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PART 4: CHAPTER 10
Material is obscene if:
(2)In any disposition of property under this section, a convicted person shall not be permitted to acquire property forfeited by such person.
(3) The duties of the Secretary of the Treasury with respect to dispositions of property shall be per formed under paragraph (1) of this subsection by the Attorney General, unless such duties arise from forfeitures effected under the customs laws.
S2003. The Postal Service Fund
The following search warrants have been provided as examples of warrants which have been successfully used in criminal proceedings with only minor editorial changes. Blanks are left to protect the identity of the victims, agency, or officer. Each law enforcement agency should modify the warrants as needed given the constraints of available information, expertise of the affiant and particular legal requirements of respective jurisdictions.
(name of affiant) , being sworn, says that on the information contained within this affidavit, he/she has probable cause to believe and does believe that the property described below is seizable pursuant to (Penal Code Section________) in that it: (CHECK APPROPRIATE BOX OR BOXES)
_______tends to show that sexual exploitation of a child has occurred or is occurring.
_______was used as the means of committing a felony
_______is possessed by a person with the intent to use it as a means of committing a public offense or is possessed by another to whom he may have delivered it for the purpose of concealing with or preventing its discovery.
_______is evidence which tends to show that a felony has been committed or a particular person has committed a felony; (or appropriate statutory requirements)and that he/she has probable cause to believe and does believe that the described property is now located at and will be found at the locations set forth below and thus requests the issuance of a WARRANT TO SEARCH.________(location)___________, described as a, ____________,_____________ and identified from________________________________________,as_______(name)____, ______(address)_______. 2._______(name)______,female/male, further description with a home address of_____________(address)___________.
For the following property: 1. Phone books, address books, notations, identifying a male/female juvenile(s). "name and/or other juveniles or adults who are being sexually exploited or who are exploiting children. 2. Photographs and/or undeveloped film depicting (name), and or other juveniles nude or in sexual activity. 3. Movies and/or magazines depicting juveniles in sexual activity. 4. Identification including but not limited to_______________________.
Your affiant says that the facts in support of the issuance of the search warrant are contained in the attached STATEMENT OF PROBABLE CAUSE which is incorporated as it is fully set forth herein. Wherefore, your affiant prays that a search warrant be issued for the seizure of said property or any part thereof, at any time of the day or night, good cause therefore having been shown.
____________________
Subscribed and sworn to before me
this________ day of__________________________________,19
________________________________________________________________________________
Signature of Magistrate
Judge of the_________________________
______________________________________
Superior/Municipal Judicial District
Prepared with the assistance of, or reviewed
by:________________________________
Deputy District Attorney
Your affiant is_______(name)________.I am a (detective) for the (city) of____________(name),,,,, and have been so employed for the past years. For the past________years, I have been assigned to the (Sexually Exploited Child Unit of Juvenile Division). I have been assigned to said Division for the past______years. 1 have participated in an excess of______investigations involving the sexual exploitation of minors and children. I have personally conducted in excess of________ investigations resulting in felony charges of child molestation and exploitation. I have received extensive training and have read numerous publications dealing with the sexual exploitation of children. I have talked to in excess of sexually exploited children and in excess of admitted child molesters. I have read and examined in excess of letters between pedophile offenders describing their admitted sexual conduct with children and the manner in which they exploited said children for sexual gratification. I have examined in excess of_________photographs during these investigations which depict children engaged in sexual activities with the offenders, with other children, with animals and with adults. I have examined and read publications distributed from foreign countries and in the United States which describe in detail sexual activities between adults and children. I am familiar with the manner in which pedophile offenders entice and encourage children to engage in sexual conduct and the manner in which they exchange children with each other, and make contact with other adults who engage in such conduct. From my training and experience, I am aware that pedophile offenders have a specific age preference for the juvenile victim and that when the victim surpasses.this age, the pedophile offender, no longer having sexual interest in her or him, will seek out a younger juvenile to take the victim's place sexually. It has been my experience that pedophile offenders will not stop or remain with one juvenile victim but will constantly seek out new victims, using the same method of seduction that had been successful for him. It has been my personal experience and knowledge of pedophile offender from other officers that a pedophile offender has never stopped with one juvenile victim but has continued to molest juveniles whenever the opportunity arises. From interviewing and speaking with pedophile offenders, both in an official capacity and during undercover operations, I am aware that pedophile offenders will retain photographs, magazines, movies and correspondence. This retention will span many years and the material is used by the pedophile offenders to lower the child's inhibitions and to relive the pedophile offender's experience. From the prior investigations that I had conducted and from talking to other detectives involved in pedophile investigations worldwide, I am aware of pedophile offenders retaining their pedophilic and pornographic material in excess of twenty years, and that this material has been shown to juveniles to lower the victims' inhibitions. I am aware that, depending upon the age of the juvenile victims, that pedophile offenders will often furnish drugs and alcohol to lower their inhibitions. A pedophile offender will frequently seek out employment or volunteer his or her service to be close to children and to use the authority over the children and to victimize them. I have testified as an expert in both the (Municipal and Superior) Courts in the field of the sexually exploited child and have assisted the United States Attorney's Office in formulating procedures in the federal prosecution for the importation and non-commercial distribution of child pornography.
