Arrest and Search Affadavit re: Recent Arrests
Following is a Word format copy of a publicly available arrest and search affadavit from FBI Special Agent John L. Ferreira. Its dissemination is meant to inform and educate, not to cause further speculation. This document is public record and may be disseminated widely.
AO 442 (Rev. 12/85) Warrant for Arrest
United States District Court
District of Oregon
UNITED STATES OF AMERICA
OVERAKER, aka LISA
RACHELLE QUlNTANA and/or
WARRANT FOR ARREST
CASE NUMBER 04-2028
To: The United States Marshal and any Authorized United States Officer
YOU ARE HEREBY COMMANDED TO ARREST JOSEPHINE OVERAKER, aka LISA RACHELE QUINTANA, and/or MARlA QUlNTANA and bring her forthwith to the nearest magistrate to answer a(n)
Indictment, Information, X Complaint, Order of court, Violation Notice, Probation Violation Petition
charging her with identify theft, in violation of Title 18 United States Code, Section 1028(a)(7).
Name of Issuing Officer: Thomas M. Coffin
Title of Issuing Officer: United States Magistrate Judge
Date and Location: Eugene, Oregon
Bait fixed at "detention"
Name of Judicial Officer: by Thomas M. Coffin
This warrant was received and executed with the arrest of the above-named defendant at
Date of Arrest
Name and Title of Arresting Officer Signature of Arresting Officer
AFFIDAVIT FOR SEARCH WARRANTS
I, John L. Ferreira, being first duly sworn, depose and say:
1. I am a special Agent with the Federal Bureau of Investigation ("FBI") and have been so employed since September 1978. For the past ten years, I have been assigned to the Eugene Resident Agency of the ("FBI") working numerous federal violations to include domestic terrorism matters, more specifically arson, and destruction of property claimed by the Animal Liberation Front (ALF) and the Earth Liberation Front (ELF).
2. The information set forth in this affidavit includes facts gathered by myself, and information provided to me by other federal and state law enforcement officers. Unless I indicate otherwise, statements that I attribute to various persons are set forth in substance only.
3. This affidavit is being submitted for the purpose of obtaining four separate search warrants and a seizure warrant in connection with the continuing investigation of a number of arsons committed in the Northwest by persons associated with the ALF/ELF movement. Three of these arsons are more specifically described in paragraph 4 below. Because this affidavit is presented solely to establish the probable cause necessary to justify the issuance of these warrants, it does not necessarily
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Include all of the information known to me about the matters presented in the affidavit. Authority is being sought to search the following premises: the residences of Stanislas Meyerhoff, 414 Four Seasons Drive, Charlottesville, Virginia; Kevin Tubbs, 520 South 71st Street, Springfield, Oregon; Daniel McGowan, 510 East 13th Street, Apartment 14, New York, New York; and the residence and business of William C. Rodgers, 109 N-A McCormick Street, Prescott, Arizona. The items for which affiant and others under his direction will be searching include: certain evidence of association among co-conspirators, including address and/or telephone books, personal diaries and photographs; evidence of communication among co-conspirators, including correspondence, voice mail, computer e-mail and web-site messages; evidence of false identification used or possessed by co-conspirators, including identifications of Ronald Calloway, Dylan Kay, and Jamie Moran; evidence of association of co- conspirators with ALF/ELF, including publications or communiqués by or related to ALF/ELF, lists of potential victims, and manuals on how to construct incendiary devices, both written and on computers; evidence of financial and telephone records, including credit card statements, receipts, checks, bank statements, and telephone bills; and two way radios, including hand-held radios or walkie talkies, person to person communicators, scanners and documents or lists of scanner codes. Additionally, authority is
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being sought to seize a 1989 blue/silver Toyota pickup truck registered to Rodgers, Your affiant believes these items constitute evidence in, or are relevant to, the continuing investigation of a number of Northwest arsons, including those specifically described in paragraph 4 below and committed in violation of Title 18, United States Code, Section 844(i), Title 18, United States Code Section 844(n), Title 18, United States Code Section 924 (c), and Title 18, United States Code, Section 372.
