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State o f Iowa,

County of Sac

,SuO^U)OOD50£

b FILED

APPLICATION FOR SEARCH WARRANT

Being duly sworn, I , the undersigned,

person(s) and i n the vehicle(s) ] described below that, i n Sac County, there

say that a t the place

[and on the

is now certai n property namely:

Apartment

2, 108 West

3r d Street, Wall

Lake,

IA 51466

("the

apartment").

a complex, which i s .

Described

as

second

floor apartment i n the aforementioned

apartment

and other parts

therein, the surrounding grounds, any garages, storage rooms/sheds, trash containers, and outbuildings of any kind located thereon connected t o and

or

legally accessible t o Matthew Wessel as a resident of the apartment.

Included i n the described locatio n ar e any and al l rooms

o r

nearby or adjacent t o the

vehicles can be specifically connected t o occupants or permanent residents of the location t o be searched prior t o searching said vehicles.

Any

Matthew Wessels, born

8,

Any vehicle s parked directl y on th e property o r i n th e stree t i n fron t o f

above-identified location, provided that said

and al l persons on th e premises a t th e time o f th e search t o include :

December

1980

(per Iowa

Courts

Online)

approximately 6 foot tall and has dark hair

In

Sac County, ther e

i s now certai n propert y namely:

1) Al l illegall y possessed controlle d substances as liste d i n chapter 124 o f the Iowa State Code. Including but not limited t o marijuana, and it s derivatives, cocaine and Methamphetamine, and opiates and it sderivatives.

2) Any and al l paraphernalia, controlled substances or documents, which are evidence of the illicit possession, use, dealing or distribution of controlled substances.

3) Evidence of occupancy, residency, and/or ownership of the premises described above including' but not limited t o utility and telephone bills, sealed envelopes 1 key, lease agreements and mortgage records, loan records, documents and /or keys relating t o safety deposit boxes.

4) United States currency.

5) Address and /or telephone books 1 and papers reflecting names, address and /o r telephone numbers o f co-conspirators .

6)

Books, records,

receipts, bank statements and records, money drafts,

letters o f credit, money orders and cashier's checks, receipts, passbooks, bank checks, lease agreements, loan records, any record showing parcel mail of packages being delivered t o the above listed address, documents and /or

keys relating t o safety deposit boxes and other items evidencing the obtaining, secreting, transfer, concealment and/or expenditures o f money, all electronic pagers, police scanners and electronic listening devices.

7) Al l weapons, firearms, and

ammunition.

2

8)

records. 9) Al l incoming

Any

propert y found

to be

stole n afte r checking law

enforcement computer

calls. Searching officers request that they be permitted to

answe r th e telephon e

and convers e

wit h caller s who

appea r t o be callin g

i n

regard

to illega l

drug

sales, without revealin g their true identit y and

to

record such conversation. Searching officers also request permission to

liste n to , note, and record any message lef t on any answering devices or tape recorders located therein for each location to be searched. Searching

any safes

officers , request to remove and

or containers that cannot be opened at the location searched.

open at thei r earlies t convenience

Which is :

X

Property that has been obtained

i n violatio n of

law.

X

Property, the possession of which i s illegal.

X

Property used or possessed

with the intent to be used as the

means of committing a public offense or concealed to prevent an

offense from being discovered.

X Property relevan t and materia l as evidence i n a criminal prosecution.

The

fact s establishin g the foregoin g ground(s) fo r issuanc e of a

search warrant this Affidavit.

are as set forth i n the attachments,

which are made part of _

Second Judicial District

Sac County Attorney

2

3

ATTACHMENT A

Affiant's name: Royce Kemmann

Occupation:

Peace Officer, Lake View Police Department

No.

of years :

12 years as a full-tim e peac e office r fo r the Cit y

of Lake

View and 4 years as a reserve office r fo r the Cit y of Wall Lake,

Iowa.

Affian t conducted an investigatio n and received information from fellow

officer s and other sources

as follows:

This office r has

had

trainin g and actua l experience

i n the handling

of

and

dealing with informants, confidential or otherwise,

as

well

as

the

field

operations

illegal drugs. On August 9, 2013,

involved with the

use

of informants

Wall Lake,

with controlled Iowa resident Jeff

buys

of

Carter

approached Lake View,

Iowa Chief

of Police

Ted

Helmich, statin g he

had

informatio n as t o

who

was

sellin g methamphetamin e i n th e

cit y o f Wal l

Lake ,

Iowa, and furthe r state d that he

(Jeff Carter) wanted to do a controlled

buy

o f f

/

fro m

sai d

individua l who

Jef f

Carte r

identifie d as Wal l

Lake ,

Iowa

resident, Matthew J. Wessels. Jeff Carter indicated to this Officer, either

bought

personally or through Chief

Helmich

that

he

(Jeff Carter)

