Evidence Three
UNITED STATES v. PETER GRIFFIN 123-45-6789
FALSIFIED REPORT
I, Elissa M. Owens, being duly sworn, depose and say:
1. Your affiant is Special Agent Elissa M. Owens, United States Naval Criminal Investigative Service (NCIS). I have been so employed for 2 years, and am presently assigned to the NCIS Northeast Field Office, Newport, RI. As an NCIS Special Agent, I have specialized in the investigation of felony theft (larceny) crimes involving the US Department of the Navy (US Navy and Marine Corps). In addition, I received training at NCIS Basic Agent Training at the Federal Law Enforcement Training Center, Glynco, GA, where I received in-depth training including Federal, State and Military law, criminal codes, professional testimony, operational planning, and firearms usage. I then received specialized training in the investigation of felony larceny and embezzlement. During the course of an investigation, I utilize all potentially productive investigative resources including interaction/liaison with law enforcement officials, interviews of victims and witnesses, the conduct of suspect criminal history records reviews, and determination of suspect residence and work addresses. During my 2-year period of NCIS employment, I have conducted numerous official criminal investigations in multiple jurisdictions, ranging in severity of offense, and level of punishment of offender. I have prepared affidavits for and executed ten (10) search warrants authorized by State and Federal Courts, each resulting in the seizure of evidence corroborating a felony crime.
2. My NCIS partner in this investigation is Special Agent James Bond. SA Bond has been employed as an NCIS Special Agent for approximately 5 years. For the past 3 years, he has focused on the forensic utilization of digital video surveillance equipment. SA Bond holds a Masters of Science (MS) degree in Security Informatics from John Hopkins University Information Security Institute (JHUISI) located in Baltimore, Maryland. Additionally, SA Bond earned Certification in Information Security Fundamentals, and Law and Policy of Information Assurance. During the past 3 years of video surveillance analysis specialization, SA Bond has conducted hundreds of media analysis examinations as part of criminal investigations. Since 2007, SA Bond has received an annual average of 70 hours of formal professional training in the utilization of digital video surveillance equipment.
3. From my training and from interviews of offenders, I am aware that some offenders will retain stolen property with no intention to make
personal use of that (stolen) object, but for re-sale (and possible use of monies gained in another criminal transaction) or to fulfill a psychological
need. In the latter case, the desire to gain control of another’s possessions acts as a mental stimulant. In cases of high value theft resulting in the
loss of $5000.00 or more, the offender’s satisfaction of success often fulfills those desires.
TERMINOLOGY
4. The following terms have the indicated meaning in this affidavit:
A. The terms "felony", as used herein, is defined as the any offense for which the punishment exceeds one (1) year incarceration.
B. The term "larceny" as used herein, is defined as unlawfully taking (by whatever means) the property of another person with the
intent to temporarily or permanently deprive that person of his or her property.
CASE - FACTUAL INFORMATION
5. On 27NOV09, your affiant received a telephonic complaint from MAJ John SMITH, United States Marine Corps (USMC), a student at the US Naval War College, Newport, RI. SMITH stated that on 27NOV09 at approximately 1915, he was running near the Naval Station Newport RI Fitness Center. As he jogged by the front entrance of the center, he noticed a person moving in a dark corner of the Fitness Center parking lot near a 2002 silver Nissan Altima, New York license plate “ABC 1234”. Upon more detailed examination, SMITH reported witnessing a Caucasian male, approximately 5’ 9”, 185 pounds, wearing blue, denim jeans torn above the right knee and a black, hooded sweatshirt with a “SUNY ALBANY” logo on the front, who was carrying a black duffle bag. The male (suspect) broke the left rear window of the Silver Nissan Altima with his right elbow. SMITH reported that the man reached into the vehicle, manually unlocked the door from the inside, and reached into the back seat area. SMITH saw the suspect retrieve several objects from the inside of the car and place them in his black duffle bag. Once inside the vehicle, the suspect opened a black duffle bag that he had been carrying. The suspect reached into two seat pockets and under the seats, and opened the center console, and the glove compartment in front of the passenger’s seat in the front of the vehicle. As SMITH walked cautiously toward the vehicle, he observed the suspect placing CDs, a “Nano” iPod device, a wallet, a GPS, a “Macbook” laptop computer and a red t-shirt. When very close to the car, the suspect saw SMITH, hit him in the face with his left hand, and ran away carrying the black duffle bag filled with the items from the vehicle. SMITH was positively identified the suspect as ENS Peter GRIFFIN, USN (“S/GRIFFIN”), a fellow student at the US Naval War College, Newport, RI.
