six years (6). Detective S.
Reece #7813 has been employed as a peace officer with the City of Dallas
for over 12 years (12). One of our responsibilities is to investigate suspected
gambling related offenses. We have received specialized training in
conducting gambling investigations. Based on our training and experience
we know that gambling businesses keep gambling proceeds, and implements
and instruments of the crime of gambling, to include financial records,
clients lists, personnel files, account books, payment records, bank
statements, deposit slips, checks, credit card receipts, vouchers, validating
machines, and gambling devices, as well as evidence tending to show the
commission of the stated offenses, and that a particular person committed
the stated offenses; that evidence would also include: telephone records, past
and present appointment logs, advertising material, and other indicia,
evidence and instruments of gambling related activities. We also know from
training and past experience that those involved in illegal gambling activities
use computers to keep records of their gambling activities and gambling
proceeds; this evidence includes but is not limited to computer hardware and
software, central processing units, external and internal drives, external and
internal storage equipment or media, terminals or video display units, and
peripheral equipment such as CD-ROM duplicators, fax machines,
keyboards, printers, modems, programmable telephone dialing devices, and
all other computer accessory items and components. Based on the results of
the investigation, our training, and experience we know the items described
above in paragraph #2 will be found in the location described in paragraph
#1.
In this affidavit the actions and comments attributed to the below
Dallas Police Detectives were communicated to me, the Affiant, by the
detectives involved and I believe, in good faith, that information to be true
and correct.
On November 15, 2011, at about 8:20 P.M., Affiant and Detective K.
Lang #8605 conducted an investigation of illegal gambling reported to be
occurring at the business located at 1909 ]\II. L. King Jr. Blvd Dallas, Dallas
County, Texas. Affiant and Detective Lang are certified peace officers in
the State of Texas who have previous experience and training in the
investigation of gambling related offenses.
On November 15, 2011, at about 8:20 P.M., Affiant entered the
business, located at 1909 l\!I. L. King Jr. Blvd., in an undercover capacity.
Affiant walked into the business and observed three (3) video gambling
machines, two (2) along the east wall of the business and one (l) along the
north wall of the business. Affiant observed Suspect # I, described in
paragraph #3 behind the counter of the business acting as a clerk.
Affiant then chose a multi-game machine (the first one from the left
with no numbers attached to it) and placed one ten dollar bill ($10.00) in the
machine which registered $10.00 in monetary credits. Affiant chose the
game "Spin Jack 21". Affiant Thomas spent $1.50 on a single play of the
device and won $6.00. Affiants' winning on a single play of the device
was over $5.00. Affiant continued to play the device until he had zero
monetary credits left on the machine. Affiant left the location.
Affiant observed the machines to display "payout odds" indicating
the availability from a single play of the gambling device of winning more
than ten times the amount it cost to play the gambling device once. Affiant
based this observation on the odds printed on the gambling machines and, or
the gambling machine screens. Affiant also made the observation based on
watching other people play various gambling machines. Affiant observed
that all the gambling machines required money to play, recorded credits and
bets, were set up to cancel credits after a bet, apparently awarded pay-offs
based on chance and kept track of winnings. Affiant believes the above-
described devices are illegal gambling devices (violation of section 47.06 a
of the Texas Penal code), and constitute evidence of the crimes of gambling
(violation of section 47.02 (a). of the Texas Penal Code), gambling
promotion (violation of section 47.03a. of the Texas Penal Code), keeping a
gambling place (violation of section 47.04a. of the Texas Penal Code), and
possession of gambling paraphernalia (violation of section 47.06 (c). of the
Texas Penal Code) as defined in Chapter 47 of the Texas Penal Code.
On December 19,2011 about 4:20 P.M., Affiant, K. Lang #8605, and
Detective S. Reece #7813 conducted an investigation of illegal gambling
reported to be occurring at the business located at 1909 M. L. King
Jr. Blvd Dallas, Dallas County, Texas. Affiant, Detective Lang, and
Detective Reece are certified peace officers in the State of Texas whom all
have previous experience and training in the investigation of gambling
related offenses.
On December 19, 2011, at about 4:20 P.M., Affiant entered the
business located at 1909 M.L. King Jr. Blvd in an undercover capacity.
Affiant walked into the business and observed three (3) video gambling
machines, two (2) along the east wall of the business and one (1) along the
north wall of the business. Affiant observed Suspect #2, described in
paragraph #3 behind the counter of the business acting as a clerk.
Affiant then chose an multi-game machine (the second one from the
left with no numbers attached to it) and placed one twenty dollar bill ($20),
one ten dollar bill ($10) and one five dollar ($5) for a total of thirty five
dollars ($35.00) in the machine which registered $35.00 in monetary credits.
Affiant chose the game "Spin Jack 21". Affiant spent $2.00 on several single
plays of the device and made multiple wins. Affiant continued to play the
device. Affiant was informed by Suspect #2 (as described in paragraph
3) that no cash was paid out for any cash payout amount under $20.00.