4. A cooperating witness (CW) who has proven very credible, identified an ALF/ELF cell which was responsible for several ALF/ELF claimed arsons to include the arson at t h e Animal and Plant and Health Inspection Services Facility (APHIS] in Olympia, Washington on June 21, 1998, the arson at Superior Lumber Company in Glendale, Oregon on January 2, 2001, and the arson at Jefferson Poplar Farm, 79214 Collins Road, Clatskanie, Oregon on May 21, 2001. The CW participated in the arsons of the AHPHIS Facility and the Superior Lumber Company Office. The CW participated in the planning ("dry run") of the arsons of the buildings at Jefferson Poplar Farm. The CW provided details of the arsons to include the incendiary devices used, the placement of the devices, and the description of the targeted area most of which matched the fire cause investigation conducted by the Alcohol, Tobacco, Firearms a n d Explosives (ATF) and other State
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and Local fire investigators. The CW also provided details of the dry run of Jefferson Poplar Farm which were corroborated by separate consensual tape recordings of conversations between the CW and Meyerhoff and the CW and McGowan. Additionally, the CW indicated that two-way radios and scanners were used by the co- conspirators who participated in each of the arsons.
APHIS FACILITY ARSON
5. In a debriefing of the CW during the period September 21 through 23, 2004, the CW provided the following information regarding the arson at the APHIS Facility in Olympia, Washington on June 21, 1998:
a. On or about June 20, 1998, the CW, Kevin Tubbs, and Josephine Sunshine Overaker drove from the Eugene, Oregon area to Olympia, Washington to commit the arson of the APHIS Facility. They were in a van registered in Tubbs' false name of Ronald Calloway. The plan was to commit two ALF arsons at the same time. The other arson was planned by another cell, targeting the Animal Damage Control Facility, also in Olympia, Washington. Tubbs communicated with Joseph Dibee, also known as Seattle, who was part of the other cell. Dibee was to supply the timers for the incendiary devices for both arsons. The CW, Tubbs and Overaker also planned to meet William C. Rodgers, also known as "Avalon," who
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resided in Olympia, Washington, and together commit the arson of the APHIS Facility.
b. On the way to Olympia, Washington, the CW, Tubbs and Overaker stopped in Tacoma, Washington to shoplift item s for their pre-planned arson, Overaker was arrested for shoplifting sponges and a mag light at Home Base, Tacoma, Washington. Because Overaker was arrested, the CW and Tubbs decided to contact Dibee to call off the two arsons. The CW and Tubbs were unable to contact Dibee. In the meantime, the CW and Tubbs were having trouble with their van, but were able to temporarily fix it and meet Rodgers. Overaker, who was released from jail, was with Rodgers. They decided to commit the arson of the APHIS Facility since they were unable to contact Dibee to call off the other planned arson. Overaker was told to find an alibi as she was not permitted to participate in the arson because of her earlier arrest.
c. Because they were unable to meet Dibee who was to supply the timers for the incendiary devices, Rodgers purchased lighter sticks (fire starters) at a store in Olympia, Washington that were to be used in lighting the fuel. With Tubbs driving, the CW, Tubbs and Rodgers traveled to Olympia, Washington in Rodgers's
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truck. The CW and Rodgers set the incendiary devices (buckets of fuel and the lighter sticks) at three locations on the outside of the APHIS Facility, and the two of them then set the fire at the three locations.
d. After setting the fire, the CW, Tubbs and Rodgers drove to the Federal Way, Washington area where Tubbs had' parked his van. Overaker was w a i t in g for them in the area where the van was parked. Tubbs and Rodgers drove in Rodgers' truck to Olympia, Washington where Tubbs dropped Rodgers at his then residence. Tubbs used Rodgers' truck and drove to Springfield, Oregon.
e. The CW and Overaker stayed with the van. The CW tried to fix the van, but failed. The CW left the van at an automotive business, and the CW and Overaker then hitch-hiked back to Eugene, Oregon.
6. On December 10, 2004, I placed a body recorder on the CW who had agreed to record a conversation with Tubbs, The CW and Tubbs talked about Josephine Sunshine Overaker being arrested for shoplifting just prior to the arson at the APHIS Facility in Olympia, Washington.
7. Independent investigation determined that Overaker was arrested on June 20, 1999, for shoplifting in Tacoma, Washington. The arson at the APHIS Facility, which was claimed by the ALF,
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occurred on June 21, 1998. Also, there was a second arson at the Animal Damage Control Facility in Olympia, Washington, which also occurred on June 21, 1998, shortly after the arson at the APHIS Facility.