Your affiant received intelligence that a ______(name)______of_____(address)__, has had contact with pedophiles in the_______(name)________, area and traveled to______(name)_________toengage in sexual activity with juveniles. This intelligence was received from________(name)_____,(address),_____who had interviewed a child pornographer suspect and had seized evidence indicating____, activities.
Your affiant began an undercover investigation of______(name_______corresponding with him under the alias of_____(name)_____, In the first letter____(name)_______ stated that a trusted friend sup plied______(name)___and that_________(name)_______was a firm believer in the liberal upbringing of children and had raised and photographed his ten year old daughter. Enclosed in the letter was an unmounted color slide depicting a female juvenile, approximately eight to ten years old. (Copy of letter incorporated herein as Attachment 1.) On July 12, 1983, your affiant received a letter with a return address of_________(name)______,___________(address)
The letter, dated July 7, 1983, stated in part: "Thanks for your letter and
its absolutely charming enclosure. The enclosures are photos of young ladies
with whom I have had extensive personal contacts in recent years. I do have
some slides of the two of them engaged in educational activities that probably
are similar to some that you had in mind when mentioning your daughter's
liberal training. It is a good many years now since I participated directly in
the educational games of my two eldest daughters,
______(name)_______, and______(name)_______, or even their young
half sisters.
There is also a granddaughter but even she is well into her teens. For a few years, though, she was one of the most uninhibited and enthusiastic preteen I've ever known! tier constant responses were, Can we do it again Grandpa? and Teach me something else! I'll be in ______(name)______the last week of July and the first one in August. I'll arrive in______(name)______the 23rd or 24th. Write soon,______(name)______"
(Copy of letter incorporated herein as Attachment 2.)
Enclosed in this letter were three color photographs of preteen females nude. One photograph depicts a juvenile nude with body paint on her chest, the second photograph depicts a juvenile nude, eating watermelon. She is crouched down, her legs slightly apart and her vagina exposed. The third photograph depicts a female juvenile nude from her waist down her buttocks toward the camera and her vagina exposed. (Copy of photographs incorporated herein as Attachment 3.)
On July 12, 1983, your affiant responded In______(name)______letter suggesting that they could meet when______(name)________arrives in_______(name)______(copy of letter incorporated herein as Attachment 4). On July 20, 1983, your affiant received a second letter from______(name)_______addressed to______(name)_______.Enclosed were two black and white photographs and three color photographs all depicting preteen families in nude or semi nude poses.________(name)______stated in part: "The two B&W's of each clowning around are from color negs.. . . 1 have quite a few. I have about 30 ektachromes of each and_______(name)______in action together doing most of the things two little girls can do to each other. Presently I am cultivating the daughters nine and six of an American-Vietnamese couple here in_______(location)_______1 plan to arrive In______(location)________next Sunday afternoon, the 24th, to check into a meeting at the Hilton at the park in______(location)_____, then to the_______(location______.Friday night a friend is driving me to______(location)_______for some little girt photos at Black's Beach and a kiddy porn movie festival. Time is running short. If you'd like to phone, the. number is______(number)______." (Copy of letter incorporate herein as Attachment 5.) The two black and white photographs depict the same female juvenile with her vagina exposed and in one, her legs are wide apart. Two of the three color photographs depict two female juveniles nude laying on the beach with their legs apart. The third photographs depicts a female juvenile nude bending over with her legs spread with her vagina and buttocks to the camera. (Copy of photographs incorporated herein as Attachment 6). On July 21, 1983, your affiant contacted_____(name)_____at his residence and recorded the conversation. _____ (name) _____indicated that_____ (name) _____is a girl living in_____ (name) _____with whom he had extensive sexual contact beginning when she was six till two years ago at age ten. tie also indicated that he was going with a friend from_____ (location) _____to a child porn film festival given by some other friends in_____ (location) _____He indicated that he would bring some undeveloped film to get developed. He also identified himself as an engineer who worked for the________(name)_______.
