To expand on the instructions on Canvas, Part A, labeled SEARCH WARRANT (page 1 of the search warrant), identifies the particularities of what is to be searched, where it is currently located, and what times are to be seized. It WILL be signed by the judge (myself for this assignment). Page 2, labeled APPLICATION FOR SEARCH WARRANT (Part B), is the application component that, similar to Part A, identifies exactly what is to be searched, where it is currently located, and what items are to be seized. Part B expands on A by listing the facts supporting the probable cause for the search warrant application. The facts will come from the affidavit attached to the assignment on Canvas. Use only the relevant information from the affidavit to support your facts for probable cause (Part B). Draft your application for a search warrant, fulfilling the Fourth Amendment requirements. Finally, complete the warrant return labeled RETURN by identifying what and when items were seized in your return (Part C). 

 

This is the scenario:

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1 IN THE DISTRICT COURT OF CRAWFORD COUNTY, KANSAS PROBABLE CAUSE AFFIDAVIT Case #202000006361 STATE OF KANSAS, COUNTY OF CRAWFORD I, Christopher Bakke, MSCJ, CFE., a deputy sheriff with the Crawford County Sheriff's Office, being of lawful age and first duly sworn on oath, say: 1. The following offense(s) has been committed: 21-5412 (d)(1) Aggravated assault of a law enforcement officer 21-5813 (a)(1)(C3) Criminal damage to property 08-1568 (b)(1)(e) Fleeing or attempting to elude a police officer 08-1566 Reckless driving 08-1569 Improper stop, stand, or parking on the roadway 08-1528 Failure to stop at stop sign x 5 08-1558 Speed x 3 08-1548 Failure to signal x 2 08-1514 Driving on left side of the road 2. The following person(s) are alleged to have committed said offense(s): Name: Thompson, Thomas, John, A., DOB: 7/5/2000, W/M, Height: 600, Weight: 180, Hair: Blonde, Eyes: Blue, Address: Homeless 3. The following person(s) are alleged victims or witnesses: Victim: State of Kansas Witness and Victim: Bakke, Christopher C., DOB:, W/M, Height: 602, Weight: 210, Hair: Brown, Eyes: Brown, Address: 225 E. Enterprise Dr. Girard, KS. 66743 (victim of Agg. Assault on LEO) This affidavit is based on the following facts: On 9/13/2020 at approximately 0643 hours, I, Deputy Bakke with the Crawford County Sheriff's Office, was on patrol in the area of 1000 block E 570th Ave. Pittsburg, KS. 66762, when observed a silver in color 2013 Chevrolet Silverado bearing Kansas license plate 123 ABC (VIN# 1A2BC34D56E789101) stopped in the middle of the roadway and on a sharp curve. The

