Case 3:09-mj-00254-BF Document 1 Filed 08/26/2009 Page 1 of 4u.s. DISTRICT COURT

ILED

United States District C urt 026311

___~N~O=R~T~H~E~RN~ DISTRICT OF --l---CJbEJll~~m~~1RT-i

In the Matter of the Search of(Name, address or Brief description of person, property or premises to be searched)

1995 Acura Legend: Green, four-door,Colorado license plate number 934SLMVIN number JH4KA7660SCol8623

I, Anthony Winn being duly sworn depose and say:

By __~""-y;....-_

APPLICATION AND AFFIDAVSEARCH WARRANT

CASE NUMBER: ~ ~ oq .. m:r-pl.. q ~

I am a(n) Dallas Police Officer assigned to the Federal Bureau of Investigation (FBI) and have reason tobelieve that XX on the property or premises known as (name, description and/or location)

Car: 1995 Acura Legend: green, four-door, Colorado license plate number 934SLM,VIN number JH4KA7660SCol8623

in the NORTHERN District of TEXASconcealed a certain person or property, namely (describe the person or property to be seized)

there is now

Money, clothing, weapons, newspaper articles, bank bags, money bands, bank documents, fruits of the crime andany other items related to this bank robbery.

which is (state one or more bases for search and seizure set forth under Rule 41(b) of the Federal Rules of Criminal Procedure)

property that constitutes evidence of the commission of a crime, contraband, the fruits of crime, and is, otherwise, criminally possessed,

concerning a violation of Title 18 United States Code, Section(s) 2113 (d) and 924 (c) . Thefacts to support a finding of Probable Cause are as follows:

(SEE ATTACHED AFFIDAVIT OF SPECIAL AGENT ANTHONY WINN). 1Ala IContinued on the attached sheet and made a part hereof. XX Yes _ No ~~)::;;.....~~~~~

Signature of AffiantANTHONY WINNSpecial Agent, Task Officer (FBI)

Sworn to before me, and subscribed in my presence

August 26. 2009 @? /ho <tflDate

PAUL D. STICKNEYUnited States Magistrate JudgeName and Title of Judicial Officer

at Dallas. Texas

City and St.,,!" .(:;??-~~-...2... / ... /"

j:>7 /;7--/'S'-"::'---.....././' /~

Signature of Judicial Officer

Case 3:09-mj-00254-BF Document 1 Filed 08/26/2009 Page 2 of 4

AFFIDAVIT IN SUPPORT OF SEARCH WARRANT

INTRODUCTION

1. Affiant, Anthony Winn, a Dallas Police Officer assigned to the Federal Bureau of

Investigation ("FBI"), states as follows:

2. Affiant has been a Dallas Police Officer for over 21 years and has been assigned to

the Criminal Enterprise Squad in the Dallas Field Division for six years. During that time period,

Affiant has conducted numerous investigations involving Bank Robbery and Conspiracy to

Commit Bank Robbery.

3. The information contained in this affidavit is from Affiant's personal knowledge,

interviews of witnesses, and information gathered from other federal agents and police officers

involved in this bank robbery investigation.

4. For the reasons stated herein, there is probable cause to believe that evidence of,

instrumentalities used in the commission of, and the fruits of the violations of (1) bank robbery, to

wit, a violation of 18 U.S.C. § 2113(d); and (2) the use and brandishing of firearms during and in

relation to these federal crimes of violence, to wit, violations of 18 U.S.C. § 924(c); will be found

inside a 1995 green, four-door, Acura Legend, bearing Colorado license plate number 934SLM,

Yin number JH4KA7660SCo18623. This vehicle is currently in the care, custody, and control of

the Dallas Police Department Auto Pound. Affiant seeks to search this vehicle for money, clothing,

weapons, newspaper articles, bank bags, money bands, bank documents, fruits of the crime, and

any other items related to this bank robbery.

FACTS AND CIRCUMSTANCES

5. Affiant is aware that on June 13, 2009, the Chase Bank located at 2325 Gus

Thomasson Road, Dallas, Texas, was robbed by an unknown white male suspect. The suspect

entered the bank and approached victim teller Brenda Hernandez ("Hernandez"). The suspect

-PAGE 1-

Case 3:09-mj-00254-BF Document 1 Filed 08/26/2009 Page 3 of 4

handed Hernandez a deposit slip. Hernandez looked at the deposit slip and noticed that it was

blank. Hernandez looked up at the suspect and the suspect stated, "Give me all your 100's, 50's,

and 20's." After making that demand to Hernandez, the suspect lifted up his green t-shirt and

displayed a silver handgun in a brown holster. Hernandez, in fear for her life, panicked and

immediately began removing money from her second money drawer. Hernandez handed the

money to the suspect. The suspect then stated to Hernandez, "Give me more." The suspect lifted

his shirt again showing Hernandez his weapon. Hernandez removed more money from her top

cash drawer and handed it to the suspect. The suspect placed the money inside a blue Chase Bank

deposit bag and left the bank on foot. In total, $11,120.00 was taken during the robbery. This

United States currency was insured by the Federal Deposit Insurance Corporation.

6. This robbery remained unsolved until July 22,2009. On that day, Mesquite Police

Officers observed a green Acura Legend bearing Colorado license plate number 934SLM traveling

through Mesquite. Officers were on the lookout for this vehicle because it was involved in several

robberies in Mesquite. Uniformed Mesquite Police Officers attempted to stop the vehicle, but the

suspect refused to stop. After a car chase, the suspect was taken into custody. The suspect was

identified as STEVEN KISTNER ("KISTNER"). Mesquite Police Detectives attempted to

interview KISTNER, but he requested his attorney. He is currently in state custody and has been

indicted on unrelated state charges. On July 24, 2000, Mesquite Police Detectives executed a

Texas state search warrant on KISTNER'S vehicle. During the search of his vehicle these

detectives observed a newspaper article from the Dallas Morning News Metro Section dated July

13,2009. The article contained a surveillance photograph taken during the robbery. The picture in

the paper resembles KISTNER. Detectives also observed $20 money bands in the car. An

inventory of the vehicle was conducted at the time.

-PAGE 2-

Case 3:09-mj-00254-BF Document 1 Filed 08/26/2009 Page 4 of 4

7. Mesquite Police Detectives notified the FBI. A six-picture photographic lineup

containing the photograph of KISTNER was prepared and shown to witness Hernandez. She

positively identified the photograph of KISTNER as the person who robbed the bank.

8. Based on all of the facts and circumstances described in this affidavit, along with

the Affiant's training and experience, Affiant has probable cause to believe that bank robbery

evidence will be found inside the green Acura Legend bearing Colorado license plate number

934SLM, Yin number JH4KA7660SCo18623. The evidence sought includes, but is not limited to

the following: money, clothing, weapons, newspaper articles, bank bags, money bands, bank

documents, fruits of the crime, and any other items that may be related to this bank robbery.

, 2009, at

~'~

.._-~-."~' ..--,rc._r-

TED STATES MAGISTRATE JUDGENORTHERN DISTRICT OF TEXAS

-PAGE 3-