6. On 28NOV09 at 0800, SA Bond and I conducted a follow-up interview with SMITH. SMITH provided no additional pertinent information other than the name of S/GRIFFIN’s Commanding Officer, CAPT Charlie BROWN, US Naval War College.
7. On 28NOV09, CAPT BROWN (supra) was interviewed and stated S/GRIFFIN did not need to report to duty that day and advised S/GRIFFIN would likely be in his assigned barracks room, Building 317, Room 143.
8. On 28NOV09 at approximately 1400, I knocked on the door of Room 143, Bldg 317, and loudly identified myself as Special Agent Elissa Owens of the Naval Criminal Investigative Service. A Caucasian male identifying himself as S/GRIFFIN opened the door approximately two inches, but did not invite me to enter any further. From my position, I observed a black duffle bag on a wooden table in the corner of his bedroom located in front of the window. I could not see any clothing as described by SMITH. S/GRIFFIN denied being in the parking lot of the Naval Station Fitness Center on 27NOV09 between 1900 and 2000 and stated that he had no knowledge of any vehicle break-ins or thefts. S/GRIFFIN refused to speak with me further, and closed the door. It should be noted that at Naval Station Newport, each building is uniquely identified by number (a large blue sign with gold numbering positioned on the front of the building), and there is no other building on the Naval Station base displaying the number 317.
9. On 28NOV09, I requested the video surveillance of the Naval Station Fitness Center parking lot provided by Mr. Bob TOPSOIL, Manager, Fitness Center. SA Bond took the video into his possession for analysis. Through digital editing, and pixel clarification, SA Bond clarified a head and shoulders image of a white male breaking the window and entering the Nissan Altima. I reviewed that clarified image, and identified that individual male as the same person I spoke to at the doorway of Room 143, Building 317, NAVSTA Newport, RI approximately one hour earlier, previously identified as S/GRIFFIN.
10. Based on the foregoing, your affiant submits there is probable cause to believe that the offense of Larceny has been committed, and that the attached (See Attachment 3) “Items to be Seized”, items of evidence requested to be searched for and seized, will be found in the following places to be searched (See Attachment 2):
(A) The person of ENS Peter Griffin USN, DOB: 3/17/1987, SSN: 123-45-6789, a Caucasian male, approximately 5’ 9”, 185 pounds,
brown hair and brown eyes, and,
(B) Building 317, Room 143, Naval Station, Newport, RI.
I HAVE READ THE ABOVE AFFIDAVIT, AND IT IS TRUE AND CORRECT.
Elissa M. Owens
Elissa M. Owens, Special Agent
U.S. Naval Criminal Investigative Service (NCIS)
Newport, RI
Subscribed and sworn to before me this 30th day of November, 2009.
Quincy J. Magoo
QUINCY J. MAGOO, Captain, US Navy
Commanding Officer, Naval Station, Newport, RI
________________________________________________________________________________________________________________________
UNITED STATES v PETER GRIFFIN, 123-45-6789
ATTACHMENT 2
PLACES TO BE SEARCHED
(A) The person of ENS Peter Griffin USN, DOB: March 17,1987, SSN: 123-45-6789, a Caucasian male approximately 5’ 9”, 185 pounds, brown hair
and brown eyes.
