Kistner Search Warrant Affidavit

Case 3:09-mj-00254-BF

Document 1

Filed 08/26/2009

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In the Matter of the Search of (Name, address or Brief description of person, property or premises to be searched)

1995 Acura Legend: Green, four-door, Colorado license plate number 934SLM VIN number JH4KA7660SCol8623

I, Anthony Winn

APPLICATION AND AFFIDAV SEARCH WARRANT CASE NUMBER:

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being duly sworn depose and say:

I am a(n) Dallas Police Officer assigned to the Federal Bureau of Investigation (FBI) and have reason to believe that XX on the property or premises known as (name, description and/or location) Car: 1995 Acura Legend: green, four-door, Colorado license plate number 934SLM, VIN number JH4KA7660SCol8623 NORTHERN District of TEXAS in the concealed a certain person or property, namely (describe the person or property to be seized)

there is now

Money, clothing, weapons, newspaper articles, bank bags, money bands, bank documents, fruits of the crime and any other items related to this bank robbery. which is (state one or more bases for search and seizure set forth under Rule 41(b) of the Federal Rules of Criminal Procedure) property that constitutes evidence of the commission of a crime, contraband, the fruits of crime, and is, otherwise, criminally possessed,

concerning a violation of Title 18 United States Code, Section(s) facts to support a finding of Probable Cause are as follows:

2113 (d) and 924 (c)

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(SEE ATTACHED AFFIDAVIT OF SPECIAL AGENT ANTHONY WINN). Continued on the attached sheet and made a part hereof.

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XX Yes _ No

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Signature of Affiant ANTHONY WINN Special Agent, Task Officer (FBI) Sworn to before me, and subscribed in my presence August 26. 2009 @? / ho
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Dallas. Texas City and St.,,!"

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Signature of Judicial Officer

Case 3:09-mj-00254-BF

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AFFIDAVIT IN SUPPORT OF SEARCH WARRANT INTRODUCTION

1.

Affiant, Anthony Winn, a Dallas Police Officer assigned to the Federal Bureau of

Investigation ("FBI"), states as follows: 2.

Affiant has been a Dallas Police Officer for over 21 years and has been assigned to

the Criminal Enterprise Squad in the Dallas Field Division for six years. During that time period, Affiant has conducted numerous investigations involving Bank Robbery and Conspiracy to Commit Bank Robbery. 3.

The information contained in this affidavit is from Affiant's personal knowledge,

interviews of witnesses, and information gathered from other federal agents and police officers involved in this bank robbery investigation. 4.

For the reasons stated herein, there is probable cause to believe that evidence of,

instrumentalities used in the commission of, and the fruits of the violations of (1) bank robbery, to wit, a violation of 18 U.S.C. § 2113(d); and (2) the use and brandishing of firearms during and in relation to these federal crimes of violence, to wit, violations of 18 U.S.C. § 924(c); will be found inside a 1995 green, four-door, Acura Legend, bearing Colorado license plate number 934SLM, Yin number JH4KA7660SCo18623. This vehicle is currently in the care, custody, and control of the Dallas Police Department Auto Pound. Affiant seeks to search this vehicle for money, clothing, weapons, newspaper articles, bank bags, money bands, bank documents, fruits of the crime, and any other items related to this bank robbery. FACTS AND CIRCUMSTANCES

5.

Affiant is aware that on June 13, 2009, the Chase Bank located at 2325 Gus

Thomasson Road, Dallas, Texas, was robbed by an unknown white male suspect. The suspect entered the bank and approached victim teller Brenda Hernandez ("Hernandez"). The suspect -PAGE 1-

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handed Hernandez a deposit slip. Hernandez looked at the deposit slip and noticed that it was blank. Hernandez looked up at the suspect and the suspect stated, "Give me all your 100's, 50's, and 20's." After making that demand to Hernandez, the suspect lifted up his green t-shirt and displayed a silver handgun in a brown holster. Hernandez, in fear for her life, panicked and immediately began removing money from her second money drawer. Hernandez handed the money to the suspect. The suspect then stated to Hernandez, "Give me more." The suspect lifted his shirt again showing Hernandez his weapon. Hernandez removed more money from her top cash drawer and handed it to the suspect. The suspect placed the money inside a blue Chase Bank deposit bag and left the bank on foot. In total, $11,120.00 was taken during the robbery. This United States currency was insured by the Federal Deposit Insurance Corporation. 6.

This robbery remained unsolved until July 22,2009. On that day, Mesquite Police

Officers observed a green Acura Legend bearing Colorado license plate number 934SLM traveling through Mesquite. Officers were on the lookout for this vehicle because it was involved in several robberies in Mesquite. Uniformed Mesquite Police Officers attempted to stop the vehicle, but the suspect refused to stop. After a car chase, the suspect was taken into custody. The suspect was identified as STEVEN KISTNER ("KISTNER").

Mesquite Police Detectives attempted to

interview KISTNER, but he requested his attorney. He is currently in state custody and has been indicted on unrelated state charges. On July 24, 2000, Mesquite Police Detectives executed a Texas state search warrant on KISTNER'S vehicle.

During the search of his vehicle these

detectives observed a newspaper article from the Dallas Morning News Metro Section dated July 13,2009. The article contained a surveillance photograph taken during the robbery. The picture in the paper resembles KISTNER. Detectives also observed $20 money bands in the car. An inventory of the vehicle was conducted at the time.

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7.

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Mesquite Police Detectives notified the FBI. A six-picture photographic lineup

containing the photograph of KISTNER was prepared and shown to witness Hernandez. She positively identified the photograph of KISTNER as the person who robbed the bank. 8.

Based on all of the facts and circumstances described in this affidavit, along with

the Affiant's training and experience, Affiant has probable cause to believe that bank robbery evidence will be found inside the green Acura Legend bearing Colorado license plate number 934SLM, Yin number JH4KA7660SCo18623. The evidence sought includes, but is not limited to the following: money, clothing, weapons, newspaper articles, bank bags, money bands, bank documents, fruits of the crime, and any other items that may be related to this bank robbery.

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TED STATES MAGISTRATE JUDGE NORTHERN DISTRICT OF TEXAS

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