984 lines
50 KiB
Plaintext
984 lines
50 KiB
Plaintext
Computer underground Digest Thur Apr 14, 1994 Volume 6 : Issue 33
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ISSN 1004-042X
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Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
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Archivist: Brendan Kehoe
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Archivist Le Grande: Stanton McCandlish
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Shadow-Archivists: Dan Carosone / Paul Southworth
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Ralph Sims / Jyrki Kuoppala
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Ian Dickinson
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Suspercollater: Shrdlu Nooseman
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CONTENTS, #6.33 (Apr 14, 1994)
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File 1--Search Warrant Affidavit in Amateur Action BBS Case
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Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
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available at no cost electronically.
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CuD is available as a Usenet newsgroup: comp.society.cu-digest
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Or, to subscribe, send a one-line message: SUB CUDIGEST your name
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Send it to LISTSERV@UIUCVMD.BITNET or LISTSERV@VMD.CSO.UIUC.EDU
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The editors may be contacted by voice (815-753-0303), fax (815-753-6302)
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or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL
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60115, USA.
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Issues of CuD can also be found in the Usenet comp.society.cu-digest
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news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
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LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT
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libraries and in the VIRUS/SECURITY library; from America Online in
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the PC Telecom forum under "computing newsletters;"
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On Delphi in the General Discussion database of the Internet SIG;
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on RIPCO BBS (312) 528-5020 (and via Ripco on internet);
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and on Rune Stone BBS (IIRGWHQ) (203) 832-8441.
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CuD is also available via Fidonet File Request from
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1:11/70; unlisted nodes and points welcome.
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EUROPE: from the ComNet in LUXEMBOURG BBS (++352) 466893;
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In ITALY: Bits against the Empire BBS: +39-461-980493
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FTP: UNITED STATES: etext.archive.umich.edu (141.211.164.18) in /pub/CuD/
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aql.gatech.edu (128.61.10.53) in /pub/eff/cud/
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EUROPE: nic.funet.fi in pub/doc/cud/ (Finland)
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nic.funet.fi
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ftp.warwick.ac.uk in pub/cud/ (United Kingdom)
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COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
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information among computerists and to the presentation and debate of
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diverse views. CuD material may be reprinted for non-profit as long
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as the source is cited. Authors hold a presumptive copyright, and
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they should be contacted for reprint permission. It is assumed that
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non-personal mail to the moderators may be reprinted unless otherwise
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specified. Readers are encouraged to submit reasoned articles
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relating to computer culture and communication. Articles are
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preferred to short responses. Please avoid quoting previous posts
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unless absolutely necessary.
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DISCLAIMER: The views represented herein do not necessarily represent
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the views of the moderators. Digest contributors assume all
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responsibility for ensuring that articles submitted do not
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violate copyright protections.
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----------------------------------------------------------------------
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Date: Wed, 23 Feb 94 03:03:52 PST
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From: hkhenson
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Subject: File 1--Search Warrant Affidavit in Amateur Action BBS Case
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((MODERATORS' NOTE: Robert Thomas, sysop of Amateur Action BBS was
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arrested in January following a U.S. Postal Service "sting," and was
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alleged to be running a BBS that carried child pornography. A
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previous bust of AABBS by local law enforcement in Milpitas, Calif,
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resulted in no charges being filed and the return of the equipment.
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There was no indication at that time that any of the files were
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illegal.
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The current case resulted from a postal inspector's questionable
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investigation and application for a warrant. Although the BBS is
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located in California, Thomas was indicted in Memphis, Tenn., because
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material downloaded in Tennessee was deemed to violate laws of that
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state, rather than California.
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The case raises interesting questions. In addition to the questionable
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investigative procedures, the one most relevant to CuD readers is
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this: If a text, gif, or other file is legal in one state, what are
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the implications of such a file is accessed by someone from another
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state where the file(s) may not be legal? Given the permeable borders
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of cyberspace, can prosecutors apply local laws to other states and
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thereby invoke federal law enforcement power? If so, this could mean
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that the most restrictive laws in one jurisdiction are the de facto
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threshold of legal tolerance universally.
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The status of the case and the nature of the issues currently remain a
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bit murky, and personnel in the Memphis US District Attorney's office
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have not returned CuD's contact (we attempted to contact US Atty
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General Veronica Coleman at (901) 544-4231).
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Below is the affidavit for the search warrant served on AA BBS. We
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will provide an update in the next week or two)).
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=================================================
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IN THE MATTER OF THE APPLICATION
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FOR AND AFFIDAVIT IN SUPPORT OF
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A WARRANT FOR THE SEARCH OF
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A PREMISES KNOWN AS
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475 TRAMWAY DRIVE,
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MILPITAS, CALIFORNIA 95035
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AFFIDAVIT IN SUPPORT OF SEARCH WARRANT
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I, DAVID H. DIRMEYER, Affiant herein, being first duly sworn,
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do hereby state as follows:
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1, Affiant is currently employed as a United States Postal
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Inspector at Memphis, Tennessee, and has been a resident of
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Memphis, Tennessee for his entire life. My specific assignment is
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as a Prohibited Mailing Specialist, a position which I have held
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since December, 1991. 1 am also a child pornography/obscenity
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specialist with duties to identify and investigate the activities
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of persons suspected of trafficking in child pornographic materials
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and obscenity through use of the United States mails. I have
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attended training sessions addressing, generally, the matters of
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pedophilia, child sexual abuse, and the use of the mails in the
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transmission of child pornographic materials and obscenity.
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2. Affiant's. general law enforcement background includes
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approximately four years as a Postal Inspector. Most of this time
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has been spent in the investigation of federal criminal violations.
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I have participated in hundreds of criminal investigations
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including child pornography and obscenity cases and have testified
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in various types of judicial proceedings.
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1
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3. The following information is based upon my personal
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knowledge and observations and my conversations with, and reports
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from, other law enforcement officers.
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4. On or about July 26, 1993, U.S. Postal Inspectors in >
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Memphis received a complaint from a citizen residing in the Western
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District of Tennessee . This citizen described himself as an avid
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computer "hacker". He said he had encountered a computer bulletin
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board system (BBS) offering photos and videos of nude children.
