kwik stop gambling search warrant

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': "' I .,. "\J ", .... 1..,0 , •• o. , AFFIDAVIT FOR SEARCH AND ARREST \VARRANT THE STATE OF TEXAS COUNTY OF DALLAS K\VIKSTOP 1909 1\'1. L. King Jr. Blvd Dallas, Dallas County, Texas The undersigned Affiant, being a Peace Officer under the laws of Texas and being duly sworn, on oath makes the following statements and accusations: 1. There is in Dallas County, Texas, a suspected place and premises described and located as follows: A " KWIK STOP" located a1.1909 M. L. King Jr. Blvd Dallas, Dallas County, Texas. The front glass doors face South and the business exterior is made of red and white painted brick. The business is located at the northeast comer of the intersection of M. L. King Jr. Blvd and Harwood Road. See photo - Attachment "A". 2. There is at said suspected place and premises implements, instruments, and instrumentalities used in the commission of an offense and/or property or items constituting evidence tending to show that a particular person committed an offense to wit: "Keeping a Gambling Place", in violation of Texas Penal Code Section 47.04 and, or "Possession of a Gambling Device, Equipment, or Paraphernalia", in violation of Texas Penal Code Section 47.06. The evidence to be seized and taken into custody includes video electronic gambling devices, as defined in Texas Penal Code Section 47.01 (4), gambling paraphernalia as defined in Texas Penal Code Section 47.01 (6), gambling proceeds, United States Currency, gift certificates, safes or money boxes (if the contents cannot be removed easily on the premises), client lists and records, telephone notations, recording devices to include audio and video (if recorded contents cannot be removed on the premises), telephone caller identification devices (if the recorded contents cannot be removed easily on the premises), telephones bills and accounts, account books, employee applications, photographs, personnel records, appointment records, calendars, business cards, advertising material, bank records (including statements, deposit slips, cancelled checks), credit card receipts, vouchers, validation devices, computer hardware and software, including, but not limited to the central processing unit, external and internal drives, external and internal storage equipment or media, terminals or video display units, and peripheral equipment such as CD-ROM duplicators, fax machines, printers, modems, programmable telephone dialing devices, all other computer accessory items and

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Page 1: Kwik Stop Gambling Search Warrant

': "' I .,. "\J ",.... 1..,0~ , •• o. , •

AFFIDAVIT FOR SEARCH AND ARREST \VARRANT

THE STATE OF TEXAS

COUNTY OF DALLAS

K\VIKSTOP1909 1\'1. L. King Jr. BlvdDallas, Dallas County, Texas

The undersigned Affiant, being a Peace Officer under the laws of Texas andbeing duly sworn, on oath makes the following statements and accusations:

1. There is in Dallas County, Texas, a suspected place and premisesdescribed and located as follows: A " KWIK STOP" located a1.1909 M.L. King Jr. Blvd Dallas, Dallas County, Texas. The front glass doors faceSouth and the business exterior is made of red and white painted brick. Thebusiness is located at the northeast comer of the intersection of M. L. KingJr. Blvd and Harwood Road. See photo - Attachment "A".

2. There is at said suspected place and premises implements,instruments, and instrumentalities used in the commission of an offenseand/or property or items constituting evidence tending to show that aparticular person committed an offense to wit: "Keeping a GamblingPlace", in violation of Texas Penal Code Section 47.04 and, or "Possessionof a Gambling Device, Equipment, or Paraphernalia", in violation of TexasPenal Code Section 47.06. The evidence to be seized and taken into custodyincludes video electronic gambling devices, as defined in Texas Penal CodeSection 47.01 (4), gambling paraphernalia as defined in Texas Penal CodeSection 47.01 (6), gambling proceeds, United States Currency, giftcertificates, safes or money boxes (if the contents cannot be removed easilyon the premises), client lists and records, telephone notations, recordingdevices to include audio and video (if recorded contents cannot be removedon the premises), telephone caller identification devices (if the recordedcontents cannot be removed easily on the premises), telephones bills andaccounts, account books, employee applications, photographs, personnelrecords, appointment records, calendars, business cards, advertisingmaterial, bank records (including statements, deposit slips, cancelledchecks), credit card receipts, vouchers, validation devices, computerhardware and software, including, but not limited to the central processingunit, external and internal drives, external and internal storage equipment ormedia, terminals or video display units, and peripheral equipment such asCD-ROM duplicators, fax machines, printers, modems, programmabletelephone dialing devices, all other computer accessory items and

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components, and any other written or recorded business records used in thecommission of or serving as evidence of the commission of the listedoffenses.

The evidence to be seized, taken into custody and examined alsoincludes computers and computer-related equipment and materials,including:

Computer Hardware - Computer hardware consists of all equipmentwhich can collect, analyze, create, display, convert, store, conceal, ortransmit electronic, magnetic, optical, or similar computer impulses or data.Hardware includes (but is not limited to) any data-processing devices (suchas central processing units, memory typewriters, and self-contained "laptop"or "notebook" computers); internal and peripheral storage devices (such asfixed disks, external hard disks, floppy disk drives and diskettes, tape drivesand tapes, optical storage devices, transistor-like binary devices, and othermemory storage devices); peripheral input/output (such as keyboards,printers, scanners, plotters, video display monitors, and optical readers); andrelated communications devices (such as modems, cables and connections,recording equipment, RAM or ROM units, acoustic couplers, automaticdialers, speed dialers, programmable telephone dialing or signaling devices,mechanisms, or parts that can be used to restrict access to computerhardware (such as physical keys and locks).