8. Investigation identified the van registered to Ronald Calloway being abandoned at E a g l e Tire and Automotive, 1515 South 344th Street', Federal Way, Washington on June 22, 1998 (the day after the arson at the APHIS Facility).
9. On June 16, 2005, I placed a body recorder on the CW who had agreed to record a conversation with Tubbs. The CW asked Tubbs about his abandoned van. Tubbs replied that "someone signed the permission slip to have it, like salvaged or whatever."
10. On November 18, 2005, I placed a body recorder on the CW who had agreed to record another conversation with Tubbs. Tubbs and the CW discussed the arson at the APHIS Facility. Tubbs talked about a "friend" (Dibee) who failed to show up with the "shot glasses or can opener" (timing devices), but left the area because the CW, Tubbs, Rodgers, and Overaker were late getting to the staging area,
11. The CW's account of how the arson took place and the method of ignition was also consistent with the ATF fire investigation. Fire investigators from ATF determined that at the APHIS Facility, there were three independent areas of origin
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and that accelerants were used. An ATF report regarding the arson states: "Ignition is more probably than not by hand held flame." Fire investigators at the scene collected melted white plastic and wire bucket handles which were consistent with the CW's statement that they used white plastic buckets. The ATF laboratory also identified the "remains of a wood/wax based fire starter". This is consistent with the information provided by the CW that Rodgers used Duraflame Firestart Barbeque lighters to light some of the buckets of fuel.
Superior Lumber Company arson
12. In a debriefing of the CW during the period September 21 through 23, 2004, the CW provided the following information regarding the arson at the Superior Lumber Company office in Glendale, Oregon on January 2, 2001: The CW, Tubbs, Stanislas Meyerhoff, Daniel McGowan, and McGowan's ex-girlfriend, Suzanne M. Savoie, also known as " India, " drove to Glendale, Oregon to commit the arson of the Superior Lumber Company office. McGowan and Savoie were the lookouts or watchdogs. Tubbs was the driver of the van the CW called "Betty." The CW and Meyerhoff scouted the office area of Superior Lumber Company. Tubbs drove the van around to the back parking area to deliver the incendiary devices. The CW and Meyerhoff set the incendiary devices outside of the Superior Lumber Company office building, and left the area in the van.
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13. Investigation revealed that on January 2, 2001, the arson at the office of Superior Lumber Company occurred, and was claimed by the ELF. The CW provided details of the arsons to include the incendiary devices used, the placement of the devices, and the description of the targeted area, nearly all of which matched the fire cause investigation conducted by ATF.
14. On April 2, 2005, I placed a body recorder on the CW who engaged in a conversation with McGowan. McGowan talked about the "Glendale thing" and that "You were losing gas in Betty (the van) and you had to like rub soap or something, or a panty hose or something on the fuckin' O ring. Do you remember that? Every like couple miles or something ridiculous. You know what I'm saying?"
15. On July 18, 2005, 1 placed a body recorder on the CW who engaged in a conversation with Meyerhoff. Meyerhoff stated, regarding Glendale, "It was super smooth. It wa-, it operated well. It all went super smooth except for the fuckin' van starting to break down in the middle of the fucking drive down."
Jefferson Poplar Farm arson
16. In a debriefing of the CW during the period September 21 through 23, 2004, the CW provided the following information regarding the arson at Jefferson Poplar Farm in Clatskanie, Oregon on May 21, 2001: Approximately six months prior to the arson, the CW, who was living in Portland, Oregon with Overaker,
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was visited by Tubbs, Meyerhoff, Chelsea Gerlach and McGowan. They asked the CW to accompany them for a dry run of an unknown location. They drove across the State of Washington border and later crossed back over into Oregon. The CW recalled driving over railroad tracks and to a farm.
17. On December 10, 2004, the CW was driven out to Jefferson Poplar Farms with me. Before we came to any railroad tracks, the CW stated to me that there were railroad tracks shortly ahead. A short distance later, we were able to observe and drove over the railroad tracks. The CW recalled the farm area.