On July 25, 1983, your affiant contacted the Hilton-at-the Park In_______(name) _____and determined that_____ (name) _____ had registered on July 24, 1983, and that he gave his home address as_____ (address) _____Your affiant then contacted the ___________________and learned that_____(name) __________has reserved e room for July 27/29. 1983.
This registration had_____ (name) _____, return address_____ (address) _____.
Based on the photographs sent and the letters indicating_____ (name) _____'s sexual interest in juveniles, your affiant is of the opinion that_____ (name) _____engaged in child sexual exploitation. The photographs sent are exhibiting the pubic and rectal areas of juveniles under fourteen years of age for the purposes of sexual stimulation of the viewer.
Based upon your affiant's experience, expertise and all of the information contained above, your affiant is of the conclusion that the property listed in the warrant will be found at the locations to be searched for the following reasons:
Your affiant therefore says that there is probable and reasonable cause to believe that items requested to be seized are items which tend to show that a violation of Section__________ of the (Penal Code) has occurred or is occurring. Your affiant has reasonable cause to believe that grounds for the issuance of a search warrant exists as set forth in Section __________of the_____ __________ code based upon the fact and the attachments.
_____ (name) _____, being sworn, says that on the basis oft he information contained within this affidavit, he has probable cause to believe and does believe that the property described below is seizable pursuant to (Penal Code) Section__________in that it: (CHECK APPROPRIATE BOX OR BOXES)
(MODIFY FOR JURISDICTION)
_____ tends to show that sexual exploitation of a child has occurred or is occurring_____ was stolen or embezzled
_____ was used as the means of committing a felony
_____ is possessed by a person with the intent to use it as a means of committing a public offense or is possessed by another to whom he may have delivered it for the purpose of concealing it or preventing its discovery is evidence, which tends to show that a felony has been committed or a particular person has committed a felony; and that he has probable cause to believe and does believe that the described property is now located at and will be found at the locations set forth below and thus requests the issuance of a WARRANT TO SEARCH
I. _____ (locationu_____, described as a two story woodframe house covered with brown asphalt shin gles. The numerals_____ are_____ attached to the door frame. 2. _____ (name) _____, male caucasian, black hair, brown eyes, _____ (description) ____For the following property: 1. Photographs, negatives, slides, depicting juveniles including, but not limited to_____ (name) _____ (and description) ,undressed, nude and/or engaged in sexual activity. 2. Magazines and/or movies depicting nudity and/or sexual activity used to lower the inhibition of juveniles. 3. Cameras and camera equipment including, but not limited to camera, enlargers, developing equipment, projectors. 4. Items of identification including but not limited to, utility bills, cancelled mail tending to identify the person or person in control of the premise. 5. Address books, notations, records, phone books tending to identify the juveniles.
Your affiant says that the facts in support of the issuance of the search warrant are contained in the attached STATEMENT OF PROBABLE CAUSE which is incorporated as if fully set forth herein. Wherefore, your affiant prays that a search warrant be issued for the seizure of said property or any part thereof, at any time of the day or night, good cause therefore having been shown.
_____________________________
SIGNATURE OF AFFIANT
Subscribed and sworn to before me
this__________day of _______________,19 _________
__________________________________________________________
Signature of Magistrate
Judge of the____________________Court____________________________
____________
Superior/Municipal Judicial District
Prepared with the assistance of, or reviewed by:________________
_____________
Deputy
Your affiant is_____ (name)________ I am a detective for the_____ (location) _____, and have been so employed for past_____years. For the past_____years, I have been assigned to the (Sexually Exploited Child Unit of the Juvenile Division). I have been assigned to said (Juvenile Division) for the past_____years. I have participated in an excess of _____investigations involving the sexual exploitation of minors and children. I have personally conducted in excess of_____investigations resulting in felony charges of child molestation and exploitation. I have participated in training and have read numerous publications dealing with the, sexual exploitation of chil dren. I have talked to in excess of_____sexually exploited children and in excess of_____admitted childmolesters. I have read and examined in excess of_____letters between pedophiles describing their admitted sexual conduct with children and the manner in which they exploited said children for sexual gratifica tion. 1 have examined in excess of_____photographs during these investigations which depict children engaged in sexual activities with themselves, with other children, with animals and with adults. I have examined and read publications distributed from foreign countries and in the United States which describe in detail sexual activities between adults and children. I am familiar with the manner in which pedophiles entice and encourage children to engage in sexual conduct and the manner in which they exchange children with each other and make contact with other adults who engage in such conduct. From my training and experience, I am aware that pedophiles have a specific age preference for the juvenile victim and that when the victim surpasses this age, the pedophile, no longer having