Example of an identity theft search warrant.

Language is included in this

example for the release of property to victims without a further court order and
the authorization to allow civilians to assist in identification of property. There is
“boiler plate” language with this exemplar regarding the search/seizing of cellular
phones and computers. Be sure to read this example before you simply cut and
paste it to ensure that its statements will be true for your Statement of Probable
Cause.

On 07-31-09, The San Luis Beach Police Department was contacted by Victim Joan
Helpless regarding an Identity Theft Crime Report (DR# 09-5532). Officer Joe Officer
met with Victim Helpless and completed the crime report attached hereto as Exhibit No.
1 and incorporated as if fully set forth herein. The report indicated that unknown
suspect(s) had used her personal information (name and social security number) in an
attempt to obtain credit with Bank of America and have the card sent to another address;
which was not hers. Victim Helpless confirmed that it was fraudulent and she did not
give anyone permission to do so.

During the month of August 2009, your affiant contacted Victim Helpless over the
phone. She was able to relate more information to me. She stated that in fact she does
have a Bank of America Visa Credit Card Account and that the unknown suspect(s) had
attempted to complete an account takeover and have a duplicate card sent to an
alternative address. However, Bank of America did contact Victim Helpless before
completing the request for a new credit card to be sent out. The request did not go
through. This same process was also attempted with Capital One but that request was
also denied.

On 08-11-09, your affiant contacted Julie Smith, Bank of America Investigator. Your
affiant provided Investigator Smith with Victim Helpless Social Security Number (XXX-
XX-7819) to conduct a records check for her current Bank of America Credit Card
Account. Investigator Smith researched the account and was able to relate the following:
On 07-30-09, an unknown suspect had called into Bank of America Call Center and

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provided all of Victim Helpless’ personal information to have a duplicate card sent out.
At the time the caller (suspect) phoned into Bank of America, the following phone
number was captured:

 323-555-2606

Bank of America called Victim Helpless and confirmed that it was done without
Helpless’ permission and the caller had hung up but the phone number was recorded.

Your affiant then conducted further investigation regarding the above listed phone
number. Your affiant then learned that the phone number of 323-555-2606 belongs to the
carrier of AT&T. I then contacted Graham Bell, a Fraud Investigator with AT&T. She
was able to research the phone number and discovered that the phone number is
connected at the following address:

 1234 Main Street # 19 Santa Rosa Beach, Ca

Investigator Bell stated that at the location, multiple phone lines at this location were
opened under the name of Kimberly Jones in June 2009. The accounts were listed as
fraudulent as of 07-23-09. This included the above listed phone number. However, the
phone line was not shut off yet as requested by your affiant to further this investigation.

On 08-12-09, your affiant called Victim Jones (702-55-7458) and spoke to her in detail
regarding the Identify Theft Investigation. Jones stated that she was contacted by AT&T
regarding landlines that were opened in her name at an address in Santa Rosa Beach.
Victim Jones did not open those landline accounts and she gave no one permission to do
so. At this time, one phone line was shut down and the other one established was kept
working. Victim Jones told your affiant that the same unknown suspect(s) had completed
an account take over with her Bank of America MasterCard and Visa Credit Card
Account Numbers and had duplicate cards mailed out without permission and charges for
goods and/or services close to $10,0000 were made to these accounts.

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Your affiant then re-contacted Investigator Smith with Bank of America. She was able to
conduct a records check of Victim Jone’s two accounts (456878508217345 and
534589294078272). On both accounts, an unknown suspect(s) had called into Bank of
America at which time the following phone number was captured: 323-555-1872 and the
credit cards were mailed to: 1234 Main Street #19, Santa Rosa Beach. The credit cards
were addressed to: Gina Jones.
Investigator Smith then faxed your affiant the information from the accounts and the
charges made on the accounts without permission from victim Jones.

Investigator Bell told your affiant that the phone number 323-555-1872 was under the
name of Victim Jones as well.

See paperwork provided by Investigator Bell, attached hereto as Exhibit No. 2 and
incorporated as if fully set forth herein.