18. On June 28, 2005, 1 placed a body recording device on the CW. The CW met Meyerhoff and they talked about the arson at the Jefferson Poplar Farm. Meyerhoff stated "Towards the end, you know, I'd make the burgers (timing devices) and it kept happening. You remember that double, well you were there...Double whammy? We did two the same time. Washington and Oregon at the same time." Meyerhoff continues by saying "This is what ended up happening is half of it, half of it went... like trucks all went, you know?...half of it went in the shed and the office and relevant stuff, like there were two on there."
19. Investigation revealed that there were two arsons on May 21, 2001 that were claimed by ELF: one was at the Jefferson Poplar Farm in Clatskanie, Oregon, and the other at the
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University of Washington in Seattle, Washington. Investigation also confirmed the details provided by Meyerhoff regarding the setting of the incendiary devices at Jefferson Poplar Farms.
20. On April 2, 2005, I placed a body recording device on the CW who engaged in a conversation with McGowan. McGowan said "Well, yeah, Poplar, they basically, they got an intact one. This uh, didn't work. It (timing device) was submerged though, urn... Yeah (in a bucket). It didn't work, actually they probably have two, two, two of them, from the same spot."
21. Investigation confirmed what McGowan was talking about regarding the setting of the incendiary devices at Jefferson Poplar Farms and that timing devices did not ignite. Found at the scene was a "fanny pack," submerged in a bucket of fuel. The CW had earlier advised me that timing devices were typically brought to the scene of the arsons in backpacks or similar gear. Intact incendiary devices were also recovered at Jefferson Poplar Farms.
Association and Communication Among Co-conspirators
22. On April 1, 2005, I placed a body recording device on the person of the CW, who engaged in a conversation with McGowan. McGowan advised the CW that he keeps in touch with "India" (Savoie), and that they write letters to each other. McGowan also talked about meeting Lacy Phillabaum, girlfriend of Meyerhoff, in the near future.
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23. On April 2, 2005, I placed a body recording device on the person of the CW, who engaged in a conversation with McGowan. McGowan advised the CW that he tries to keep in touch with people (cell members) to make sure everything is alright, and that they did not find religion and/or money, which are the only ways people will talk to law enforcement. McGowan also mentioned tracking down the "punk kids" (a couple who helped with the arson at Jefferson Poplar).
24. On August 15, 2005, I provided a body recording device to the CW, who engaged in a conversation with McGowan. McGowan advised the CW that he talks to India (Savoie) every couple of months.
25. On August 15, 2005, I placed a body recording device on the person of the CW, who engaged in a conversation with McGowan. McGowan advised the CW that he researches on the internet for updates on ALF/ELF arson investigations and information about grand juries.
26. On November 18, 2005, I placed a body recording device on the person of the CW, who engaged in a conversation with Tubbs. Tubbs advised the CW that he is expecting an email from "Kara" (Rebecca Rubin), who is a cell member and who participated in at least one ALF/ELF claimed arson with Tubbs and Meyerhoff. Tubbs also mentioned that he is expecting a telephone call or email from Meyerhoff.
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Association with ALF/ELF
27. On January 8, 2005, I placed a body recording device on the CW who engaged in a conversation with Tubbs regarding I discovering an ALF/ELF pamphlet in his house. Tubbs advised the CW that the pamphlet was in his belongings for the past ten years, and when he found it, he got rid of it.
28. On August 15, 2005, I provided a body recording device to the CW who engaged in a conversation with McGowan. McGowan talked about discovering a copy of the Rodgers' manual "Setting Fires with Electronic Timers," at an unknown storage unit for an environmental office in New York City. McGowan stated to the CW that he made copies of the manual and was going to distribute the m to continue to educate extremists in how to build destructive devices.
29. On November 25, 2005, I placed a body recording device on the person of the CW who engaged in a conversation with Rodgers. Rodgers advised the CW that he stopped working on his manual ("Setting Fires with Electronic Timers") about a year and a half ago and has not done anything with it since then. He continued by stating that if he had completed the manual in 2001, young people, who were committed to the destruction of property on behalf of the ALF/ELF, would have avoided being arrested. Rodgers also mentioned that he has all the "zines" (magazines and other publications of the ALF/ELF) under his control.
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30. Investigation identified Rodgers as operating an Infoshop and Bookstore (anarchist bookstore) at 109 N-A McCormack Street, Prescott, Arizona, where he resides in the back part of the store.