sexual interest in her or him, will seek out a younger juvenile to take the victim's place sexually. It has been my experience that pedophiles will not stop or remain with one juvenile victim but will constantly seek out new victims, using the same method of seduction that had been successful for him. It has been my personal experience and knowledge of pedophiles from other officers that a pedophile has never stopped with one juvenile victim but has continued to molest juveniles whenever the opportunity arises. From interviewing and speaking with pedophiles, both in an official capacity and during undercover operations, I am aware that pedophiles will retain photographs, magazines, movies and correspondence. This retention will span many years and the material is used by the pedophiles to lower the child's inhibitions and to relive the pedophile's experience. From the prior investigations that I had conducted and from talking to other detectives involved in pedophilic investigations worldwide, I am aware of pedophiles retaining their pedophilic and pornographic material in excess of twenty years, and that this material has been shown to juveniles to lower the victim's inhibitions. 1 am aware that, depending upon the age of the juvenile victims, that pedophile will often furnish drugs and alcohol to lower their inhibitions. A pedophile will frequently seek out employment or volunteer his or her service to be close to children and to use the authority over the children and to victimize them. I have testified as an expert in both the (Municipal and Superior) Courts in the field of the sexually exploited child and have assisted the United States Attorney's Office in formulating procedures in the federal prosecution for the importation and non-commercial distribution of child pornography. On March 2.5, 1983, (name) , (address) , went to Police Station and reported that (name) , had been molesting their son, (name) Your affiant was contacted by (name) detectives and advised of the complaint. Your affiant contacted (name) , had never been married and has always had an interest in boys. On March 24, 1983, (name) , told his father (name) , had sexual relations with him between the age of twelve to sixteen. (name) , is aware that (name) is a (name) school teacher and a Boy Scout Leader. In addition, he was a Big Brother and a Parks Director. (name) , is frequently with young boys, taking them on trips and having them in his home. On March 25, 1983, your affiant interviewed (name) , stated that he is nineteen years old. When (name) was twelve he would frequently visit (name) , at his residence, __ (address)__ (name) , had items such as trains and clay that was of interest to (name) While there (name) would encourage____(name) , to be photographed and as this photography continued, (name) __. was convinced to be photographed nude. (name) then began to molest (name) The majority of the molestation being oral copulation. The victim stated that (name) did try to sodomize him on some occasions. (name) , stated that___ (name)_______is a photographer and had a darkroom set up in the attic. Most of the photographs were done in black and white and__ (name) observed photographs of himself, nude and being orally copulated by__ (name) (name) __ stated that he also saw photographs of other male juveniles, taken inside__ (name) , house and these photographed depicted juveniles nude and engaged in sexual activity. __ (name) , stated that (name) had movies depicting sexual activity and that (name)__ would show__ (name) these movies to get him excited. (name) ___ stated that___ (name)______kept many of the photographs under his bed or in other parts of his bedroom and in the attic with the darkroom equipment. Based upon your affiant's experience, expertise and all of the information contained above, your affiant is of the conclusion that the property listed in the warrant be found at the locations to be searched for the following reasons:
Your affiant therefore says that there is probable and reasonable cause to believe that items requested to be seized are items which tend to show that a felony has been committed. To wit Section __ of the (Penal Code). Your affiant has reasonable cause to believe that grounds for the issuance of a search warrant exists as set forth in Section__ __ of the (Penal Code), based upon the facts and the attachments.
(name) swears or affirms that he believes and has good cause to believe that photographs and film projectors, movie machines, and various documents, including: diaries, phone records, maps, receipts, ledgers, letters of correspondence and other documents used for the purpose of permitting and facilitating the sexual exploitation of children, and the distribution of obscene matter are being kept and concealed by (name and locations) ,
Said apartment is within an apartment building and the entrance is located the 6th Door South from (street) that has the letter "F" next to the entranceway, with the building being made of red brick, two story structure with a basement, and flat roof. Said above building is located in (county, state) Affiant makes the above allegations on the basis of the fact that:
Based on my experience, I believe that presently concealed at (location) are the previouslyset forth photographs, and/or picture film, projectors, movie machines, receipts, ledgers, letters of correspondence, and other documents used for the purpose of permitting and facilitating sexual exploitation of children and the distribution of obscene matter. Search to include but not limited to all rooms and any passageways into which they may open, all furnishings, cabinets, closets, containers, desks and drawers contained therein: special compartments in floors/walls and the personal property of persons controlling the premises. 't'o include all other areas of said premises where photographs and other above described articles could be kept and concealed.
