Rosen - Virginia search warrant and affadavit

7/21/2019 Rosen - Virginia search warrant and affadavit

1/6

AFFIDAVIT FOR SEARCH WARRANT

The undersigned Applicant states under oath:

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VA. CODE ANN. 19.2-54

RULE3A:27

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A search is requested in relation to an offense substantially'described as follows:

USE OF COMMUNICATIONS SYSTEMS TO FACILITATE INVOLVING

CHILDREN IN VIOLATION OF 18.2-374.3, OF THE CODE OF VIRGINIA AS AMENDED. SEE

ATTACHEDAFFIDAVITFORFULLDISCLOSURE. ;::

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2. The place, person, or thing to

be

searched is described as follows:

(0 CONTINUED ON

ATTACHED SHEET)

Property located at the Fairfax County Police Annex Building (Property Room) located at 10600 Page

Avenue, Fairfax, Virginia (Fairfax County) associated with police case number 2015-0490065: Apple

Iphone 6 SIN: F78NF20VG5MM, Property ID: 897656. .

1. The things or persons to be searched for are described as follows:

(0 CONTINUED

ON

ATTACHED SHEET)

cellular phone, pertaining to the offense of Use of a Communication System to Facilitate Certain

Offenses Involving Children(Section 18.2-374.3, Code ofVirginia, as amended). See attached

affidavit for full disclosure.

(OVER)

(0 CONTINUED ON

ATTACHED SHEET)

CASE NO.

AFFIDAVIT

FOR

SEARCH WARRANT

APPLICANT:

Jeanette Wagner

NAME

Detective

---M--oR

TITLE (IF ANY)

4100 Chain Bridge

ADDRESS

Fairfax, Virginia 22030

Certified to Clerk of

Circuit Court

o n .

I

DATE

ITlE . GNATURE

Original

Delivered

[]

in

person

[]

by certified mail

....................................................................................

[ ]'

by

electronically transmitted facsimile

to

Clerk of

B. L8.:f.:.B..X ......

....... Circuit Court

CITY

OR

COUNTY

WHERE

EXECUTED

on

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DATE

J:)e,

ITLE SIGNATURE-

Complete only if different than above:

Copy delivered in person [ ]

certified mail

[]

by electronically transmitted facsimile

---- {7\

o Clerk of

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Circuit Court

on

.z.-p/ t -

TITLE

SIGNATURE

-


2/6

SEARCH WARRANT

Commonwealth

of

Virginia VA. CODE 19.2-56, 19.2-57

TO ANY AUTHORIZED OFFICER:

You

are hereby commanded in the name

of

he Commonwealth to forthwith search either in day

or

night

Property located at the Fairfax County Police Annex Building (Property Room) located at

10600 Page Avenue, Fairfax, Virginia (Fairfax County) associated with police case number

2015-0490065: Apple phone 6

SIN:

F78NF20VG5MM, Property ID: 897656.

for the following property, objects and/or persons:

cellular phone, pertaining to the offense of Use

of

a Communication System to Facilitate

Certain Offenses Involving Children (Section 18.2-374.3, Code ofVirginia, as amended). See

attached affidavit for full disclosure.

You are further commanded to seize said property, persons, and/or objects

if

hey be found and to produce before

the

Fairfax Countv .

Circuit Court

...................................................................................................... :11 .................................................................

an inventory of all property, persons, and/or objects to be seized.

SEARCHWARRANT is issued in relation to an offense substantially described as follows:

USE OF COMMUNICATIONS SYSTEMS TO FACILITATE CERTAIN OFFENSES

INVOLVING CHILDREN

IN

VIOLATION OF 18.2-374.3, OF THE CODE OF VIRGINIA

AS AMENDED. SEE ATTACHED AFFIDAVIT FOR FULL DISCLOSURE.

I,

the undersigned, have found probable cause to believe that the property or person constitutes evidence

of

the crime

identified herein or tends to show that the person(s) named or described herein has committed or is committing a crime,

and further that the search should be made, based on the statements in the attached affidavit sworn to by

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ATE AND TJMEouooooo

DJUDGE

FILENO.

SEARCH WARRANT

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3/6

AFFADAVIT

IN SUPPORT OF A SEARCH WARRANT OF

Apple iPhone 6

Before the undersigned magistrate, in and for the County

of

Fairfax,

this

26th day of 2015 your Affiant, Detective Jeanette Wagner

County Police Department; ;3:

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Your Affiant has been a Police Officer for over fifteen years in botli'if.3:trol ano

investigative capacity. Your Affiant is currently assigned to the Criminal Investigatf6n

Bureau, Child Exploitation Unit, and is responsible for the investigation

of

crimes against

children. This includes, but is not limited to, internet crimes and Child Pornography.

Your Affiant has received training involving Internet Crimes Against Children, (ICAC)

and has also received additional training in reference to Child Pornography from the

Federal Bureau of Investigation.

Your Affiant is respectfully requesting a search warrant for property located at the

Fairfax County Police Annex Building (Property Room) located at 10600 Page Avenue,

Fairfax, Virginia Fairfax County) associated with police case number 2015-

0490065: Apple lphone 6 SIN: F78NF20VG5MM, Property ID 897656.