(B) Building 317, Room 143, Naval Station, Newport, RI.
________________________________________________________________________________________________________________________
UNITED STATES v PETER GRIFFIN, 123-45-6789
ATTACHMENT 3
ITEMS TO BE SEIZED
a. Any article(s) of clothing described as blue, denim jeans torn above the right knee and/or a black hooded sweatshirt with a “SUNY ALBANY” logo on the front.
b. Material relating to alleged breaking and entering and theft of vehicle New York Registration “ABC 1234,” a silver 2002 Nissan Altima, including any correspondence discovered in any media to include Facebook, Myspace, America Online Instant Messenger (AIM), or text messages,
c. Correspondence in any form pertaining to the possession, receipt, and/or distribution of suspect stolen items from New York Registration “ABC 1234,” a silver 2002 Nissan Altima.
d. Material relating to larceny, to include books, magazines, manuals, articles, guides, videos, or images.
e. Records in whatever form identifying ENS Peter Griffin USN as the assigned and sole occupant of Room 143, Building 317, Naval Station, Newport, RI.
f. CDs (NFI), a “Nano” iPod device, a wallet, a GPS, a “Macbook” laptop computer and a red t-shirt (NFI), and one black duffel bag.
g. Any personal laptop or desktop computer or any other hand-held digital media device, to include cellular phones, PDA’s, I-Pad, capable of
storing Items b-e (above) in digital form.
________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________Search Authorization
Command Authorization for Search and Seizure
UNITED
STATES OF AMERICA VS. PETER GRIFFIN
TO: Quincy J. Magoo, Captain, US Navy, Commanding Officer, Naval Station, Newport, RI
Affidavit having been made before me by Elissa M. Owens, Special Agent, U.S. Naval Criminal Investigative Service
That there is reason to believe that on the person of and/or on the premises known as: the person of ENS Peter Griffin USN, DOB: 3/17/1987, SSN: 123-45-6789, a Caucasian male, approximately 5’ 9”, 185 pounds, brown hair and brown eyes, and, Building 317, Room 143, Naval Station, Newport, RI, which are under my jurisdiction, there is now being concealed certain property, namely:
a. Any article(s) of clothing described as blue, denim jeans torn above the right knee and/or a black hooded sweatshirt with a “SUNY ALBANY” logo on the front.
b. Material relating to alleged breaking and entering and theft of vehicle New York Registration “ABC 1234,” a silver 2002 Nissan Altima, including any correspondence discovered in any media to include Facebook, Myspace, America Online Instant Messenger (AIM), or text messages
c. Correspondence in any form pertaining to the possession, receipt, and/or distribution of suspect stolen items from New York Registration “ABC 1234,” a silver 2002 Nissan Altima.
d. Material relating to larceny, to include books, magazines, manuals, articles, guides, videos, or images.
e. Records in whatever form identifying ENS Peter Griffin USN as the assigned and sole occupant of Room 143, Building 317, Naval Station, Newport, RI.
f. CDs (NFI), a “Nano” iPod device, a wallet, a GPS, a “Macbook” laptop computer and a red t-shirt (NFI), and one black duffel bag.
g. Any personal laptop or desktop computer or any other hand-held digital media device, to include cellular phones, PDA’s, I-Pad, capable of storing Items b-e (above)
in digital form.
I am satisfied that there is probable cause to believe that the property so described is being concealed on the person and/or premises above described and that grounds for application for issuance of a command authorized search exist as stated in the supporting affidavit.
YOU ARE HEREBYAUTHORIZED TO SEARCH the person and/or place named for the property specified and if the property is found there to seize it, leaving a copy of this authorization and receipt for the property taken. You will provide a signed receipt to this command, containing a full description of every item seized.
Any assistance desired in conducting this search will be furnished by this command.
Dated this 30th day November, 2009.
Quincy J. Magoo
Captain, US Navy
Commanding Officer, Naval Station, Newport, RI