2 driver of the vehicle, a subject who was later identified as Tommy Thompson (W/M. 7/5/2000), quickly got back inside the driver seat of the vehicle and began driving away in what appeared to be a hurry, as the vehicle quickly accelerated westbound E. 570th Ave. I initiated a traffic stop south of the intersection of S. 250th St and E. 570th Ave. for parking the vehicle in the roadway. While I was activating my emergency equipment, The Chevrolet Silverado increased in speed. After activating my emergency lights, I observed the Silverado, driven by Thompson, continue to increase its speed. Thompson then entered the intersection of S. 250th Ave and E. 560th Ave while failing to stop at the stop sign. Thompson then struck the guard railing located on the south side of the intersection of S. 250th Ave and E. 560th Ave before backing up and then continuing eastbound on E 560th Ave. Thompson then failed to stop at the stop sign located at the intersection of E. 560th Ave and S. 260th St. before turning southbound onto S. 260th St. Thompson then increased speeds above 80 miles per hour. While driving southbound on S. 260th St., I observed random items being thrown from the passenger side of the vehicle, including a Confederate flag, a blue-in-color file folder, and a bottle similar to a Nestle Quick brand chocolate milk. I then observed the front passenger door open, and an unknown subject, who was later identified as Jerry Cooper (W/M, 5/12/1985), partially exposed the right side of his body. I believed Cooper was preparing or attempting to jump out of the moving vehicle. Thompson then turned eastbound onto E. 530th Ave with the passenger door still open. The vehicle then turned north onto S. 270th St. with speeds above the posted 55 MPH speed limit. While nearing the intersection of S. 270th St. and K126 HWY, I was advised by dispatch to back off because Sgt. Beckham was attempting to lay stop-sticks at the approaching intersection. Thompson used an evasive maneuver to avoid the stop sticks placed at the intersection of S. 270th St. and K126 HWY and began traveling westbound on K126 HWY. While in the approximate 2500 block of K126 HWY (E. 4th St.), the vehicle slowed to approximately 30 MPH while Cooper jumped out of the moving vehicle, rolling to a stop before fleeing on foot, northbound on the east side of a white in color single family residence located at 2709 E. 4th St. Pittsburg KS. 66762, with a large breed, white in color dog chasing the fleeing subject. After losing the front-right passenger, Thompson then increased her speed before approaching the intersection of E. 4th St. and N. Free Kings HWY, Pittsburg, KS. 66762. At the intersection and blocking the roadway was Deputy Swartz. Thompson turned northbound into the ditch at the northeast corner of E. 4th St. and N. Free Kings HWY and drove northbound in the east side ditch of N. Free Kings HWY and alongside Deputy Swartz's patrol vehicle until entering the driveway of 504 N Free Kings HWY and stopping. I exited my patrol vehicle and gave commands to Thompson at gunpoint to stop the vehicle and exit the vehicle. Thompson disregarded the commands and drove southbound through the east side ditch of N. Free Kings HWY, nearly striking me with the Chevrolet Silverado, and spraying gravel, dirt, and mud on me while passing and forcing me to dive out of the way. Thompson then continued driving south in the northbound lane on N. Free Kings HWY until passing through the intersection of E. 4th St. and N. Free Kings HWY, while failing to stop at a stop sign, then crashed the vehicle into a tree located at 2304 E. 4th St. Pittsburg, KS. 66762. Thompson then attempted to flee the scene of an

3 accident before striking Sgt. Beckham's patrol vehicle with Sgt. Beckham inside the vehicle, head-on with the Chevrolet Silverado. Damage to Sgt. Beckham's patrol vehicle is approximately $2000. The Silverado came to a stop at 2304 E. 4th St., Pittsburg, KS. 66762, Thompson and an unknown rear driver-side passenger who was later identified as Manny Cashless (W/M, 2/14/2000) were placed into custody. Cashless was later released. Deputy Swartz and Sgt Beckham then went to 2709 E. 4th St., Pittsburg, KS. 66762 in search of Cooper. While being escorted to the back of the Pittsburg Police Department patrol vehicle, Thompson stated Cooper was in possession of a black in color, pistol (unknown model) but was unsure if Cooper had the pistol with him or left the pistol in the vehicle. Due to the immediate risk to officer safety and the safety of the public, I conducted an emergency search of the vehicle in search of any pistol of any size or caliber. No pistol was discovered in the vehicle, nor did I recall observing a handgun-like object being thrown from the vehicle during the pursuit. I advised dispatch that Cooper was possibly armed with a handgun. Thompson was later transported to the Crawford County Jail. The Chevrolet Silverado was later towed by Barrett's Towing to the Crawford County Sheriff's Office vehicle impound lot located at 225 N. Enterprise Dr. Girard, KS. 66743. Photos and video footage from my body camera were later uploaded into the case file. Cooper was later apprehended by the Crawford County Sheriff's Office with the assistance of neighboring agencies after multiple 911 calls to the Crawford County Sheriff's Office stating their Ring doorbell video footage showed a subject matching the description of Cooper forcibly entering their residence without permission. Cooper forcibly entered three known residences some of which were occupied by the residents, stealing and attempting to steal items, including bicycles, a 4-wheeler, and a backpack containing a computer, before hiding under the crawlspace of a fourth residence. The homeowner of the final residence contacted Crawford County 911 services and reported Cooper hiding underneath the house. Cooper was apprehended by law enforcement shortly after. During a search of Cooper, a handgun was not located; however, methamphetamines and drug paraphernalia associated with the consumption and use of methamphetamines were located, as well as 12 individual 9mm bullets. Cooper denied possessing any firearm and stated the bullets were not his. I sign this Affidavit knowing I am sworn to tell the truth and declare to the best of my knowledge that the facts as set out above are true and accurate. ___________________________________ Affiant SUBSCRIBED AND SWORN to before me this _____day of _____________________,20__. ___________________________________ Notary Public