This affidavit is based upon information that your affiant has gained from the

investigation as well as information provided to your affiant by other persons during the

course of the investigation thus far. Because this affidavit is being submitted for the

limited purpose

of

securing a search warrant, your affiant bases probable cause upon the

following facts, although not all information known to your affiant has been included in

this affidavit.

This statement of facts is relevant to the reported felony of 18.2-374.3, Use

of

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4/6

,

AFFADAVIT

IN

SUPPORT OF A SEARCH WARRANT OF

Apple iPhone 6

insisted that a real time camera image be sent. Your Affiant could not provide the real

time image so DR ended the conversation soon after.

On December 5, 2014, your Affiant again posted an ad as an underage

the same internet website. Your Affiant received a response from DR again .,.-

1

"Hi there. 44 yo DILF in de. Happy to get a hotel room today to play, or I

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Sane and clean and know what I'm doing. No drama, she's out of town. Xx -::: t11

subject again attached

an

image of a Caucasian male in a suit holding what appears to beJ.

an iPhone. Your

Mfiant

concluded this was the same subject from the aforementioned-.)

communications and elected not to respond to this email. / - -:.

On

February 12, 2015, Your Affiant reached out to DR VIA the l:lsernanie

previously used to communicate. Your Affiant made arrangements for a female Fairfax

County Police Officer to provide undercover photos that

DR

had previously requested.

These images were taken in such a way that

_the

female officers appeared to be a young,

teenage

girL DR

informed your Affiant that his name was Dan and he asked for a live

camera image. One was provided to him VIA the female officer and again your Affiant

stated that she was fourteen years old and in high school. The continued to

vary between communications that were casual and sexual in nature.

An administrative subpoena was sent to the company operating the

communications app requesting the users Internet Protocol (IP) logs for this particular

user. The company responded with the IP log and a follow up subpoena was sent to

Comcast internet provider for the specific IP address that appeared to be a residence. The

internet provider responded with the subscriber information for that IP address

and identified the account as belonging to Daniel Rosen,

Washington DC. Your Affiant obtained a Washington DC Department of Motor


5/6

AFFADAVIT

IN

SUPPORT OF A SEARCH WARRANT OF

Apple iPhone 6

to his arrest and after Miranda Rights had been read, he provided consent to your Affiant

to view the photos contained in his iPhone. Mr. Rosen was present and looked at the

photos with your Affiant. Your Affiant observed several photos that had been taken and

sent to your Affiant during the investigation. The phone was seized and packaged as

evidence in the Fairfax County Property room. The phone was identified as an Apple

Iphone 6

SIN:

F78NF20VG5MM, Property ID: 897656. The device is currently stored at

the Fairfax County Police Property Room, 10600 Page Avenue, Fairfax, Virginia (Fairfax

County).

Your Affiant knows from training and experience that an Apple iPhone 6 is capable of

operating the application to conduct communications with Daniel Rosen during':fbis

investigation. Your Mfiant personally observed images stored on

Mr.

Rosen:'s 6

that had been sent during the aforementioned communications. Your 1B.is

indicates that the messaging application is also located on this device.

knows that the communications conducted through this application

retrievable even

if

they have been deleted.

your

Affiant believes there is preb?.ble cause

to believe that the Apple iPhone 6 seized from

Mr.

Rosen's person was the

conduct these communications and still contains evidence supporting this offensf

--

-

Wherefore, your affiant respectfully requests a search warrant for

10600 Page Avenue,

Fairfax, Virginia (Fairfax County) associated with police case

number

2015-0490065

Property ID:

897656,

an

Apple iPhone 6,

authorizing the seizure and search

of

the

following items;

All files contained therein to include, but not limited to, images, registry and device

--:G

.


6/6

WAPJU.NT OF ARREST- FELONY

COMMONWEALTil OF\t RGINIA Va. Code 19.2-71,-72

[x] General District Court [X] Criminal [ ] Traffic

[ ] Juvenile and Domestic Relations District Court

CI1Y

OR

COUNIY

TO ANY AUTHORIZED OFFICER:

You are hereby commanded in the name

ofthe

Commonwealth ofVirgini a forthwith to arrest and

bring the Accused before this Court to answer the charge that the Accused, within this city

or

county,

on or about ..t9. .. did unlawfully and feloniously in of Section

............................................................................................................................................

,Code ofVirginia:

while being aperson 18 years of age or older,

use

a

communications

system or another electronic means, for the

purposes of

soliciting, with lascivious

intent,

aperson the

accused knlillfOr

had reason to believe

was

a

child

less

than

15 years of

age

to knowingly and

intentionally

propose to

such

child

the

perfOrmance

of

an act of sexual

intercourse,

anal

intercourse, cunnilingus,

fellatio, or

anilingus

or an act

constituting

an

offense

under 18.2-361.

The accused is seven or more

years

older than the

child

the accuse.ew or had reason to believe was a

child

less

than 15 years of

age

who was the subject of the solicitation. *UNDERCOVER OPERATION*

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Documents

Rosen - Virginia search warrant and affadavit