Afiant.11

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Northern Arizona University *

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390

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Law

Date

Jan 9, 2024

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docx

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4

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ELECTRONICALLY SUBMITTED AFFIDAVIT I, Jacob Ulrich , state under oath as follows: 1. I, Jacob Ulrich , am employed by Flagstaff Police Department as a sworn law enforcement officer, and I am currently assigned to the Flagstaff Arizona, metropolitan domestic abuse taskforce . I have been so employed 15 years since 2008 . I also have 10 years as a police officer under my belt. I received training from Arizona Law Enforcement Academy. In the course of my duties with the FAMDAT, I have been issued and currently have a Special Law Enforcement Certification issued by the United States Bureau of Indian Affairs. In the course of my official duties, your affiant investigates crimes occurring within the District of Arizona. 2. This affidavit is based on the investigation, observations, and/or experience of your affiant, as well as the investigations, observations, and/or experiences of the other law enforcement officers and/or witnesses described in this affidavit. Due to the fact that this affidavit is being made to establish probable cause for a search warrant, your affiant has not listed every fact known regarding this investigation. 3. This affidavit is made in support of an application for a search warrant to search for buccal swabs. The person to be search is described as Tom. The 1
purpose of the search warrant is to search for evidence related to the charges of assault in violation of federal law under 18 U.S.C. § 113 (a)(6) and murder under 18 U.S.C. §§ 1111 or 1112. 4. Describe the pertinent facts of investigation to support probable cause of a crime. I would suggest doing this in chronological order, including dispatch, interviews, observation, and what you are looking for and why? (Maybe one paragraph for each of the foregoing things.) In short, you need to meet the elements for a crime and why there is evidence on the person or in the place to be searched. Remember, this is a search warrant for a person – not a residence. Me and my partner were called to an attack on a child at 123 N. San Francisco Street, Apartment 410, Flagstaff, Arizona, on November 13, 2023, at around 11:45 p.m. It turns out that the United States has exclusive control over this federal housing complex. Upon my arrival, I discover that the victim is, in fact, Carrie Bunchin, a 5-month-old baby. Giselle claimed that she received a call from Tom informing her that the child had been sexually molested by an unidentified white male who had broken through the window of the flat. Tom pretended to Giselle that he was napping, but when he awoke shortly after, he saw the white man in Carrie's bedroom. Tom reported that the infant was sobbing and being violently shaken by the suspect. He says the guy ran through the home and out the front door when Tom came in. Tom said that he pursued the suspect for almost 500 yards. Tom engaged the culprit in combat after apprehending him close to Bashas' 2
supermarket by the Flagstaff Medical Center. Tom informed Giselle that the suspect had stabbed at him with a knife during the altercation. Tom claims he had wounds from defense. The culprit escaped. Tom called Giselle after rushing to the hospital to receive treatment because he was concerned about the baby. 5. Talk briefly about DNA evidence – what is it – and that it can be compared to evidence found at the scene (e.g., blood, bodily fluids, skin, etc.). DNA evidence can be anything that ties a specific person to the evidence that was found. Blood and buccal swabs are huge examples of this. Like, for example the blood found can be linked to the victim or even the suspect. Same goes for the buccal swabs of both individuals. 6. Describe why you are seeking buccal swabs – for comparison to what? Describe how you are going to obtain the evidence from the suspect (i.e., by taking two swabs from the cheek inside the suspect’s mouth). I am seeking buccal swabs because I want to try and link the suspect to the crime. This is the best way to do that by taking some of his DNA, and seeing if it’s on victim to link him to the crime by swabbing the victim as well. 7. Based on the foregoing, your affiant respectfully submits that there is probable cause to believe that there is evidence of a crime, in violation of 18 U.S.C. § 3600 A , specifically DNA evidence on XYZ’s person. Therefore, your affiant respectfully requests that a search warrant be issued 3
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authorizing the search and seizure of buccal swabs – two such swabs – to be taken from XYZ’s mouth. Pursuant to 28 U.S.C. § 1746(2), I declare under penalty of perjury that the foregoing is true and correct. Jacob Ulrich 11-15-2022 Signature of Affiant Date Jacob Ulrich/ FAMDAT officer Printed or Typed Name of Affiant/Title Sworn by Telephone Date/Time: 11-15-2022, 10:45 AM Gabriel Kotter [Insert judge’s name] United States Magistrate Judge NOTE: Remove the brackets and underlining as you are filling this out. Tell a coherent story from start to finish, and then tell me what you are looking for and why. 4