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This citizen said the name of the bulletin board was Amateur Action
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bulletin Board System (AABBS) and the telephone number was 408-263-
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3396. Your Affiant is aware that area code "408" is a California
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area code.
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5. On or about July 10, 1993, Postal Inspectors in Memphis
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contacted the abovesaid BBS by computer The operator of the BBS,
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known as a "sysop" (SYStem OPerator), was offering to sell
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photographic images of young girls via computer systems. Your
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Affiant is aware that photographs and other images can be used to
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create data that can be stored and used by computer systems. This
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can be accomplished by using a device known as a "scanner". The
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data from an individual image can be stored by a computer as an
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individual "file". A file of such an image is generally known as
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a "GIF" (Graphics Interchange Format). Computers are capable of
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displaying this data as a facsimile of the original image on a
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computer screen. Using a commonly available device known as a
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"modem", one can transmit and receive computerized data,
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interstate, over telephone lines between computers. Such
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2
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transmissions are known as "uploads" by the computer sending the
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data, and "downloads" by the computer receiving it. GIF's are
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suitable for such transmission.
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6. on or about August 20, 1993, Postal Inspectors in -
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Memphis, using a computer equipped with a modem, contacted the
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telephone number provided by the aforesaid Tennessee citizen and
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inquired about the procedure for subscribing to the AABBS. As this
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information appeared on the computer screen, Postal Inspectors used
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the "print screen" command, causing a printer to Produce a Paper
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copy duplicating the information that was on the screen. The
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message indicated that by subscribing to the AABBS, one could
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download GIF's and obtain lists of videos, magazines, and "novelty"
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items available for sale by the Sysop. Using the fictitious name
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and address - Lance White, 1770 North Germantown Pkwy., Suite 166,
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Cordova, Tennessee 38018, - your Affiant mailed a completed
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application form to the address indicated, 142 N. Milpitas Blvd,
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Suite 284, Milpitas, CA 95035. A six-month subscription cost
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$55.00 with a 1.2 megabyte download limit and a time limit of 90
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minutes per day. Your Affiant included postal money order -
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#4910086213 for $55.00 with the AABBS membership registration form.
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7. To become a member of AABBS, certain requirements must be
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met, one of which is to furnish a legitimate street address. Post
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Office (PO) box addresses are excluded. Your Affiant is aware that
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United States Postal Service regulations do not allow individual
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Post Offices to accept packages for delivery to PO boxes from
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common carriers such as Federal Express or United Parcel Service.
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3
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It has been your Affiant's experience that individuals who traffic
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in obscenity or child pornography often have such requirements to
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avoid use of the United States mail to transport their merchandise.
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8. on or about August 26, 1993, an individual identifying
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himself as Robert Thomas left a message on an undercover telephone
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line answering machine operated by Postal Inspectors in Memphis.
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Thomas' message indicated that he had received the abovesaid
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registration fee and would allow access to his BBS. Many bulletin
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board systems have a feature commonly known as "chat" mode. This
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feature allows the Sysop, or other person at the BBS, to type a
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one-to-one conversation with a person at the calling computer. On
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or about August 26, 1993, your Affiant was in contact with AABBS
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when the sysop (Thomas) changed the system to chat mode. Thomas
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thanked me for joining and welcomed me to the AABBS.
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9. Another feature of AABBS is a "Bulletin Menu" that lists
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various services/materials available. This menu notes that
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"Visa Mastercard" is accepted for GIF and Video access. This menu
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lists various categories of videos, magazines, and "GIF packs"
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available. GIF packs are sets of diskettes containing numerous GIF
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files pertaining to a particular subject. Entries appearing on
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AABBS's bulletin menu, each time your Affiant has logged on and as
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recent as December 14, 1993, include: "Amateur Action Kinky Videos!
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Kinky, Nasty, Bizarre and Taboo!" "Amateur Action Nudist Videos!
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Teenage and Family Nudism:"
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4
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10. On or about August 26, 1993, your Affiant used the print
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screen command to obtain a list of nudist videos and GIF packs
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available from AABBS. This list included 29 nudist videos. These
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videos are described as containing "Tender young teens caught
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candid at nudist colony" and "topless teenagers of all ages". The
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nudist videos sell in packs of three for $99-00, or $35-00 each if
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purchased separately. the GIF packs described on the list consisted
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of five to six megabytes of GIF files featuring nude teen and
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"junior teen" children. The selection included 27 GIF packs priced
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at $24.00 each.
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11. On or about August 27, 1993, your Affiant used the print
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screen command to obtain a partial listing of the over 17,000 GIF
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files available for download from AABBS. I noticed that many of
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the file descriptions listed included terms such as "Firm body,
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budding young breasts:::" (AA-135), "Closeup of this cute young
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teen:' AA-138), "She has a young tender body and no tits at all!"
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(AA-363).
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12. On or about August 27, 1993, your Affiant mailed a letter
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and postal money order #4910086921 in the amount of $41.00, to -
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Robert Thomas, 142 N. Milpitas Blvd #284, Milpitas, CA 95035. 1
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asked Thomas, in the letter, to select one video from the group of
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videos referenced on the AABBS menu as "K71" thru "K74". This
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group of videos was advertised on the BBS as "Mother and daughter
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with dog! Girls shitting and pissing!" I also told Thomas, in the
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letter, that I had some material that he might be interested in.
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I did not specify the subject matter of my material at that time.
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5
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13. on or about August 31, 1993, your Affiant received an
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electronic message (EM) from Robert Thomas on the BBS. Thomas
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expressed an interest in the material I had alluded to when I
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placed the first order on August 27, 1993. As I was responding to
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Thomas's EM, he interrupted by going to chat mode. In the computer
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conversation that followed, I again did not reveal the subject
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matter of the material which I supposedly possessed. However, I
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expressed an interest in the teen nudist material available on the
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BBS. Thomas showed me how to execute an automated search of the
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GIF files for material of a particular nature. Thomas used the key
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words "teen" and "nudist" to identify GIFS that contain images of
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nude children. I documented this interaction with Thomas, using
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the print screen command.