On 08-12-09, your affiant was able to reach Ronald McDonald (818-555-0054). He is the
apartment owner of 1234 Main Street, Santa Rosa Beach. He was able to tell me that in
May 2009, a female and her young child moved into apartment 19. He identified the
tenant as:

 Crook Kidd.

I was able to identify Crook Kidd with a DOB of 11-28-72 and a CDL Number of
B3833922. A records check of her information revealed that she has priors for drugs and
theft. See Santa Rosa Beach County Criminal History Sheet, attached hereto as Exhibit
No. 3 and incorporated as if fully set forth herein.

On 08-13-09 at 0915 hours, your affiant responded to the location to conduct further
investigation. In parking space 19, I observed 2 vehicles parked in the space. The
vehicles were identified by the following California License Plates:

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  6DBD315 and 7B71471.

A DMV records check of 6DDD315 is registered to: Crook Kidd. DMV paperwork
attached hereto as Exhibit No. 4 and incorporated as if fully set forth herein.

A DMV records check of 7B78971 is registered to Miesha Fugitive. A records check of

her information revealed a Wanted Person Warrant. All information at this time appears
to match. See paperwork attached hereto as Exhibit No. 5 and incorporated as if fully set
forth herein. The original offense for this outstanding arrest warrant is illegal use of
credit cards.

Based on this information, your affiant believes that Subject Crook Kidd or Miesha
Fugitive is connected to the location and evidence may be located inside or these subjects
can provide detectives further investigative leads.

Based upon the information contained in this affidavit, coupled with your affiant’s
training and experience, your affiant states that the items and documentation enumerated
on Search Warrant & Affidavit page #3 of this affidavit are articles that are commonly
found in, and associated with, places/persons involved in identity theft and associated
crimes. Your affiant has reason to believe and does believe that evidence in connection
with the crimes of identity theft, false personation, forgery, counterfeiting, access card
theft, credit card theft, and grand theft will be located at the premise(s) and vehicle(s) for
which this warrant is requested.

LANGUAGE FOR RELEASE OF PROPERTY WITHOUT FURTHER

COURT ORDER
Your Affiant requests that the Peace Officers serving the Search Warrant should be
authorized, without necessity of further Court Order, to return seized items to any known
victim(s), if such items have been photographically documented. This allows for the

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victim(s) to immediately receive the evidence, as items of evidence are sometimes very
large, like furniture, and prevents the booking of the evidence at the Police Agency.

LANGUAGE FOR AUTHORIZATION FOR CIVILIAN TO ASSIST DURING

SEARCH WARRANT
Your Affiant wants the court to authorize the use of an employee(s) of NORDSTROMS to
accompany the Peace Officers during the execution of this Search Warrant for the
purpose of assisting in the identification of property stolen or taken fraudulently from
NORDSTROMS as provided for under California Penal Code section 1530. Expert
assistance is needed in the identification of property that was stolen or taken fraudulently
from NORDSTROMS.

Your affiant has been present during the execution of numerous search warrants. In
virtually all of these instances, your affiant has observed utility bills pertaining to the
location and/or personal letters addressed to the occupants of the location within the
residence being searched. On many occasions, your affiant has observed handwritten
notes or papers, photographs, digital cameras (including memory cards and internal
memory storage pictures/video) and video cameras (including memory cards and internal
memory storage pictures/video), keys that fit the location locks, and wallets, purses,
diaries, phone books, and luggage tags, all of which contained in or upon them some
personalization or which tended to identify the owner(s) thereof and thus circumstantially
identified to your affiant the occupant(s) of the premises for the purposes of arrest,
identification and crime charging.

It is your affiant’s experience that Personal identifying information in other person’s

names belonging to other potential victims, items such as checkbooks, checks, credit
cards, receipts, ledgers, invoices and other related personal identifying information items
or any other property, which may prove or disprove the crime of identity theft, false
personation, forgery, counterfeiting, access card theft, credit card theft, and grand theft or
any other related offenses are permanently possessed by suspect(s) who commit identity

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theft and other related offenses in much the same way a business will maintain records
and tools of its trade, whether or not the business has a particular item in inventory on a
given day.