This is the template that needs to be filled out correctly:

THE 11^th JUDICIAL DISTRICT OF CRAWFORD COUNTY, KANSAS

IN RE: SEARCH WARRANT FOR:A search for evidence of theft and burglary.

SEARCH WARRANT

State of Kansas, Crawford County, ss:

THE STATE OF KANSAS TO:Deputy Chris Bakke, or any peace officer of the State of Kansas.

Having evidence under oath before me from which I find there is probable cause to believe that an offense against the laws of the State of Kansas has been committed and that certain contraband, fruits, instrumentalities, and evidence of such offense, towit:

1. Signs of stolen items relating to the theft of property

2. Tools used for burglary from forcibly entering three known residences

are located in or upon the above-described persons, places, things, or means of conveyance;

YOU ARE THEREFORE COMMANDED forthwith and within the time provided by law to search the herein-described person, place, thing, or means of conveyance for the within-described items, seizing and holding them to be dealt with according to the law, and make due return of this warrant.

Issued this25th day ofFebruary, 2024, at11 o'clock47.m.

____________________________

Judge of the District Court

THE 11^th JUDICIAL DISTRICT OF CRAWFORD COUNTY, KANSAS

IN RE: SEARCH WARRANT FOR:A search for evidence of theft and burglary.

APPLICATION FOR SEARCH WARRANT

State of Kansas, Crawford County, ss:

DeputyChris Bakke,of lawful age, after first being duly sworn on oath, on information and belief, states:

Affiant has probable cause to believe and does believe that an offense against the laws of the State of Kansas has been committed and that certain contraband, fruits, instrumentalities, and evidence of such offense, towit:

1. Signs of stolen items relating to the theft of property

2. Tools used for burglary from forcibly entering three known residences

are located in or upon the above-described person, place, thing, or means of conveyance.

Facts

Based on the above information, Affiant believes there is sufficient probable cause to believe that the following crime(s) have been committed:

K.S.A. 21-5807(a2)(c1)(A2) Burglary of Non Dwelling to Commit Theft

K.S.A. 21-5801(a)(1)(b4) Theft of Property <$1500

WHEREFORE, Affiant prays that a search warrant be issued, according to law, to search for, apprehend, and seize the above-described items, if any there be, holding them to be dealt with according to law.

FURTHER AFFIANT SAITH NOT.

________________________________

Deputy Chris Bakke, MSCJ, CFE.

Crawford County Sheriff's Office

SUBSCRIBED AND SWORN to before me this ___ day of _______, 2020.

________________________________

Return

I, the undersigned, received this warrant onthe ...day of ..., 2024, at ....M., and have executed it as follows:

1. Onthe ...day of ..., 2024, at ....M., I conducted a search of the person, place, thing, or means of conveyance described in the warrant. Officers present and participating in this search are identified as follows:

2. I seized the following items of property:

Item seized

Item seized

3. A copy of this warrant, with a signed copy of this return listing said property seized and held, was by me:

____left with the owner as his/her receipt, particularly describing each article seized and held.

____left at the place of the search and seizure, there being no person available with whom to leave it.

_X__left with evidence in custody of the Crawford County Sheriff's Office.

4. The search was completed at....M. on this ... day of ... 2024.

Returned on this... day of ... 2024, by DeputyChris Bakke.

_____________________________

Deputy Chris Bakke, MSCJ, CFE.

Crawford County Sheriff's Office

Subscribed and sworn to, and returned before me this ______ day of ___________, 2024.

_____________________________

Notary Public

Please help me fill out the template with correct and accurate information from the scenario.