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14. on or about September 3, 1993, your Affiant left an EM
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for Thomas thanking him for demonstrating the search technique. I
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told him I am enjoying the material that I have downloaded. I went
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on to say that the material mentioned in earlier correspondence
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consisted of "action mags". The term "mags" is commonly used to
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refer to pornographic;magazines. This message was recorded using
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print screen.
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15. on or about September 7, 1993, your Affiant received an
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EM from Thomas. Thomas was asking for details about the magazines
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I possessed. I recorded this message using print screen. I did
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not respond to this inquiry at that time.
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6
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16. On or about September 14, 1993, your Affiant downloaded
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a file from AABBS called "ALLVID.ZIP". This file contains detailed
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descriptions of videos for sale by AABBS (Robert Thomas). Included
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on the list are forty-two (42) videos featuring "bestiality"
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(humans having sex with animals), thirty-three (33) videos
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featuring "golden showers/scat" (people urinating/defecating on
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each other), eighty-one (81) "kinky" videos, and others. The kinky
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videos are described as containing "orgies" (groups of three or
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more people simultaneously engaged in sexual activity), "gang
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bangs" (one female having sex with multiple males), bestiality,
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golden shower/scat, bondage, objects (dildos, vegetables, bottles,
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and other objects inserted into the vagina), rape, torture and
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other sexually deviant activity.
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17. On or about September 17, 1993, your Affiant retrieved a
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box, from my fictitious address in Cordova, Tennessee, that
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contained a video cassette tape (VHS format) labeled "K74". The
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package had been delivered by United Parcel Service (UPS) and the
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package label indicated Robert Thomas as the sender. This material
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was ordered on August 27, 1993. Your Affiant has personally viewed
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the abovesaid video cassette tape entitled "K74" in its entirety
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and has prepared a written description detailing the content of
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said video, in its entirety. A copy of this written description is
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attached hereto as Attachment C and fully incorporated herein by
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reference.
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7
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18. On or about September 17, 1993, your Affiant mailed a
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letter and postal money order # 4910087985, in the amount of
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$204.00, to Robert Thomas, 142 N. Milpitas Blvd, Suite 284,
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Milpitas, CA 95035. In the letter, I ordered "kinky" videos listed
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on the AABBS menu as K17, K39, K40, and K47. These videos were
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advertised on the AABBS using the following language:
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K17 A masked man breaks into a house and ties up a
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young housewife! He fondles her tits and pussy and
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rips off her panty hose, panties, and bra! He
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handcuffs her and she screams as he rapes her! Her
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girlfriend arrives home and he holds a gun to her
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head and forces her suck his thick cock! He rips
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off her clothes and attaches electrical wires to
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her hairless pussy and plugs the wires into a wall
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socket! she screams in pain when he plugs in the
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electricity He pulls out her tampon and stuffs it
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in her girlfriend's mouth! He puts thumb tacks on
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a table the' whore sit on them! He ties her up,
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inserts a candle in her pussy, and lights it! He
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pisses all over her cute face and then rapes her
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while she screams! He makes her sit on a table and
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then nails her hairless pussy to the table! The
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girls scream with pain throughout the whole video!
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Excellent Action!
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K39 Shot "LIVE" on video in the USA! The nastiest
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video in the world! A young slut gets
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humiliated by a kinky guy! He slaps her face
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and makes her lick his boots! He kicks her
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boobs and slaps the sluts sexy ass! He squats
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and shits on her and sits on her face and
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makes her tongue his dirty shit covered
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asshole! she licks his shit covered asshole
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until it is clean! The slut has shit all over
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her face, tits, and her pussy and legs! she
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gags and vomits! Very kinky and nasty! she
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vomits all over her hands and the floor! she
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sits in the shit and in vomit! she gags,
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coughs, and vomits again! she lays on the
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floor covered with shit and he pisses in her
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mouth and on her shit covered pussy! He
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writes on her with red lipstick! He writes
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"whore" on her tits, "toilet" on her ass, and
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he writes the word "shit" on her too! This
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video is excellent quality and very nasty!
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8
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K40 This is a very kinky and nasty hard bondage and
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torture video! A cute slut gets heavy weights
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clamped onto her hairless pussy lips! Super
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stretched cunt lips! He pierces her stretched
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pussy lips with needles! He pierces her pussy with
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a long skewer! He inserts a needle into the rim of
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her asshole! She gets over fifteen needles into
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her hairless s cunt and asshole! He whips her ass
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cheeks good and she screams with pain! He pulls
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the needles out of her hairless pussy and it
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bleeds! Lots of blood runs from her pussy onto her
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asshole! He whips her sore bloody pussy and then
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he inserts over two dozen needles into her hairless
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pussy! He clamps the long needles and pulls on
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them! This slut is in pain and she is screaming!
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He pulls out the two dozen needles and her hairless
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pussy is n sty and bloody! He whips her big tits
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with a long stick and they are red and very sore!
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He puts clamps her nipples and pulls on the big
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clamps! Then he whips her big boobs! He hangs big
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heavy weights from her nipple clamps! This whore
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is in extreme pain! This is one of the best
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bondage and torture videos that I have ever seen!
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K47 Shot "LIVE" on video in the USA! A cute
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brunette with cute pigtails goes into the
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bathroom removes her top! She has super
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pointed little boobs and puffy areolas! Her
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mother tells her to take off her panties, then
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she lubricates asshole and inserts a
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thermometer! She lays her daughter over her
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knees and she inserts the enema nozzle into
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her daughter's tight asshole! Great close-ups
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of the enema nozzle entering her virgin
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asshole! The enema fluid is dripping on her
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cute pink panties! She tells her daughter to
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lay on the bathroom floor so she can insert
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more enema fluid into her asshole. The young
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girl is afraid that the enema nozzle will hurt
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her ass hole so her mother keeps telling her to
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just relax! Excellent close-up footage of her
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young ass as she lays on the bathroom with her
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cute pink .panties at her thighs! Excellent
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close-ups of her asshole as her mother fingers
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it! She sits on the toilet and you hear her
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moan and 'groan as she shits! Lots of
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excellent close-up footage of her smooth young
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ass cheeks, puckered asshole, peach fuzz
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twat, and her super pointed boobs and super
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puffy areolas! This girl has an unbelievable
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young body! Excellent!