Affiant continued to play the device until it showed twenty one dollars
($21.00) in monetary credits. Affiant notified Suspect #2 of wanting to cash
out. Suspect #2 informed Affiant that Suspect #1 would have to do the cash
out because it was Suspect #I 's register. Suspect #I printed out a cash
receipt form the cash register located behind the counter and wrote down the
time and information from the machine described as machine #2. Affiant
was paid twenty one dollars ($21.00) in U. S. Currency from the register
by Suspect #1 who was working as a clerk. Affiant left the location.
Affiant observed the machines to display "payout odds" indicating
the availability from a single play of the gambling device of winning more
than ten times the amount it cost to play the gambling device once. Affiant
based this observation on the odds printed on the gambling machines and, or
the gambling machine screens. Affiant also made the observation based on
watching other people play various gambling machines. Affiant observed
that all the gambling machines required money to play, recorded credits and
bets, were set up to cancel credits after a bet, apparently awarded pay-offs
based on chance and kept track of winnings. Affiant believes the above-
described devices are illegal gambling devices (violation of section 47.06 a
of the Texas Penal code), and constitute evidence of the crimes of gambling
(violation of section 47.02 (a). of the Texas Penal Code), gambling
promotion (violation of section 47.03a. of the Texas Penal Code), keeping a
gambling place (violation of section 47.04a. of the Texas Penal Code), and
possession of gambling paraphernalia (violation of section 47.06 (c). of the
Texas Penal Code) as defined in Chapter 47 of the Texas Penal Code.
On December 21, 2011, Affiant entered the location described in
paragraph #1 of this affidavit and found the business to still be operating in
the same method and manner as previously described in this affidavit.
Affiant observed the illegal gambling machines to be operating as previously
described in this affidavit as well as the method of payment for gambling
winnings being conducted in the same manner.
Wherefore, Affiant asks for issuance of a warrant that will authorize
him to search said suspected place and premises for said personal property
and seize the sa e and to arrest each said described and accused person.
AFFIANT
.
SUBSCRIBED AND SWORN t me by said Affiant on this the
22nd day of December 2011. ?li
DE.C 1 1 10" .
MUNICIPAL JUDGE,
THE STATE OF TEXAS
COUNTY OF DALLAS
K\VIKSTOP
1909 LVI. L. King Jr. Blvd
Dallas, Dallas County, Texas
THE STATE OF TEXAS to the Sheriff or any Peace Officer of Dallas
County, Texas, or any Peace Officer of the State of Texas.
GREETINGS:
WHEREAS, the Affiant whose signature is affixed to the Affidavit is a
Peace Officer under the laws of Texas and did heretofore this day subscribe
and swear to said Affidavit before me (which said paragraphs #1, 2, 3, and 4
of this affidavit are by this reference incorporated herein for all purposes),
and whereas I find that the verified facts by the Affiant in said Affidavit
show that Affiant has probable cause for the belief he expresses therein and
establishes the existence of proper grounds for the issuance of this Warrant:
NOW, THEREFORE, you are commanded to enter the suspected place and
premises described in said Affidavit and to there search for the personal
property described in said Affidavit and to seize the same and bring it before
me. And, you are commanded to arrest and bring before me each person
described and accused in said Affidavit. Herein fail not, but have you then
and there this Warrant within three days, exclusive of the day of its issuance
and exclusive of the day of its execution with your return thereon, showing
how you have executed the same.
.
ISSUED AT l 10 o'clock .. this the 22 day of December
;p (1
2011 to certify which witness my hand y.
DEC 2 2 2011

RETURN AND INVENTORY
THE STATE OF TEXAS
COUNTY OF DALLAS
KWIKSTOP
1909 M. L. King Jr. Blvd
Dallas, Dallas County, Texas
The undersigned Affiant, being a Peace Officer under the laws of Texas and
being duly sworn, on oath certifies that the foregoing Warrant came to hand
on the day it was issued and that it was executed on the 22 day of
December 2011, by making the search directed therein and seizing during
such search the following described items:
Gambling Devices
$ U.S. Currency
AFFIANT
SUBSCRIBED AND S\VORN to before me, the undersigned authority, on
this the day of December 2011.
Notary Public in and for Dallas County, Texas
RETURJ.'i AND INVENTORY
THE STATE OF TEXAS
COUNTY OF DALLAS
KWIKSTOP
1909 ~ I . L. King Jr. Blvd
Dallas, Dallas County, Texas
The undersigned Affiant, being a Peace Officer under the laws of Texas and
being duly sworn, on oath certifies that the foregoing Warrant came to hand
on the day it was issued and that it was executed on the 22 day of
December 2011, by making the search directed therein and seizing during
such search the following described items:
3 Video Gambling Devices
$361.00 U.S. Currency
Notary -, ublic in and for Dallas County, Texas
SUBSCRIBED AND S\VORN to before me, the undersigned authority, on
this the .2 3
M
day of December 2011.