Based upon the facts set forth in this affidavit, it your affiant’s opinion that
suspect(s) listed in the “to be searched page” are committing identity theft and that the
suspect(s) are utilizing the telephone (including cellular telephones) for the furtherance
of identity theft, false personation, forgery, counterfeiting, access card theft, credit card
theft, and grand theft , including the delivery of goods and services and obtaining
personal identifying information of other person(s). Thus, your affiant also request this
warrant authorize searching officers to answer telephones (including cellular) and
converse (including texting) with callers at the location of this Search Warrant without
revealing the Peace Officers true identity, and note and/or record any conversations and
information received from the telephone calls, including caller identification information.
It is your affiant’s opinion that persons will call in regards to the furtherance of these
crimes and that such calls will constitute evidence of the commission of a felony.

It is also your affiant’s experience, training and the experience of other investigators with
whom your affiant has spoken with that suspect(s) who commit identity theft, false
personation, forgery, counterfeiting, access card theft, credit card theft, and grand theft or
any other related offenses frequently possess cellular telephones to enhance their trade.
These suspect(s) use cellular telephones to house buyers and seller’s lists, personal
identifying information to facilitate identity theft and related offenses, track profits and
losses, store receipts, organize fraudulent purchases and services, organize purchases and
services to facilitate identity theft and related offenses, and to communicate with other
suspect(s) and persons involved in identity theft and related offenses. Thus, your affiant
requests if cellular telephones are located in possession of suspect(s) and/or location(s)
listed in the “to be searched page” being searched as authorized by this warrant that your
affiant be allowed to seize such cellular telephones. An offsite search of the suspect’s
cellular telephone, including all storage devices, is needed for a complete search of all
the data on the cellular telephone may be necessary, based on your affiant’s experience

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that suspect(s) who commit identity theft and related offenses will use cellular telephones
to enhance their trade.

In order to assure that the cellular telephone can be examined (including a forensic
examination) all peripheral equipment, such as powering devices and external storage
devices will need to be collected along with manuals and support documentation. A
forensic examination of the cellular phone(s) in a controlled environment with forensic
equipment may be necessary in order to assist not only your affiant’s investigation, but
also the interests of the suspect(s) in this matter.

It is also your affiant’s experience, training and the experience of other investigators with
whom your affiant has spoken with that suspect(s) who commit identity theft, false
personation, forgery, counterfeiting, access card theft, credit card theft, and grand theft or
any other related offenses frequently possess computers to enhance their trade. These
suspect(s) use computers to house buyers and seller’s lists, personal identifying
information to facilitate identity theft and related offenses, track profits and losses, store
receipts, organize fraudulent purchases and services, organize purchases and services to
facilitate identity theft and related offenses, and to communicate with other suspect(s)
and persons involved in identity theft and related offenses. Thus, your affiant also
requests if computers are located in possession of suspect(s) listed and/or location(s)
listed in the “to be searched page” being searched as authorized by this warrant that your
affiant be allowed to seize such computers and related accessories (components).

An off site search of the suspect’s computer system, including all storage devices, is
needed as your affiant’s experience has shown that computer systems can store an
equivalent to hundreds of thousands or even millions of pages of information. Also, as
suspect’s can disguise or rename computer files at will, a complete search of all the data
on the computer system may be necessary. This can best be done in a controlled
environment with forensic equipment. This will assist not only your affiant’s
investigation, but also the interests of the suspect(s) in this matter.

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In order to assure that the computer system can be forensically examined all peripheral
equipment, such as computer hardware, software and external storage devices will need
to be collected along with manuals and support documentation. 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.

As evidence in this matter could be stored either on a computer hard drive or on

removable storage devices, such as, floppy disks, CD’s, or tapes, all removable storage
devices would need to be seized. Due to the storage capacity of removable storage
devices an on scene inspection of them would not be practical. With respect to computer
systems and any items listed above found during the execution with this Search Warrant, the
searching Peace Officers are authorized to seize and book said computer systems and any
items listed above and transfer them to a Law Enforcement Agency location prior to
commencing the search of the items. Furthermore, said search may continue beyond the
ten-day period beginning upon issuance of this Search Warrant, to the extent necessary to
complete the search on the computer systems and any items listed above.

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