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9
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19. Additionally, your Affiant asked Thomas, in the abovesaid
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letter, to select two of his favorite teen nudist videos. I
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requested videos showing "sweet young girls". The four (4) "K-
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series" videos described above along with the two teen nudist
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videos made a total of six (6) videos in the second order. I also
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repeated to Thomas, in the letter, that I had "action mag's" that
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he might be interested in.
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20. On or about October 11, 1993, your Affiant retrieved two
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boxes from my fictitious address in Cordova, Tennessee. Each of
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these boxes had Robert Thomas' name and mail drop address as the
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return address. The packages were delivered by United Parcel
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Service (UPS). One of the boxes had a code number "CA 957-700"
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affixed to it. Each of the two boxes contained three (3) video
|
|
cassette tapes (VHS format) entitled: K17, K39, K40, K47, PCI #1,
|
|
PCI #2. These are the six (6) videos ordered from Thomas on
|
|
September 17, 1993.
|
|
21. Your AfFiant has personally viewed each of the abovesaid
|
|
video cassette tapes, in their entirety, and has prepared a written
|
|
description of the video cassette tapes entitled "K17", "K39",
|
|
"K40" and "K47", detailing the content of each said video, in its
|
|
entirety. A copy of the written description of each said video is
|
|
attached hereto as Attachments D, E, F, and G, and are fully
|
|
incorporated herein by reference.
|
|
|
|
10
|
|
|
|
22. On or about October 114, 19993, your Affiant mailed a
|
|
letter and postal money order #s 49937716613 in the amount of $76 00
|
|
to Robert Thomas, 142 N. Milpitas Blvd, Suite 284, Milpitas CA
|
|
95035. I ordered two video cassette tapes described on the AABBS
|
|
menu as follows:
|
|
A35 Shot "Live",on video! A sexy blonde gets her
|
|
cunt eaten and then fucked by her horny dog!
|
|
A brunette slut jacks off a big horse cock!
|
|
Cute girls' engage in hot sex with their
|
|
boyfriends and then they suck and fuck a huge
|
|
dog. This big dog has a cock that is about as
|
|
big as a humans! Close-up penetration and
|
|
blowjob! This video contains very hot orgy
|
|
footage and kinky animal sex! Excellent!
|
|
|
|
PCI #3
|
|
Candid naked female teenagers and junior
|
|
teens! Excellent close-up footage!
|
|
|
|
23. Your affiant told Thomas, in this letter, that I had ".
|
|
. . hardcore sex magazines featuring young girls having sex with
|
|
adults and other children." I proposed to let Thomas borrow these
|
|
magazines to scan and create GIF files. In exchange, I asked that
|
|
he return the magazines to me along with copies of the GIF files he
|
|
created.
|
|
24. On or about October 26, 1993, your Affiant retrieved a
|
|
box from my fictitious address in Cordova, Tennessee. The box was
|
|
sent via United Parcel service (UPS) by Robert Thomas, according to
|
|
its label. Inside the box I found two video cassette tapes (VHS
|
|
format) entitled: PCI #3 and A5. For unknown reasons, Thomas
|
|
substituted video A5 for the video I had ordered - A35. The video
|
|
cassette tape (VHS format) entitled "A5" was advertised on the
|
|
AABBs in the following language:
|
|
|
|
11
|
|
|
|
|
|
A5 - 2 lesbians play with huge rubber cocks and
|
|
another girl:brings in a great dane! These 3
|
|
girls fuck and suck this big dog! super close-
|
|
ups! This great dane cums in their mouths and
|
|
pussies many times! This dog has a thick cock
|
|
that is about the same size as a humans!
|
|
Excellent close-ups throughout this video!
|
|
Great!
|
|
25. Your Affiant has personally viewed each of the abovesaid
|
|
video cassette tapes, in their entirety, and has prepared a written
|
|
description of the video cassette tape entitled "A5", detailing the
|
|
content of said video', in its entirety. A copy of the written
|
|
description of said video is attached hereto as Attachment H and is
|
|
fully incorporated herein by reference.
|
|
26. On or about November 3, 1993, your Affiant left an EM for
|
|
Thomas on the AABBS. I asked Thomas to respond to my offer of
|
|
October 14, 1993, regarding child pornography. A copy of this
|
|
message was made using the print screen.
|
|
27. On or about November 9, 1993, Thomas (computer indicated
|
|
Your affiant was talking to Robert Thomas) interrupted your
|
|
affiant's session on the AABBS by invoking chat mode. Thomas
|
|
indicated he was interested in my magazines. He asked your affiant
|
|
to send them to him via "two-day air" so he could work on them
|
|
(scan them) over the weekend. Your affiant replied that I would
|
|
send them to him as soon as possible. I used the print screen to
|
|
record a portion of this conversation.
|
|
28. On or about November 12, 1993, your Affiant mailed Thomas
|
|
a "lulling" letter via Priority U.s. Mail. This letter was
|
|
intended to delay the delivery of the child pornography to allow
|
|
completion of the investigation of Thomas and his activities. The
|
|
|
|
12
|
|
|
|
|
|
letter explained to Thomas that I have been unable to send the
|
|
magazines as promised due to personal problems. Your Affiant told
|
|
Thomas I intended to send the magazines he requested as soon as
|
|
possible.
|
|
29. From on or about AugUst 26, 1993 to on or about November
|
|
3, 1993, your Affiant has "logged on" (gained access) to Amateur
|
|
Action BBS numerous :times. There appear to be over seventeen
|
|
thousand (17,000) GIF files available for download on AABBS.