(name) -swears or affirms that he believes and has good cause to believe: From my investigation I learned from reliable persons the following facts and attending circumstances that: On January 20,1986, at approximately 1:00 p.m., myself and (name) entered (store name______and location).We observed a white, male, later identified as (name) , sitting behind a display counter. I looked at the movies in the display case and bought a VHS video entitled Biker Slave Girls. The front of the box showed a bound female lying on the floor next to a male crouched down next to her with some type of stick. The paragraph on the back of the box gave a synopsis of the storyline including nipple torture and fisting, the act of shoving a human fist all the way into the vagina or anus of another.
We took the video back to the vice office at (location) ____and viewed this same video. The video opens with the title Biker Slave Girls against a black background. The first scene opens with a white female putting a videotape into a VCR and watching it on TV. This video depicts a white male performing intercourse on a white female while she is bent over a table.
The scene switches back to the female who put the videotape on, lying on her bed and fondling her breast and masturbating. She opens a box containing a set of two round metal balls, commonly referred to as ben wa balls, and inserts them into her vagina and starts masturbating again.
The scene switches back and forth from the television screen to the female on the bed.
Another female enters the room and they both begin to watch the television while the first female starts talking about a "guy" she had previously been with.
The scene changes to a male who opens a matchbook cover which has printing on the inside cover that says "I have cocaine-1 want your body."
The next scene shows the female being handcuffed and getting onto the back of motorcycle behind the male.
They ride along until their destination is reached. The male and female get off the motorcycle and the female, still handcuffed, stands on some type of platform, the male tells the female to take her clothes off and he then starts fondling her breasts. fie then starts kissing her buttocks.
During the course oft his particular scene, the male exposes the female's vagina and inserts lus fingers into her vagina. This continues until the female starts masturbating and eventually reaches climax.
Ti,e scene changes to the male nailing the handcuffs the female is wearing to a beam above her head. The male runs the claw hammer over the female's breasts and vagina. The female kicks the hammer out of the male's hand. The male slaps the female and tears her underwear off. fie starts kissing her and then performs cunnilingus. The male tells the female she's enjoying it too much, takes her out to his motorcycle. and handcuffs her to the wheel. At this point, the male attempts to force the female to perform fellatio. She refuses. The male gets what appears to be a cat-o-nine tails and starts whipping the female across the back and buttocks.
The scene changes to the female, who has been released from the motorcycle, performing fellatio. The male is now wearing a pair of black leather chaps exposing his genital area.
The male has the female turn over onto her knees while he puts a leather ring onto his penis. The male begins anal intercourse with the female who is crying and in apparent pain. This continues for several minutes until the male pulls his penis out and ejaculates onto the back of the female.
The scene changes back to the two females on the bed kissing and fondling each other. The next scene has females nude inserting a double-headed dildo into each other.
The scene changes again to both females performing cunnilingus on each other.
The next scene shows one female asleep while the other female turns out the light. The movie ends.
The retail merchant's certificate is in the name of (name) from previous investigations, it has been discovered that (name) is, in fact. the owner of said premises and business.
The above events occurred in (county & state) .
SEARCH WARRANT EXAMPLE
On (date) , the affiant met Detective (name) learned that Detective (name) has been employed as a Police Officer by the Metropolitan Police Department, of the (location) ___for the past 18 years. Fur the past 15 years, Detective (name) has been assigned to the Sex Offense Branch, Criminal Investigations Division of the Metropolitan Police Department. During the tenure of his experience in the Sex Offense Branch, Detective (name) has participated in more than 1,500 investigations involving the, sexual exploitation of minors and children. Detective (name) has personally conducted more than 900 investigations resulting in the arrest of defendants on felony charges of Child Molestation and Exploitation. Detective (name) has received extensive training and has read numerous publications dealing with the sexual exploitation of children. Detective (name) has interviewed more than 2,000 sexually exploited children, and more than 1.300 admitted child molesters. Further, Detective (name)_______has read and examined more than 1,000 letters exchanged between pedophiles, describing their admitted sexual conduct with respect to children for the purpose of sexual gratification. Further, Detective _____(name) has examined more than 2.000 photographs, during the course of his experience, which photographs depict children engaged in sexual activities with offenders, with other children, with animals, and with adults.
Detective (name) is familiar with the manner in which pedophiles entice and encourage children to engage in sexual conduct, and the manner in which they exchange children with each other and make contact with other adults who engage in such conduct.
On (date) Detective (name) whose experience in the investigation of the activities of pedophiles has been herein set forth, provided the affiant with certain of his observations regarding pedophiles, as based upon his personal experiences in the investigation of persons who exhibit pedophilic behavior. Detective (name) related to the following information:
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