had

methamphetamine from Jef f Carter on previous occasions. This Office r

has

persona l

knowledg e tha t Matthe w J . Wessel s was

bor n December 8,

1980

(per

Iowa Court s Online)an d

IA 51466

("the

reside s a t apartmen t 2,

108

West 3r d Street , Wal l

an

from

Lake,

apartment buildin g

Bank Midwest. Ted On August 9, 2013,

apartment"),

which i s a second floor apartment i n

leve l and

north across

3 rd

street

thi s Officer ,

while i n the presence

(a four-plex spli t

of

Chief Helmich and

Carter,

observed

Chief

Helmich

give

Jeff

Carter

approximatel y

$120.00 wit h

whic h

Jef f

Carte r

was

t o

use

t o

purchas e

methamphetamin e fro m Jef f Carter . Shortl y afte r Jef f Carte r was

give n

thi s

money, thi s Office r

observe d

Jef f

Carte r

make hi s way

t o

and

ente r

Mat t

the

apartment complex about five minutes after entering the same, at which time

Wessels' apartment complex. This Officer

observed Jeff Carter exit

thi s Office r

observe d Jef f Carte r make hi s way

directl y t o the area nea r

the

storage building

near the

yellow house by

the train tracks just across

the

a

white

crystal-like powdery substance (Jeff Carter told this Officer that after

road

plasti c bag wit h what appeared to be approximately

fro m Wal l

Lake Use d Parts . I t was

a thi s tim e Jef f Carte r produce d

one

gram of

a

entering Matthew Wesssels'

apartment he

(Jeff

Carter)

exchanged

the

approximate $120.00 fo r said substance.

Jef f Carte r

di d not

have any

drugs

or other contraband on his person before entering Matthew Wessels' apartment

complex. The bill s comprisin g

Carte r

the approximat e $120.00 give n

to Jef f

by Ted Helmich, were photocopied

fo r the

purpose of late r identifyin g

the

bill s

i f / when

found

i n Matthew Wessels'

possession.

Additionally,

this

Office r

knows drug dealers

sel l

thei r product

by weight and therefore

use

scales to measure the drugs, and that controlled

transported i n plasti c baggies.

ofte n times have larg e sums of cash and deal i n stole n property fo r trade.

substances are ofte n

This Officer also knows that individuals

3

INFORMANT'S ATTACHMENT NO. (Prepare separate attachment fo r each informant)

Peace officer name is :

received information from an informant whose

Confidential because disclosure o f the informant's identity would:

Endanger the informant's safety. Impair the informant's future usefulness t o law enforcement.

The informant i s reliable fo r th e following reason(s):

The informant i s a concerned citize n who has been known by

above peace officer fo r

day and who:

^

Is a mature individual. Is regularly employed.

.

Is a student i n good standing.

Is a well-respected family and/or business person. Is a person of truthful reputation.

_jr<

Has

no motivation t o falsify th e information.

X"

Has a known association with known criminals. Has no known criminal record.

Has

otherwise demonstrated truthfulness.

(State i n

Attachment A

the facts that le d to this conclusion.)

The

informant has supplied information i n th e past

times.

The

informant's past information has helped supply th e basis

for search warrants.

The information's past information has le d t o arrests.

Past information from th e informant has le d t o the discovery and seizur e o f stolen property, drugs o r other contraband.

The informant has

informant has not been asked fo r information by this Affiant

no t given false information i

n th e past, bu t

K The information supplied by the informant i n this investiga- tion has been corroborated bylaw enforcement personnel. (Indicate i n Attachment A th e corroborate d informatio n and how it was corroborated.)

Other reason(s) fo r reliability:

4

INFORMANT'S ATTACHMENT NO.

continue d

The informant ha s provide d th e followin g information :

5

6

ENDORSEMENT ON SEARCH. WARRANT APPLICATION

1. I n issuing th e search warrant, th e undersigned relied upon th e sworn testimony o f th e followin g perso n (s) together with the statements and information contained i n the application and any attachments thereto:

Name

Address

2. Abstract o f Testimony:

(Information received i n addition t o that

set forth i n the application and the attachments

thereto:)

6

7

ENDORSEMENT ON SEARCH WARRANT APPLICATION continued

3. The undersigned has relied, i n part, on information supplied by a confidential informant shown on Informant's

Attachment No. /tS/ } . f/j^fe* * > s j *s*r

tfp/jfiooT'tAt-^

4. The information appears credible because:

A. Sworn testimony indicates this informant has given

reliable information on previous occasions:

B. Sworn testimony indicates this informant has no t been

used before but that either the informant appears credible or the informant appears credible

for the following reasons:

or ,

5. The

information (is) (is not) found t o justify probable

cause.

6. • I therefore (do) (do not) issue th e warrant.