|
|
According to AABBS categories, titles, and descriptions, the
|
|
subject matter of these GIF files is similar to the above-described
|
|
videos offered by AABBS, that is, teen nudist, preteen nudist,
|
|
bestiality, golden shower, scat, orgies, gangbangs, etc.
|
|
30, On or about the following dates, your Affiant downloaded,
|
|
from Thomas' AABBS computer to Affiant's computer, the following
|
|
described computer-generated images referred to as GraPhics
|
|
Interchange Format (GIF) tiles, A copy of each of these GIF files
|
|
is attached hereto as Attachments 1, J, K, L, M, N, 0, P, Q, R, S,
|
|
T, and U, and they are fully incorporated herein by reference:
|
|
(a) September 3, 1993 - (1) a computer-generated image
|
|
referred to as a Graphics Interchange Format ("GIF") file, entitled
|
|
"AA-L2209.GIF" and more particularly described as "HE FUCKS A PIG!
|
|
SHE FUCKS A DOG AND A HUGE PIG! KINKY", (2) a computer-generated
|
|
image, referred to as a Graphics Interchange Format ("'GIF") file<
|
|
entitled "AA-12217.GIF" and more particularly described as "KINKY!
|
|
HORNY GIRLS SUCK HORSES! BIG HORSE COCK IN HER TWAT!", and (3) a
|
|
computer-generated image, referred to as a Graphics Interchange
|
|
|
|
13
|
|
|
|
|
|
Format ("GIF") file, entitled "AA-8589.GIF" and more particularly
|
|
described as " SHE SUCKS HER SON'S COCK! FATHER IS FUCKING HIS
|
|
DAUGHTER! '
|
|
(b) September 7, 1993 - (1) a computer-generated image,
|
|
referred to as a Graphics Interchange Format ("GIF") file, entitled
|
|
"AA-8278. GIF" and more particularly described as " FULL SCREEN VIEW!
|
|
A HAIRLESS PUSSY NAILED TO A TABLE!", (2) a computer-generated
|
|
image, referred to as a Graphics Interchange Format ("GIF") file,
|
|
entitled "AA-7153.GIF" and more particularly described as "MOTHER
|
|
IS WATCHING HER DAUGHTER FUCK BIG COCK! NO TITS! ", ( 3 ) a
|
|
computer-generated image, referred to as a Graphics Interchange
|
|
Format ("GIF") file, entitled "AA-8682.GIF" and more particularly
|
|
described as "HE MAKES HIS DAUGHTER SUCK COCK! SHE IS FISTING HER
|
|
SISTER: ", and ( 4 ) a computer-generated image, referred to as a
|
|
Graphics Interchange Format ("GIF") file, entitled "AA-11935.GIF"
|
|
and more particularly described as "HE FUCKS HIS DAUGHTERS HAIRLESS
|
|
CUNT! SHE FISTS HER MOTHER! "
|
|
(c) September B, 1993 - a computer generated image, referred -
|
|
to as a Graphics Interchange Format ("GIF") file, entitled "AA-
|
|
15198.GIF" and more particularly described as "BLONDE LOLITA HAS NO
|
|
TITS! SUCKS HUGE COCK AND DRINKS SPERM! "
|
|
(d) September '13, 1993 - a computer-generated image,
|
|
referred to as a Graphics Interchange Format ("GIF") file, entitled
|
|
"AA-13216.GIF" and more particularly described as "PUSSY
|
|
PENETRATION! HORNY BRUNETTE GETS FUCKED BY A HORSE! "
|
|
|
|
14
|
|
|
|
|
|
(e) October 14, 1993 - (1) a computer-generated image,
|
|
referred to as a Graphics Interchange Format ("GIF") file, entitled
|
|
"AA-13517.GIF" and more particularly described as "HORNY BLONDE
|
|
JACKs OFF HORSE! HORSE CUM ON HER HAND!", (2) a computer-
|
|
generated image, referred to as a Graphics Interchange Format
|
|
("GIF") file, hair.led "AA-13521.GIF" and more particularly
|
|
described as "CLOSE-UP! BIG HORSE COCK IN HER CUNT! HORSE CUM ON
|
|
HER LEG", and (3) a computer-generated Image, referred to as a
|
|
Graphics Interchange Format ("GIF") file, entitled "AA-16587.GIF"
|
|
and more particularly described as a woman performing fellatio on
|
|
an animal.
|
|
(f) October 19, 1993 - a computer-generated image, referred -''
|
|
to as a Graphics Interchange Format ("GIF") file, entitled "AA-
|
|
17623.GIF" and more particularly described as a man urinating in
|
|
the mouth of a woman while she spreads her vagina with her fingers.
|
|
-DI. On the "Bulletin Menu" of AABBS, there appears an option
|
|
entitled "Legal Issues: Know Your Constitutional Rights". Included
|
|
in this section is a "Warning to law enforcement officers". In
|
|
this section, Thomas advises law enforcement officers who might be
|
|
investigating him that his operation is legal. Thomas goes on to
|
|
suggest that any investigating officer verify the legality of his
|
|
operation through the san Jose Police Department.
|
|
32. On or about October 27, 1993, your Affiant contacted the -
|
|
san Jose Police Department Bureau of Investigations. Investigator
|
|
Greg Gunsky provided me with a detailed report of an investigation
|
|
of Robert Thomas and AABBS conducted by investigator Mark McIninch
|
|
|
|
15
|
|
|
|
|
|
of the San Jose Police Department. This investigation began in
|
|
March 1991 and culminated in a search of the Thomas residence on
|
|
January 20, 1992.
