IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT

IN AND FOR COUNTY, FLORIDA

STATE OF FLORIDA,

Plaintiff	AGENCY CR #:

-vs-	APPLICATION AND AFFIDAVIT

FOR SEARCH WARRANT

,

Defendant(s).

_____________________________/

BEFORE ME, the undersigned Judge, State of Florida, came this sworn application and affidavit by , a law enforcement officer employed by the , who was first duly Sworn, deposes and says that has reason to believe the laws of the State of Florida have been violated and are now being violated and there is now being kept in or on the below-described cellular phone, certain evidence, fruits, or instrumentalities of that crime to be found in or on the following described phone located in County, Florida:

SAID cellular phone being located in the County of , State of Florida, in the control of the , and being the property of and having within said cellular phone, the following INFORMATION to be seized:

ALL OF WHICH are being kept and/or used and/or obtained in and/or is evidence of a felony violation of the laws of the State of Florida, to-wit:

THE BASIS for Your Affiant's belief is:

Your Affiant,

Through training and experience, YA knows that cell phones can contain a substantial amount of information relevant to the investigation of a case. Criminals often use cellular phones to communicate with accomplices and will sometimes store accomplices’ contact information in address books, speed dial lists or in other areas of the phone. These communications can occur through typical telephone calls or through instant messaging or text messages. To the extent that criminals use services such as instant messaging or text messages, these messages can sometimes be found on the cellular phone itself. Criminals also use cellular phones to document criminal activities both by photographs, videos as well as digital memos. Your affiant knows that these images and memos are also stored on the handset itself. Also information can be located on the SIM (Subscriber Identity Module) which is a smart card located in the phone which also contains network information. Removable memories are also sometimes located in a cellular handset that allows the user to store vast amounts of electronic data.

Your affiant knows that devices such as these phones can store a large number of phone numbers and call history and some mobile phones can also contain contact information and calendar information and can be linked, either by wire or wireless, with computers. Camera phones can contain images. This information can be valuable evidence in determining other participants in a criminal enterprise.

Your affiant knows that those involved in criminal enterprises sometimes use multiple phones to separate contacts with different participants or to attempt to avoid detection and monitoring by law enforcement. They also sometimes possess multiple phones to have a backup means of communication in case a phone is lost or seized by law enforcement. Likewise, your affiant knows that images in a camera can contain evidence of where a subject has been and with whom the subject has associated.

YA knows from training and experience that individuals use telephones, specifically cellular telephones, to communicate and arrange meetings, provide directions, and forward information related to the planning and committing of criminal acts, and that the cell phone will be carried by a person committing a criminal act. YA further knows from training and experience that cell phones regularly contain location information, including the location where a communication is made or a photograph is taken.

BASED ON THE FOREGOING, YA has reason to believe and does believe that the cellular phone in question has contained in the past, and does contain now, certain instrumentalities and contraband which constitute a violation of the laws of the State of Florida, or certain evidence which constitutes proof of a violation of the laws of the State of Florida, and based upon the foregoing requests issuance of a search warrant for the above-described premises to allow seizure of the above-described items.

ALL OF WHICH WHEREFORE, YA prays that a search warrant be issued according to law, commanding the Sheriff and/or duly constituted Deputy Sheriffs of County, Florida, and/or Detectives and/or Law enforcement officers of the , and/or Special Agents of the Florida Department of Law Enforcement, and/or Special Agents of the United States Drug Enforcement Administration, and/or Special Agents of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives, and/or any of their duly constituted Agents, with necessary and proper assistance, to search the above-described cell phone for the above-described information, and for the seizure and safekeeping thereof, and for authorization to search all of the said items seized, either in the daytime or night-time, or on Sunday, as the exigencies of the occasion may demand, in order that the evidence may be procured to be used in the prosecution of such person or persons unlawfully possessing or using the same in violation of the laws of the State of Florida.

______________________________

,

Affiant

SWORN TO AND SUBSCRIBED before me this __ day of , .

_______________________________

Notary or Assistant State Attorney

The above Application for Search Warrant coming on to be heard and having examined the application made under oath and the above sworn affidavit set forth and other facts and thereupon being satisfied that there is probable cause to believe that the grounds set forth in said Application and the facts do exist and that the law is being violated, I so find, and a search warrant is hereby allowed and issued.

______________________________

CIRCUIT JUDGE

S.A.review:	______________________

ATTORNEY NAME, Assistant State Attorney

IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT

IN AND FOR COUNTY, FLORIDA

STATE OF FLORIDA,

Plaintiff

-vs-	AGENCY CR #:

,	SEARCH WARRANT

Defendant.

____________________________________________

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA,

TO: ALL AND SINGULAR THE SHERIFF AND/OR DULY CONSTITUTED DEPUTY SHERIFFS OF COUNTY, FLORIDA, AND/OR DETECTIVES AND/OR LAW ENFORCEMENT OFFICERS OF THE , , THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT, AND/OR SPECIAL AGENTS OF THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION, AND/OR ANY OF THEIR DULY CONSTITUTED AGENTS,

WHEREAS, complaint on oath and in writing, supported by affidavit has been made to me, the undersigned Judge of County, Florida, by , a law enforcement officer employed by the , who was first duly Sworn, deposes and says that has reason to believe the laws of the State of Florida have been violated and are now being violated and there is now being kept in or on the below-described premises and/or the curtilage of the same certain evidence, fruits, or instrumentalities of that crime to be found in or on the following described premises located in County, Florida:

SAID cellular telephone being located in the County of , State of Florida, in the control of the , and being the property of , and Affiant having stated probable cause to believe that the following described information is upon/within said cellular telephone, the following are to be seized:

ALL OF WHICH are being kept and/or used and/or obtained in and/or is evidence of a felony violation of the laws of the State of Florida, to-wit:

NOW THEREFORE, you or either of you, and officers with the above agencies, with such lawful assistance as may be necessary, are hereby commanded, in the daytime or in the nighttime, or on Sunday, or as the exigencies of the occasion may demand, to enter the said cellular phone(s), and then and there to search diligently for said information described in this warrant, and if the same or any part thereof be found on said cellular phone, you are hereby authorized to seize, search, and secure the same, and to conduct a further search, on-site and/or off-site, of the phone or information collected from the phone, and to make return of your doings under this warrant to a court with jurisdiction within ten days from the date hereof, and you are likewise commanded in the event you seize or take property or materials mentioned in the warrant to safely keep the same until otherwise ordered by a court having jurisdiction thereof, and that you give proper receipt for said property and deliver a copy of this warrant to the person from whom taken or those in whose possession it is found or in the absence of any such person to leave said copy in the place where said property or material is found, and you are further directed to bring said property so found and any person arrested in connection therewith before the court having jurisdiction of this offense to be disposed of according to law.

WITNESS MY HAND and official seal on this __ day of , .

_______________________________

CIRCUIT JUDGE