Afiant.11
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School
Northern Arizona University *
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Course
390
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
4
Uploaded by EarlPencil12741
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
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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
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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.
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