|
|
33. Investigator Mclninch conducted an investigation similar
|
|
to the one conducted b U.S. Postal Inspectors as described in this
|
|
Affidavit. Mclninch gained access to the BBS and made several
|
|
undercover purchases from Thomas. The investigation determined
|
|
that Thomas operated the BBS from his home, 475 Tramway Drive,
|
|
Milpitas, California. When interviewed by Investigator Mclninch,
|
|
after being advised of his rights, Thomas admitted operating the
|
|
BBS and selling video cassette tapes. Thomas said he conducted all
|
|
his business from his house and maintained no outside shop or
|
|
storage space. Numerous video cassette tapes were found within
|
|
Thomas' residence at the time of the search. Thomas's wife,
|
|
Carleen Thomas, after first being advised of her rights, admitted
|
|
working with her husband. The San Jose Police Department seized
|
|
the computers and computer equipment used by Thomas to operate his
|
|
BBS as well as video cassette recorders and video tapes used to
|
|
duplicate the videos he advertises on his BBS. According to
|
|
Investigators Gunsky and Mclninch, because no child pornography was
|
|
found pursuant to the search and forensic examination of the
|
|
computers, no arrests were made and the property was returned to
|
|
Thomas.
|
|
16
|
|
|
|
|
|
34. On or about November 16, 1993, your Affiant traveled to
|
|
Milpitas, California. I drove by the last known address of Robert
|
|
Thomas, which is 475,Tramway Drive, Milpitas, California 95035.
|
|
The physical appearance of the residence is as described in Exhibit
|
|
A. Your Affiant noticed a handmade"'UPS PICKUP" sign in one of the
|
|
front windows of the house. This sign is consistent with the sign
|
|
described by Investigator Mclninch in his report of the San Jose
|
|
police Department's investigation of Thomas and the 475 Tramway
|
|
address.
|
|
35. on or about November 17, 1993, your Affiant went to 142
|
|
N. Milpitas Blvd in Milpitas California. (142 N. Milpitas Blvd
|
|
#s284 is the mailing address for AABBS.) Located at the address
|
|
142 N. Milpitas Blvd,Milpitas, CA is a business called Mail Boxes
|
|
Etc., USA, which is a commercial mail receiving enterprise. The
|
|
proprietor, Tom Pennybacker, told your Affiant that persons known
|
|
to him as Mr. and Mrs. Robert Thomas rent mail box #s284 from him.
|
|
Mr. Pennybacker provided me with photocopies of a Postal Service
|
|
Form 1583 and a Mail Box Etc., USA Mail Box Service Agreement
|
|
regarding,box #s284. Both documents are signed by a Mr. Thomas and
|
|
indicate 475 Tramway, Milpitas, California as permanent address.
|
|
The Mail Box Etc. USA Service Agreement is dated February 18, 1991.
|
|
36. on or about November 17, 1993, at approximately 10:00 AM
|
|
while your Affiant was interviewing Mr. Pennybacker inside his
|
|
business, Mail Box Etc., USA located at 142 N. Milpitas in
|
|
Milpitas, California a white female, approximately 37 years old,
|
|
5 feet I inch in height, weighing approximately 100 lbs with gray
|
|
|
|
17
|
|
|
|
|
|
streaked black hair, entered the establishment. Mr. Pennybacker
|
|
addressed the woman as "Mrs. Thomas". Mr. Pennybacker subsequently
|
|
informed your Affiant that he knows the woman as Mrs. Robert
|
|
Thomas. Mr. Pennybacker retrieved a large package from the rear of
|
|
the store and gave it to Mrs. Thomas. Your Affiant observed Mrs.
|
|
Thomas take the package and load it into a gray Toyota Camry with
|
|
a sunroof and "dealer tag" license plates. The above-described
|
|
Camry had been observed by your Affiant parked in the driveway of
|
|
475 Tramway approximately 15 minutes prior to this incident.
|
|
37. On or about November 17, 1993, your Affiant spoke to Mr.
|
|
Ken Johnson of United Parcel Service (UPS). Mr. Johnson advised me
|
|
that his company UPS, has a daily pickup of parcels from Robert
|
|
Thomas at 475 Tramway in Milpitas, California. Mr. Johnson stated
|
|
his records indicate that a package previously described in this
|
|
Affidavit for Search Warrant as being received by your Affiant on
|
|
or about October 11, 1993, bearing the code CA 957-700 (see
|
|
paragraph 20 above) was picked up by a UPS employee from 475
|
|
Tramway, Milpitas, California. .
|
|
38. Based upon the above facts, specifically including (a)
|
|
Thomas' computer bulletin board business was located in his
|
|
residence (475 Tramway, Milpitas, CA) in January, 1992, when the
|
|
San Jose police department executed their search; (b) there is
|
|
presently a "UPS Pickup" sign in the window of Thomas' residence
|
|
(as there was at the;time of the San Jose police search); (c)
|
|
your Affiant has been told by UPS representatives that daily
|
|
pickups of packages are presently being made by UPS from the
|
|
|
|
18
|
|
|
|
|
|
abovesaid Thomas residence; and (d) the computer bulletin board
|
|
business telephone numbers (408-263-3393 and 408-263-1868) are
|
|
numbers assigned to the abovesaid Thomas' residence; your Affiant
|
|
believes that Robert Alan Thomas is presently conducting his
|
|
computer bulletin board business from said residence.
|
|
39. Based upon my background and experience, my undercover
|
|
correspondence with Robert Thomas, and all other conduct described
|
|
herein, I believe, with regard to 475 Tramway Drive, Milpitas,
|
|
California (said premises being more fully described in Attachment
|
|
A to this Affidavit For Search Warrant, which is incorporated by
|
|
reference as if fully set forth herein), there is now concealed on
|
|
said premises, property designed and intended for use or which is
|
|
or has been used as a means of committing a criminal offense or
|
|
that constitutes evidence of the commission of a criminal offense,
|
|
in violation of Title 18, United States Code, Section 1462, and
|
|
Section 1465.
|
|
40. The property and evidence believed to be concealed on
|
|
these premises are listed in Attachment B to this Affidavit for
|
|
Search Warrant, which is incorporated by reference as if fully set
|
|
forth herein.
|
|
41. Your Affiant requests permission to search and seize any
|
|
computer systems and magnetic media found at the scene. Your
|
|
Affiant knows from his training and experience that computer
|
|
systems commonly consist of central processing units (CPU's), hard
|
|
disks, hard disk drives, floppy disk drives, tape drives, display
|
|
screens, keyboards, printers, modems (used to communicate with
|
|
|
|
19
|
|
|
|
|
|
other computers), electronic cables, cassette tapes, floppy disks,
|
|
and other forms of magnetic media containing computer information.