Use and Possession of False Identification by Co-conspirators
31. On June 16, 2005, I placed a body recording device on the CW who engaged in a conversation with Tubbs about Tubbs' alias of Ronald Calloway. Tubbs advised the CW that in approximately May 2005, he received a notification from the local courts regarding jury duty under the name of Ronald Calloway.
32. Investigation confirmed that Tubbs utilized the false name of Ronald Calloway, a former friend from Nebraska. A copy of an Oregon Department of Motor vehicles driver's license photograph of Calloway was obtained and the photograph is identical to Tubbs.
33. On April 1, 2005, f placed a body recording device on the person of the CW, who engaged in a conversation with McGowan regarding the use of Jamie Moran as a false identity.
3 4. Investigation h as revealed that for the past seven years, McGowan h as used the false names of Djenni McGowan, Dylan Kay, and Jamie Moran. McGowan has also used the street names or forest names of Sorrell and Rabid.
35. For the past year, I have recorded several conversations between the CW, Meyerhoff, Tubbs, and McGowan.
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During these conversations, they used aliases such as Jack or Country Boy for Meyerhoff; Sorrel or Jamie Moran for McGowan; and Bobby Pants or Bob, for Tubbs.
Financial and Telephone Records
36. Based upon my training and experience, including participation in other domestic terrorism investigations, and extensive discussions with other experienced FBI agents and state and local officers, I have probable cause to believe and do believe that persons generally, including individuals involved in domestic terrorism groups, and specifically Meyerhoff, Tubbs, McGowan and Rodgers, typically maintain financial and telephone records including credit card statements, receipts, checks, bank statements and telephone bills as part of their personal records for purposes of preparing personal tax returns, reconciling checkbooks, and verification of purchases and/or payments. These documents may be relevant to this investigation because they may establish relationships, payments among co-conspirators, locations and timing of where co-conspirators were in relation to the destruction of property and/or arsons, and purchases of components of incendiary devices and other necessary clothing and tools used in the commission of the destruction of property and/or arsons.
Two Way Radios and Scanners
37. On July 18, 2005, I placed a body recording device on
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the CW who engaged in a conversation with Meyerhoff. Meyerhoff stated to the CW that he was in the process of getting rid of some of his belongings, including "those radios." CW suggested that Meyerhoff ask Tubbs if he wanted the radios. In a subsequent communication, Meyerhoff informed the CW that he was keeping one (scanner).
Blue/Silver Toyota Pickup
38. I was informed by the CW that Rodgers used an older blue/silver Toyota pickup to transport the incendiary devices and the CW and Tubbs to the APHIS Facility arson. Investigation identified a 1989 blue/silver Toyota pickup registered to William C. Rodgers, Idaho license plate 2TF8170. The CW further informed @ me that Rodgers was using the same pickup during the meeting in Western Colorado where they discussed the planned arson at the Vail Ski Resort in October 1998. On November 26, 2005, I observed Rodgers' pickup-parked in the back parking lot of 109 N- A McCormack Street, Prescott, Arizona.
Confirmation of Residences
39. 1 was informed by Special Agent (SA) Joseph Kincaid, New York FBI, that McGowan is currently receiving mail under the name of Daniel McGowan, at 510 East 13th Street, Apartment 14, New York, New York. On December 1, 2005, 1 was informed by Eugene Police Detective Greg Harvey that he had observed McGowan enter the building located at 510 East 13th Street, New York, New
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York. On November 30, 2005, SA Victor A. Arocho, New York, FBI, advised me that 510 East 13th Street, Apartment 14, New York, New York, is a six floor multi-apartment dwelling with a red brick face and a front locking door with approximately 25 apartments. Apartment 14 is located on the fourth floor with number "14" on the door.
40. I was informed by SA Steve Duenas, Charlottesville, Virginia FBI, that Meyerhoff resides at 4 1 4 Four Seasons Drive, Charlottesville, Virginia, SA Duenas conducted a surveillance of the residence and located Meyerhoff's vehicle parked near the apartment. SA Duenas also checked with Virginia Department of Motor Vehicles which revealed Meyerhoff obtained a driver's license on which he listed his address as 414 Four Seasons Drive, Charlottesville, Virginia. On December 1, 2005, I spoke with SA Denise Rhoades, Charlottesville FBI, who informed me that 414 Four Seasons Drive, Charlottesville, Virginia, is one of approximately three units of a grayish two story building, and 414 is the corner unit on the first floor. She also told me that all units of the building have white trim around the doors and windows and a dark green front door, and that the numbers "414" on the corner unit appear in black just left of the front door.
