Activity 5:
Affidavit and Search Warrant Writing
You are a computer forensic examiner working for the Department of Homeland Security (DHS). DHS is investigating the possible threat of an attack on government buildings within the U.S. by an organization called the “Big Bullies” who are believed to have neo-nazi ideologies. A high-ranking member of the Big Bullies, Adolph Heineken, (heir to the Heineken beer fortune) is currently working as a graduate teaching assistant at Liberty University Your team has been investigating the suspected terrorist, Adolph Heineken for the past six months. DHS has conducted surveillance and wiretaps of the suspect, and you now have probable cause to believe that the “Big Bullies” and Heineken are planning an attack within the U.S. and evidence located within Heineken’s office contains evidence to support this claim.
Your job is to write a search warrant and affidavit to search Heineken’s office located at:
4190 Liberty Drive
Weichester, Virginia 23491
● Write your search warrant and supporting affidavit
● See the “Handouts” folder on Blackboard for help
o Warrants must specify the type of evidence that may be gathered and the locations that may be searched. Your affidavit must be DETAILED and explain your probable cause.
o Your warrant should include:
▪ Court Authority
▪ Nature of crimes being investigated
▪ Locations to be searched
▪ Property to be searched and seized
▪ Affidavit/Statement of Probable Cause
You have to show probable cause that:
o A crime has been committed, and
o Evidence exists in the location you plan on searching.
● Fill in the details “how” you got to this point in your investigation. You can come up with the back-story to explain how you got to this point in the investigation, but follow the basic case scenario I provided.
▪ Chronology of Events
▪ Exhibits
▪ Your “return” page should be BLANK since you have not conducted a search yet.
● Search Warrant Template:
● Turn in your assignment on Blackboard. It must be submitted as ONE word of PDF file (NOT A ZIP FILE) that includes both the search warrant and affidavit.
Tips:
● For activity 6, you will each (individually) write your search warrant and affidavit – it is based off the scenario we are using for the .
● I have given you basic information; you will come up with the "story" to support the rest. Remember, search warrants/affidavits have to be very specific.
○ This should be your narrative explaining dates/times you have observed the suspect or gathered information via wiretaps, specifically what you observed, and how this gives you probable cause that a crime has been committed and specific evidence of that crime (everything you listed on the warrant) exists in the place you are requesting to search.
○ In your affidavit, you have to specifically tie the crime and evidence back to the search location.
○ These should be DETAILED and SPECIFIC documents. You can’t just throw in "everything and the kitchen sink" – you have to have the evidence to support each item you list in the warrant. Remember – when you get to the crime scene, you can only take evidence listed in the warrant!
● Do not just copy the information from the scenario.
● Examples: Blackboard – “Handouts & Resources” folder – “Criminal Procedure, Search Warrants, & Affidavits”
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