|
|
(a) Your Affiant knows from his training and experience that
|
|
such computers and magnetic media are used to store information.
|
|
Your Affiant believes that, based upon the information related
|
|
above, computers and magnetic media located at the place to be
|
|
searched contain evidence pertaining to the federal criminal
|
|
violations set forth above.
|
|
(b) Your Affiant requests permission to seize computer
|
|
systems and magnetic media found at the scene without first
|
|
conducting a detailed examination of each and every hard and floppy
|
|
disk to determine if such systems and media contain the items
|
|
requested by this affidavit.
|
|
(c) It is your Affiant's intent not to take the computers if
|
|
the computers and other magnetic media can be fully accessed, and
|
|
the appropriate copies can be made to tape, in a reasonable time
|
|
period Computer users frequently collect a great deal of software
|
|
on disks or other magnetic media. Searching those media within a
|
|
reasonable amount of,time to obtain material designated for seizure
|
|
within this Affidavit could be difficult and could risk destruction
|
|
of the evidence. Your Affiant may also need to examine at another
|
|
|
|
location any computer(s) found at the scene because most hard disks
|
|
contain so much data that an on site inspection is impractical.
|
|
The examination required to determine whether the hard disk
|
|
contains the items requested by this Affidavit could take days or
|
|
even weeks. Furthermore, Thomas may y maintain too many tapes and/or
|
|
|
|
20
|
|
|
|
|
|
disks to allow a thorough search of such disks within a reasonable
|
|
time. Thomas may also have encrypted (i.e., encoded with special
|
|
software) the information on his tapes, floppy or hard disk(s).
|
|
Decrypting (decoding) such information would require expert
|
|
assistance. Again, your Affiant could not begin to locate such an
|
|
expert until after the encryption was discovered. Since there are
|
|
many types of encryption, locating an expert within a short period
|
|
of time would be very difficult, if not impossible.
|
|
42. On September 3, 1993, your Affiant, while logged on to
|
|
AABBS, downloaded the "main menu" of AABBS. This menu apparently
|
|
lists all services/materials available to members of AABBS. A copy
|
|
of the AABBS "Main Menu" and "Bulletin Menu", as it appeared on
|
|
September 3, 1993, !is attached hereto as Attachment V , and
|
|
incorporated by reference herein. Your Affiant has viewed the
|
|
abovesaid "Main Menu" and "Bulletin Menu" of AABBS as recently as
|
|
December 14, 1993, and it remains unchanged from that appearing in
|
|
Attachment V.
|
|
43. On December 14, 1993, your affiant, while logged on to -
|
|
AABBS, downloaded the text from the "Legal Issues" section, under
|
|
the "Bulletins" menu, of the AABBS' main menu. Included in said
|
|
text is a "warning to law enforcement agents!". A copy of said
|
|
legal Issues" text is attached hereto as Attachment W, and
|
|
incorporated by reference herein. Your Affiant is aware that,
|
|
Prior to becoming a member of AABBS in his undercover capacity,
|
|
each time affiant Logged on to the AABBS, the first display on the
|
|
computer screen would be the text shown in Attachment W- Included
|
|
|
|
21
|
|
|
|
|
|
in said text is a reference to Title 42, United States Code,
|
|
Section 2000aa et seq. (Privacy Act of 1980) and Title 18, United
|
|
States Code, Section 2700 et seq. (Stored Electronic Communications
|
|
Access) Additionally, the said text alleges - "The San Jose Police
|
|
Department as well as the Santa Clara County District Attorney's
|
|
Office and the State of california agree that Amateur Action BBS is
|
|
operating in a legal manner. I encourage you to check with these
|
|
officers before accusing us of any illegal activities.'< Your
|
|
Affiant believes this is in reference to the search of Thomas'
|
|
residence at 475 Tramway Dr., Milpitas, california, on January 20,
|
|
1992, by california law enforcement agents (see Paragraphs 32 and
|
|
33 of this Affidavit above), and the subsequent written agreement
|
|
which Robert Alan Thomas and Carleen Thomas entered into with the
|
|
Santa clara District Attorney's Office. Your Affiant has seen a
|
|
copy of the abovesaid written agreement.
|
|
44. Your Affiant is aware that an individual, who has become
|
|
a member of AABBS, has the capability of communicating, via
|
|
electronic mail ("E-M il"), with other members. Also an individual
|
|
member can designate any communication as "public" (may be
|
|
disclosed to any and all other members) or "private" (directed to
|
|
a specified person).. Your Affiant, through Attachment B, has
|
|
specifically limited the requested search and seizure to only those
|
|
items which directly pertain to the criminal violations alleged
|
|
within this Affidavit and for which probable cause has been
|
|
established. As Affiant has stated in Paragraph 41 above, in
|
|
order to reasonably search for and retrieve those specific items
|
|
|
|
22
|
|
|
|
|
|
listed in Attachment B, it may be necessary to temporarily
|
|
interrupt the services available to AABBS members, even to the
|
|
extent of removing the entire computer system and media storage
|
|
devices from the Thomas residence/business address. It is your
|
|
Affiant's intent, however, to execute any authorized sears and
|
|
subsequent seizure of property in such a manner as to minimize any
|
|
period of interruption of services to AABBS members.
|
|
45. It is the intent of your Affiant that any stored E-mail,
|
|
as to any individual not be read by Affiant or any other law
|
|
enforcement agent. A II law enforcement agents who participate in
|
|
any authorized search or seizure, pursuant to this Affidavit, will
|
|
be so instructed.
|
|
46. Your Affiant is aware that there is a category on the
|
|
main menu styled "Newsletter". However, at various times
|
|
throughout the period of this investigation, your Affiant has
|
|
accessed the "Newsletter" menu to determine what type of
|
|
information, if any, is stored under this heading. Your Affiant
|
|
has consistently found that no newsletter is available, according
|
|
to the response on the screen.
|
|
47. Your Affiant believes that the federal criminal statutes
|
|
referred to within,this have been, and are presently
|
|
being violated. Because of the very nature of many of the items
|
|
sought to be searched for and seized as potential evidence in this
|
|
matter, specifically' with regard to the speed and ease in which
|
|
they might be destroyed, conceal e , or altered, your Affiant
|
|
contends that there is reason to believe that the giving of advance
|
|
|
|
23
|
|
|
|
|
|
notice to the Thomas', by way of subpoena or otherwise, would
|
|
result in such destruction, alteration, or concealment and thereby
|
|
jeopardize the success of any authorized search.