Time

^^©ate

Magistrate/Judge

7

8

State o f Iowa, County of

SEARCH WARRANT

Sac

TO ANY PEACE OFFICER IN THE STATE

Based

on sworn application made t o the Court, I have found that probable

caus e

exist s

t o believ e tha t a t th e plac e

[an d o n th e perso n (s)

an d i n th e

vehicle (s)] described as follows:

Apartment 2, 108 West 3rd Street, Wall Lake, IA 51466 ("the apartment"). Described as a second floor apartment in an apartment complex, fZr&Ttf-r^

Included i n the described location ar e any and al l rooms and other parts

trash

therein, the surrounding grounds, any garages, storage rooms/sheds,

containers, and outbuildings of any kind located thereon connected t o and legally accessible t o Matthew Wessel as a resident o f the apartment.

or

Any vehicles parked directl y on th e

propert y o r i n th e street i n front o f

o r

nearby or adjacent t o the

vehicles can be specifically connected t o occupants or permanent residents of the location to be searched prior to searching said vehicles.

above-identified location, provided that said

Any and al l persons on th e premises a t th e time o f th e search t o include:

Matthew Wessels, approximately 6 foot tall dark hair

In

Sac County, ther e i s now certai n propert y namely:

1)

Al l illegall y possessed controlle d substances as liste d i n chapter 124 o f

the Iowa State Code. Including but not limited t o marijuana, and it s derivatives, cocaine and Methamphetamine, and opiates and it s derivatives.

2) Any and al l paraphernalia, controlled substances or documents, which are

possession, use, dealing or distribution of

evidence

controlled substances.

of

the illicit

3) Evidence o f occupancy, residency, and/or ownership of the premises described above including but not limited t o utility and telephone bills, sealed envelopes 1 key, lease agreements and mortgage records, loan records, documents and /or keys relating t o safety deposit boxes.

4) United States currency.

5) Address and /or telephone books 1 and papers reflecting names, address and /o r telephone numbers o f co-conspirators.

6) Books, records, receipts, bank statements and records, money drafts, letters o f credit, money orders and cashier's checks, receipts, passbooks,

8

9

bank checks, lease agreements, loan records, any. record showing parcel mail of packages being delivered to the above liste d address, documents and /or keys relatin g to safety deposit boxes and other items evidencing the obtaining, secreting, transfer, concealment and/or expenditures of money, a l l electroni c pagers, police scanners and electronic listenin g devices.

7) Al l weapons, firearms , and

ammunition.

8) Any

property found to be stolen after checking law enforcement

computer

records.

9) Al l incoming calls. Searching officers request that they be permitted to

answe r

th e telephon e and

convers e

wit h caller s who

appea r t o be callin g i n

regard

to illega l

drug

sales, without revealing their true identit y and

to

record such conversation. Searching officers also request permission to

liste n to , note, and record any message lef t on any answering

tape recorders located therein for each location to be searched. Searching officers , request to remove and open at their earlies t convenience any safes or containers that cannot be opened at the location searched

devices or

9

Which is :

X

Property that has been obtained i n violation o f law.

X

Property, the possession of which i s illegal.

X

Property used or possessed with the intent to be used as the means of committing a public offense or concealed t o prevent an offense from being discovered.

X

Property relevant and material as evidence i n a criminal prosecution.

THEREFORE, you are hereby commanded t o make immediate search of the described place [and person(s) and vehicle (s)] fo r the specified property; t o seize the specified property, i f found, leaving a receipt fo r the seized property at the place of the search; to prepare a written inventory of the property seized; to this warrant together with the written inventory; and t o brin g th e seize d propert y befor e me.

Dated this

Magistrate/Judge Second Judicial District

10

\

11

State o f Iowa, County o f Sac

RETURN TO SEARCH WARRANT

Being Duly sworn, I , the undersigned, say that I have executed the attached search warrant and the following, t o the best of my knowledge, i s a

complete inventory of the property seized pursuant

t o the warrant:

 

/

(

;/

See attached list.)

-O

—sr

on

O

CP

\

c/>0

.

Subscribed and sworn

11

INVENTORY OF SEIZED PROPERTY

PROPERTY SEIZED FROM

ft^ ^

FILED

2013 AUG ;15

\"-59

DATE

,

<3<& / j

TIME

M.

Location of Seizure:

^J -

3* —

Seizing Agency

cC<hUj£

\fid.^J

Agency Case No.

Estimated total value of property seized_

/ 3

-

^&/&

""P'-Q c^cci£.

Seizing Officer:

«s>A/JfiJ

DESCRIPTION OF PROPERTY SEIZED AND PRESUMED OWNERS

Item

No.

1.

2.

3.

4.

5.

6.

7.

8.

5

9. <s><s>

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

Description.

C

/

J

1

Name, Address of Owner (if other than person above)

(attach additional pages as needed)

Receipt of the items listed above is acknowledged on this

th

/ O

day oi

2O0&

Signature and ID of Officer