IN THE CIRCUIT COURT OF THIRTEENTH J UDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CRIMINAL JUSTICE DIVISlON

Transcription

1 IN THE CIRCUIT COURT OF THIRTEENTH J UDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CRIMINAL JUSTICE DIVISlON STATE OF FLORIDA: COUNTY OF HILLSBOROUGH: () () 1..._ TO: THE CHIEF OF POLICE OF THE TAMPA POLICE DEPARTME T, OE ANY DESIGNATED POLICE OFFICER THEREOF:,,. UJ TO THE DIRECTOR OF THE FLORJDA DEPARTMENT OF LA \V../) o ENFORCEMENT OR ANY AGENT THEREOF:,...,_, = -c:o,... =u :.,J N c c:. ;:: _,:., SEARCH WARRANT WHEREAS, complaint on oath an i 'ng, supported by affidavit, has been made before me, Circuit JudgeblJ h n and for Hillsborough County, Florida, by Tobin Myers, an Officer with the Tampa Police Department, who states that there is reason to believe and he does believe that a certain cell phone located in Tampa, Hillsborough County, Florida, described as fo llows: Black in color Samsung Cell Phone Model SM-G955UZKA TMB, IMEI /8/ /5, Serial Number R28J92Z4V8W Being the cell phone owned or possessed by W/H/M Michael Paz Debesa, 9/2/1974, but currently in the possession of the Tampa Police Department at 411 N. Franklin St Tampa, FL And there are now being kept on said device certain items of evidence, to wit: digital files, application data, contact lists, call records, text messages, actual a1,1d deleted photos, actual and deleted videos, OPS locations, navigational maps and addresses Which are being kept and used in violation of the Laws of the State of Florida, to wit: the Laws prohibiting: Showing obscene material to minors, Florida State Statute

2 ... ' and which may be used to identify the owner/user of the cellular phone and subject to seizure pursuant to Florida State Statute That the facts tending to establish the grounds for this application, and the probable cause of the Affiant, believing that such facts exist are set forth in a written affidavit which has been sworn to in my presence, and it appears to the Court that the Affiant is a reputable citizen of the State of Florida, and that the facts set forth in said affidavit show and constitute probable cause for the issuance of this warrant and the Court being satisfied of the existence of said grounds set forth in this application, or that there is probable cause to believe in their existence NOW, THEREFORE, you are commanded with such proper and necessary assistance as may be necessary, in the daytime or in the nighttime, or on Sunday, as the exigencies of the occasion may demand or require, to obtain the aforesaid cell phone device and any attached/inserted, memory cards, for the data/information described in this warrant. And if the same or any part thereof be found, you arc hereby authorized to seize and secure same, giving proper receipt therefore and delivering a duplicate copy on said cellular phone, and making a return of your doings under this warrant within ten ( l ) days of the date hereof, and you are further directed to bring said data/information so found before any County or Circuit Judge having jurisdiction of this offense to be disposed of according law. WITNESS my hand and seal this l..j_day of +J, t ) \.._J ;;-.;, : ) = <:'%",) r- - N a -.,,-, ;:,.. ii 1.. ""r ) a C> _('),.,_, ,-,J \,"':;: c: -... I ( ", ;

3 IN THE CIRCUIT/COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA STATE OF FLORIDA: COUNTY OF HILLSBOROUGH: () AFFIDAVIT IN SUPPORT OF SEARCH WARRANT. '1..-'1 Joi.I' Ii., '."'/),_,.i....,,,..., C::J :. :?llo "l) -;::;:, N a ::::.o.. a.. (). - ;,.} f C;! c -. ' I Black in color Samsung Cell Phone Model SM-G955UZKA TMB, IMEI- c.-,,_ -: --- The undersigned Judge of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, personally appeared Officer Tobin Myers, a Law Enforcement Officer employed by the City of Tampa Police Department, who states that there is reason to believe and does believe that a certain cellular telephone located in Hillsborough County, Florida, described as follows: 35598/8/ /5, Serial Number R28J92Z4V8W Being the cell phone owned or possessed by W /HIM Michael Paz Debesa, 9/2/1974, but currently in the possession of the Tampa Police Department at 41 l N. Franklin St Tampa, FL And there are now being kept on said device certain items of evidence, to wit: digital files, application data, contact lists, call records, text messages, actual and deleted photos, actual and deleted videos, OPS locations, navigational maps and addresses Which are being kept and used in violation of the Laws of the State of Florida, to wit: the Laws prohibiting: Showing obscene material to minors, Florida State Statute and which may be used to identify the owner/user of the cellular phone, subject to seizure