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|
48, For the reasons and the circumstances set forth herein,
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|
it is your Affiant' belief that evidence of the violation of
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|
federal criminal statutes, specifically, Title 18, United States
|
|
Code, Sections 1462 nd 1465, is being kept and concealed at 475
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|
Tramway Drive, Milpitas, California.
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|
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|
4g, Title 18, United States Code, Section 1462 reads, In
|
|
pertinent part, as follows:
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|
Section 1462. Importation or transportation of obscene matters
|
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|
Whoever . . . knowingly uses any express company or
|
|
other common carrier, for carriage in interstate or
|
|
foreign commerce -
|
|
|
|
(a) any obscene . . . book, pamphlet, picture, motion-
|
|
picture film, paper, letter, writing, print, or other
|
|
'matter . . .; or
|
|
|
|
(b) any obscene . . . phonograph recording, electrical
|
|
transcription, or other article or thing capable of
|
|
producing sound; or -
|
|
|
|
Whoever knowingly takes from such express company or
|
|
other common carrier any matter or thing the carriage of
|
|
which is herein made unlawful -
|
|
|
|
Shall be fined not more than $5,000 or imprisoned
|
|
not more than five years, or both, for the first such
|
|
offense and shall be fined not more than $10,000 or
|
|
imprisoned not more than ten years, or both, for each
|
|
such offense thereafter.
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|
24
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|
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|
50. Title 18, United States Code, Section 1465 reads, in
|
|
pertinent part, as follows:
|
|
|
|
Section 1465. Transportation of obscene matters for sale or
|
|
distribution
|
|
|
|
Whoever knowingly transports in interstate or
|
|
foreign commerce for the purpose of sale or distribution,
|
|
or knowingly travels in interstate commerce, or uses a
|
|
facility or means of interstate commerce for the purpose
|
|
of transporting obscene material in interstate or foreign
|
|
commerce, any obscene . . . book, pamphlet, Picture>
|
|
film, paper, letter, writing, print, silhouette, drawing,
|
|
figure, image, cast, phonograph recording, electrical
|
|
transcription or other article capable of producing sound
|
|
or any other matter . . ., shall be fined not more than
|
|
$5,000 or imprisoned not more than five years, or both.
|
|
|
|
|
|
51. Your Affiant believes that each of the video cassette
|
|
tapes and each of the computer-generated images, referred to as
|
|
Graphics Interchange Format (GIF) files, which are described in
|
|
this Affidavit and attached to this Affidavit as Attachments C
|
|
through U, are obscene, as that term has been defined by the United
|
|
States Supreme Court in the case of Miller v. California, 413 U.S.
|
|
15 (1973). Your Affiant believes that said material is obscene
|
|
regardless of the community whose contemporary standards are
|
|
applied.
|
|
|
|
(a) As noted above, in establishing the probable cause upon
|
|
which this search warrant is based, your Affiant has referred to
|
|
the Constitutional legal definition of obscenity as defined by the
|
|
United States Supreme Court in the case of Miller v. California.
|
|
413 U.S. 15 (1973): In said case, the United States Supreme Court
|
|
set forth a tri-partite test for the determination of obscenity:
|
|
|
|
25
|
|
|
|
|
|
a. Whether the average person, applying
|
|
contemporary community standards, would find
|
|
that the work, taken as a whole, appeals to
|
|
the prurient interest.
|
|
|
|
b. Whether the work depicts or describes in
|
|
a patently offensive way, sexual conduct,
|
|
which may be specifically defined by
|
|
applicable state law and which may include but
|
|
not be limited to:
|
|
|
|
1, Patently offensive representations or
|
|
descriptions of ultimate sexual acts, normal
|
|
or perverted, actual or simulated.
|
|
|
|
2. Patently offensive representations or
|
|
descriptions of masturbation, excretory
|
|
functions and lewd exhibition of the genitals.
|
|
|
|
c. Whether the work taken as a whole lacks
|
|
serious artistic, political, literary, or
|
|
Scientific,value.
|
|
|
|
|
|
52. In accordance with United States v. Levinson, 991 F.2d
|
|
508 (9th cir. 1993), prongs (a) and (b) may be considered by
|
|
applying contemporary community standards of the Western District
|
|
of Tennessee (the district in which the video cassette tapes and
|
|
computer images (GlF's) were received) or the Northern District of
|
|
california (the district in which the video cassette tapes and
|
|
computer images (GlF's) originated)"' Prong (c) Is to be considered
|
|
by applying the reasonable person test, as set forth in Pope v.x
|
|
Illinois, 481 U.S. , 95 L.ed.2d 439 (1987).
|
|
|
|
26
|
|
|
|
|
|
53. In consideration of the foregoing, your Affiant
|
|
respectfully requests that this Court issue a search Warrant for
|
|
the subject premises as described in Attachment A and for property
|
|
specified in Attachment B, which are both attached to this
|
|
Affidavit For Search Warrant and incorporated herein for all
|
|
purposes.
|
|
|
|
|
|
|
|
|
|
|
|
DAVID H. DIRMEYER - Affiant
|
|
United State Postal Inspector
|
|
|
|
|
|
|
|
SWORN TO AND SUBSCRIBED BEFORE ME THIS 6TH DAY OF JANUARY
|
|
|
|
|
|
|
|
|
|
WAYNE D. BRAZIL
|
|
UNITED STATES MAGISTRATE-JUDGE
|
|
NORTHERN DISTRICT OF CALIFORNIA
|
|
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------------------------------
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End of Computer Underground Digest #6.33
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************************************
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