41. On November 25, 2005, Detective Gregory Harvey, Eugene Police Department, entered Catalyst Infoshop and Bookstore, 109 N-A McCormick Street, Prescott, Arizona, and observed Rodgers in
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the kitchen area in the back of the Infoshop and Bookstore building. Detective Harvey informed me that it appears Rodgers is living in the back part of the building. On November 25, 2005, the CW agreed to record a conversation with Rodgers, who advised that he resides in the Infoshop and Bookstore building. SA Doug Litner, Flagstaff FBI, advised me that the Catalyst Infoshop and Bookstore is a two story wood framed building, orange and yellow in color with purple trim, and there is a sign located by the entrance of the building, which states Catalyst Infoshop and Bookstore, 109 N-A McCormack Street, Prescott, Arizona.
42. During numerous surveillances, Tubbs or Tubbs' vehicle were observed at his residence, 520 South 71st Street, Springfield, Oregon. The CW met Tubbs at his residence on several occasions, as recently as August 15, 2005. A check with Lane County Property records revealed that Tubbs owns the residence located at 520 South 71st Street, Springfield, Oregon, with Michelle Page. On November 30, 2005, Detective David Burroughs, Eugene Police Department, advised me that 520 South 71st Street, Springfield, Oregon, is a two story cinder block dwelling, white in color with a carport on the north side, and the number "520" in brown wooden numbers on the carport. Detective Burroughs also advised me that there is an unattached white wooden shed on the northeast corner of the backyard of 520
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South 71st Street, Springfield, Oregon.
Forensic Analysis of Computers
43. SA Paul Mueller has advised that based upon his knowledge, training and experience, and that of the Computer Analysis and Response Team ("CART") unit at the Portland Regional Computer Forensic Laboratory (RCFL) and the Portland Division of the FBI, computer files or remnants of such files can be recovered months or even years after they have been downloaded onto a hard drive, deleted or viewed via the Internet. Electronic files downloaded to a hard drive can be stored for years at little or no cost. Even when such files have been deleted, they can be recovered months or years later using readily-available forensics tools. When a person deletes a file on a home computer, the data contained in the file does not actually disappear; rather, that data remains on the hard drive until it is over written by new data. Therefore, deleted files, or remnants of deleted files, may reside in free space or slack space - that is, in space on the hard drive that is not allocated to an active file or that is unused after a file has been allocated to a set block of storage space - for long periods of time before they are overwritten. In addition, a computer's operating system may also keep a record of deleted data in a "swap" or "recovery" file. Similarly, files that have been viewed via the Internet are automatically downloaded into a
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temporary Internet directory or "cache." The browser typically maintains a fixed amount of hard drive space devoted to these files, and the files are only overwritten as they are replaced with more recently viewed Internet pages. Thus, the ability to retrieve residue of an electronic file from a hard drive depends less on when the file was downloaded or viewed than on the particular user's operating system, storage capacity, and computer habits.
44. SA Mueller has advised that based upon his knowledge, training and experience, and that of the CART unit at Portland Regional Computer Forensics Laboratory, searching and seizing information from computers often requires agents to seize most or all electronic storage devices (along with related peripherals) to be searched later by a qualified computer expert in a laboratory or other controlled environment. This is true because of the following:
a. The volume of evidence. Computer storage devices (like hard disks, diskettes, tapes, laser disks) can store the equivalent of millions of pages of information. Additionally, a suspect may try to conceal criminal evidence; he or she might store it in random order with deceptive file names. This may require searching authorities to examine all the stored data to determine which particular files are evidence or
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instrumentalities of crime. This sorting process can take weeks or months, depending on the volume of data stored, and it would be impractical and invasive to attempt this kind of data search on-site.
b. Technical requirements. Searching computer systems for criminal evidence is a highly technical process requiring expert skill and a properly controlled environment. The vast array of computer hardware and software available requires even computer experts to specialize in some systems and applications, so it is difficult to know before a search which expert is qualified to analyze the system and its data. In any event, however, data search protocols are exacting scientific procedures designed to protect the integrity of the evidence and to recover even "hidden," erased, compressed, password-protected, or encrypted files. Because computer evidence is vulnerable t o inadvertent or intention a modification or destruction (both from external sources or from destructive code imbedded in the system as a "booby trap"), a controlled environment may be necessary to complete an accurate analysis. Further, such searches often require the seizure of most or all of the computer system's input/output peripheral devices, related software, documentation,
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and data security devices (including passwords) so that a qualified computer expert can accurately retrieve the system's data in a laboratory or other controlled environment.