4 pursuant to Florida State Statute That the facts tending to establish the grounds for this application, and the probable cause of the Affiant, believing that such facts exist are as follows: Officer Tobin Myers is an Investigative Law Enforcement Officer as defined in Florida State Statute Chapter 934 and is making this application pursuant to his otlicial duties. Officer Tobin Myers, has been a member of the Tampa Police Department (TPD) since July 21. The Affiant received a Bachelor in Science degree from Florida A & M University in 1998 and is a Registered Pharmacist with the Florida Department of Health. Since joining TPD, the Affiant has worked in various assignments within the TPD including Road Patrol, Street Crimes, and Field Training Officer. The Affiant has attended various specialized training schools conducted by the Florida Criminal Justice Standards and Training Commission, the Department of Justice Drug Enforcement Agency, and the Florida Department of Law Enforcement. Your Affiant is empowered to conduct investigations and make arrests for violations of criminal laws of the State of Florida. The Affiant is currently assigned to the Tampa Police Department's Major Crimes Bureau, Sex Crimes and Child Abuse Unit and is responsible for investigating sexual batteries, lewd molestations, child abuse/neglect and other various crimes against children or crimes of a lewd nature. The Affiant has, in the past, applied for and been granted search warrants within the jurisdiction of the Thirteenth Judicial Circuit, in and for Hillsborough County, Florida, which has resulted in the seizure of evidence. Based on the Affiant's experience, training, and information obtained from other Police Officers versed in related investigations, the Affiant can state that: A) Persons who commit the crime of showing obscene material to minors will often document the crimes on digital media, to include cell phones, video cameras, computers,

5 etc. B) Specific stored information in cellular phone devices point to the user/owner of the device. Specific phone numbers, call logs, text messages, picture messages, pictures, and contacts, all can provide time-specific information, which aid in identifying the user/owner of the device. C) Phone activity conducted by offenders, when matched with the corresponding cellular phone tower, can provide specific and general geographic locations of the phone at the time of use. The Affiant has personal knowledge of the matters set forth in this Affidavit and/or the information was imparted to me in the performance of my official duties as a law enforcement detective. That the facts tending to establish the grounds for this application, and the probable cause of the Affiant, believing that such facts exist are set forth as follows: On 1/21117 at approximately 225 hours the complainant ordered an Uber to pick up- andlltwo friends from the Amalie Arena in downtown Tampa. A Hispanic male (suspect) driving a black Hyundai responded and picked up the All three juveniles were sworn in, then interviewed separately, providing the following statement: During the ride the suspect pulled over and stopped in the Publix parking lot at Platt St and Bayshore Drive. The suspect then either sent a text message or opened an application on his cell phone. The cell phone was secured in a dash mounted cell phone holder. The suspect accessed a video and then intentionally pressed the play button.

6 wearing a pink and purple top. The The suspect did not stop the video, but rather let if play for approximately 2 seconds. The victims felt the suspect was waiting for them to respond in some way, but they remained quiet and just looked at each other in disbelief. After the video played, the suspect drove away and dropped the. off at the complainant's home. As soon as the victims entered the home they immediately told the complainant about what had just happened. The complainant showed the. the screen shot of the ride summary from the Uber application. The screen shot included a close-up and clear depiction of a male's face. The victims were 1% sure the subject depicted in the Uber ride summary was the person who had just driven them home and showed them pornography. At this point the complainant called the police. The complainant provided Detective Jenne with the Uber application screen shot. The screen shot provided the above described face shot of the driver, with a name of "Paz", with a rating of 4.43 stars and indicated he is driving a Hyundai Elantra bearing FL tag #HTVB88. A check of DA VlD revealed the tag was registered to Michael "Paz" Debesa, The vehicle assigned the tag was a 217 Hyundai, brown in color. I viewed the driver's license photo for Michael Paz Debesa and it exactly matches the depiction of the driver from the Uber application. Detective Jenne subpoenaed Uber for records related to this specific ride provided by the suspect. Uber responded and provided the complete information for the driver on this trip (screen name Paz Michael), including his address, phone number, bank account, vehicle information (Hyundai Elantra, FL Tag# HTVB88), insurance card, Uber application profile picture and Florida driver's license (Michael Paz Debesa, P23 l ). Uber also provided a Google maps illustration of the driver's route during the trip (which passes the intersection where the victims stated the offense occurred).

7 On 4/13118, Detective Jenne prepared an arrest warrant charging Michael Paz Debesa with three counts of Showing Obscene Material to Minors, pursuant to FSS On 4/ 14/18, the Honorable Judge Eric Myers signed the warrant. On 4116/18 the Hillsborough County Sheriffs Office (HCSO) responded to 9151 Berkshire Lane, Tampa, Florida 33635, in an attempt to arrest Debesa. The deputies made contact with Juliaknova N. Bendezu, 12/16/52. Benduzu told the deputies that Debesa no longer lives there, but offered to call him. Beduzu called Debesa, who at that time was at work as a Lyft driver. Debesa agreed to respond to the house, at which point he was arrested by HCSO. Prior to being transported, Debesa gave Beduzu his wallet, hat and cellular phone. Detective Jenna Petrella and Detective Darren Jenne applied for and were granted a search warrant for the residence located at 9151 Berkshire Lane Tampa, FL on 4/17/18. Detective Jenne and Detective Petrella responded to 9151 Berkshire Lane Tampa, FL and made contact with Juliaknova N. Bendezu, 12/16/52 inside of the residence. Bendezu led the detectives to a table near the kitchen and presented them with the phone that had been given to her by Debesa when he was arrested. The phone was a black in color Samsung Cell Phone Model SM-G955UZKATMB, TMEI-35598/8/471237/5, Serial Number R28J92Z4V8W. The phone was seized by Detective Jenne and transported to 411 N. Franklin St Tampa, FL Based on the foregoing totality of circumstances, the Affiant has reason to believe and does believe, that there is currently evidence pertaining to this offense located within the above referenced cellular device, and there is information contained within the device which will serve to identify the owner/user of the device, to include: digital files, application data, contact lists, call records, text messages, actual and deleted photos, actual and deleted videos, GPS locations, navigational maps and addresses being kept or stored and/or maintained at or

8 within the cellular phone described in this Affidavit in Support of Search Warrant contrary to existing Jaws; to wit Showing Obscene Material to Minors; Florida State Statute and subject to seizure, pursuant to Florida State Statute Whereof your Affiant makes this affidavit and prays the issuance of a search warrant in due form oflaw, for the search of the above described device, for the said data/information heretofore described, and for the seizure and safe-keeping thereof, subject to the order of this Honorable Court, by the duly constituted officers of the Jaw. Tobin Myers, Police Officer Subscribed before me this \_,_C\ _'...: day of \\,_... \_'_, _\ :,218. = co...,., c ==-::J N --1 f) :JC '!? c:: ;o- -l

9 IN THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA ST ATE OF FLORIDA, COUNTY OF HILLSBOROUGH: SEARCH WARRANT RETURN I, Officer Tobin Myers received the within search warrant on the 2th day of April, A.O., 218 and executed the same in Hillsborough County, Florida, on the 2th day of April, A.O., 218, by searching the phone described herein and by taking into custody and possession the following property, to wit: Black in color Samsung Cell Phone Model SM-G955UZKA TMD, IMEl /8/471237/5, Serial Number R28J92Z4V8W.,::1_,._ t:> t,,... 1 ;::: ""' :..=c....-:. I, Officer Tobin Myers, the Officer by whom the foregoing warrant was executed, do sw that O.._ N C:: the above inventory contains a true and detailed account of all property taken ey me 6ir said-: warrant..,.:jr ' ' J:1.:::. r '- 'fi' c::.. ;;n-... a -.:, : r Tobin Myers, Sworn to and subscribed before me this 2 1 h day of April, A.O., 218 Officer Tobin Myers is personally known to me and did take an oath. Darren Jenne, D ctive Law Enforce ent Officer Tampa Police Department