45. Based upon the above information, as well as my training, experience, participation in other domestic terrorism investigations, and extensive discussions with other experienced FBI agents, and state and local officers, I have probable cause to believe and do believe that there will be found in the premises of Stanislas Meyerhoff, 414 Four Seasons Drive, Charlottesville, Virginia, Kevin Tubbs, 520 South 71st Street, Springfield, Oregon, Daniel McGowan, 510 East 13th Street, Apartment 14, New York, New York, and William C. Rodgers, 109 N-A McCormick Street, Prescott, Arizona, certain evidence of association among co-conspirators, including address and/or telephone books, personal diaries and photographs; evidence of communication among co-conspirators, including correspondence, voice mail, computer e-mail and web-site messages; evidence of false identification among co-conspirators, including identifications of Ronald Calloway, Dylan Kay, and Jamie Moran; evidence of association of co-conspirators with ALF/ELF, including publications ox communiques by or related to ALF/ELF, list s of potential victims, and manuals on how to construct incendiary devices, both written and on computers; evidence of
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financial and telephone records, including credit card statements, receipts, checks, bank statements and telephone bills; and two way radios, including hand-held radios or walkie talkies, person to person communicators, scanners and documents or lists of scanner codes, Additionally, I have probable cause to believe and do believe that a 1989 blue/silver Toyota pickup bearing Idaho license plate # 2TF8170, and registered to Rodgers will be found in close proximity to Rodgers' residence. These items constitute evidence of, or are relevant to, the continuing investigation of the three Northwest arsons specifically described in paragraph 4 above and committed in violation of Title 18, United States Code, Section 844(i), Titles 18, United States Code, Section 844(n), Title 18, United States Code Section 924(c), and Title 18, United States Code, Section 371. I therefore respectfully request that four search warrants and a seizure warrant be authorized allowing law enforcement officers acting under my direction to search for the aforementioned items a t the above locations, and authorizing the seizure of same, if any are found.
46. Additionally, your Affiant requests the Court's permission to seize the computer hardware (and associated peripherals) that are believed to contain some or all of the evidence described in the warrant, and to conduct an off-site search of the hardware for the evidence described.
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47. Due to the extremely sensitive nature of the investigative techniques contained herein and because the investigation of this matter is continuing and is expected to continue for some time, I request that this affidavit be sealed.
48. Based upon my consultation with David B. Deitch, Domestic Terrorism Coordinator, Counterterrorism Section, Criminal Division, Department of Justice, and John C. Ray, Assistant United States Attorney, I believe the Court has the authority to issue the search warrants sought for locations outside of the District of Oregon pursuant to rule 41(b) (3) of the Federal Rules of Criminal Procedure. That Rule provides as follows:
At the request of a federal law enforcement officer or an attorney for the government . . . a magistrate judge -- in an investigation of domestic terrorism or international terrorism (as defined in 18 U.S.C. section 2331) -- having authority in any district in which activities related to the terrorism may have occurred, may issue a warrant for a person or property within or outside that district.
Title 18, United States Code section 2331(5) states that "domestic terrorism" means:
Activities that -
(A) involve acts dangerous to human life that are
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a violation of the criminal laws of the United States or of any State;
(B) appear to, be intended -
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnaping; and
(C) occur primarily with in the territorial jurisdiction of the United States.
It is my belief, based upon the facts set forth in this affidavit, that this is an investigation involving domestic terrorism, as defined in the referenced statute, and that there are activities related to the terrorism which have occurred with in the District of Oregon.
49. This affidavit has been reviewed and approved for presentation to United States Magistrate Judge Thomas M. Coffin by the aforementioned Department of Justice Attorneys.
John L. Ferreira
Federal Bureau of Investigation
Subscribed and worn to before me and in my presence this
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____________ day of December, 2005.
Thomas M. Coffin
United States Magistrate
District of Oregon
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