Computer Software - Computer software is digital infonnation,which can be interpreted by a computer and any of its related components todirect the way they work. Software is stored in electronic, magnetic, opticalor other digital fonn. It commonly includes programs to run operatingsystems, applications (like word-processing, graphics, or spreadsheetprograms), utilities, compilers, interpreters, and communication programs.

Computer Documentation Computer-related documentationconsists of written, recorded, printed, or electronically stored material, whichexplains or illustrates how to configure or use computer hardware, software,or other related items. Passwords and Data Security - Computer passwordsand other data security devices are designed to restrict access to or hidecomputer software, documentation, or data. Data security devices mayconsist of hardware, software, or other programming code. A password (astring of alphanumeric characters) usually operates as a sort of digital key to"unlock" particular data security devices. Data security hardware mayinclude encryption devices, chips, and circuit boards. Data security softwareor digital code may include programming code that creates "test" keys or"hot" keys, which perfonn certain pre-set security functions when touched.

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Data security sottware or code may also encrypt, compress, hide, or "booby­trap" protected data to make it inaccessible or unusable, as well as reversethe process to restore it.

Evidence to be seized and examined further includes any other writtenor recorded business records used in the commission of or serving asevidence of the commission of the listed offenses; any assets evidencing thedisposition of illegal proceeds generated from the criminal activityincluding, but not limited to, monetary instruments including currency,cashier's checks, money orders, traveler's checks, precious metals jewelryand any other negotiable bearer instrument.

The devices sought to be seized are known as electronic slotmachines, multi- or 8-liners, and specialty gambling devices including anyfacsimiles or variations thereof. These gambling devices have differentmodel names that include, but are not limited to: Cherry 96, Swinging BellsDynasty, Swinging Bells Fruit Cat, Fruit Bonus 96, New Fruit Bonus 96, Poto Gold and other similar illegal devices as set forth in the definition of agambling device in the Texas Penal Code, Section 47.01(4).

3. Said suspected place and premises are in charge of and controlledby each of the following persons: Suspect #1 is an unknown black maleapproximately 45 years of age, approximately 6 foot 2 inches tall andapproximately 250 pounds with low cut black hair, brown eyes and a thincut mustache and Suspect #2 is an unknown black male approximately 230pounds 6 foot 1 inches tall and other persons whose identities are as yetunknown to the Affiant.

4. It is the belief of Affiant, and he hereby charges and accuses, thatSuspect #1 and #2 (as described in paragraph 3 of this affidavit) and otherpersons whose identities are as yet unknown to the Affiant, who have care,custody and control of the business are engaging in the offense of "KeepingA Gambling Place" and or "Possession of Gambling Paraphernalia, Devices,and Equipment" in violation of the Texas Penal Code, Chapter 47, at 1909M.L King Jr. Blvd., Dallas, Dallas County, Texas location described inparagraph 1 of this document.

5. Affiant has probable cause for said belief by reason of thefollowing facts: Affiant, Tommie T. Thomas #5866 is employed as aDetective by the City of Dallas Police Department, and is presently assignedto the Strategic Deployment Bureau, Vice Unit of said department. I, theAffiant, have been employed as a peace officer with the City of Dallas for

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over twenty three years (23). Detective K. Lang #8605 has been employedas a peace officer with the City of Dallas for over six years (6). Detective S.Reece #7813 has been employed as a peace officer with the City of Dallasfor over 12 years (12). One of our responsibilities is to investigate suspectedgambling related offenses. We have received specialized training inconducting gambling investigations. Based on our training and experiencewe know that gambling businesses keep gambling proceeds, and implementsand instruments of the crime of gambling, to include financial records,clients lists, personnel files, account books, payment records, bankstatements, deposit slips, checks, credit card receipts, vouchers, validatingmachines, and gambling devices, as well as evidence tending to show thecommission of the stated offenses, and that a particular person committedthe stated offenses; that evidence would also include: telephone records, pastand present appointment logs, advertising material, and other indicia,evidence and instruments of gambling related activities. We also know fromtraining and past experience that those involved in illegal gambling activitiesuse computers to keep records of their gambling activities and gamblingproceeds; this evidence includes but is not limited to computer hardware andsoftware, central processing units, external and internal drives, external andinternal storage equipment or media, terminals or video display units, andperipheral equipment such as CD-ROM duplicators, fax machines,keyboards, printers, modems, programmable telephone dialing devices, andall other computer accessory items and components. Based on the results ofthe investigation, our training, and experience we know the items describedabove in paragraph #2 will be found in the location described in paragraph#1.

In this affidavit the actions and comments attributed to the belowDallas Police Detectives were communicated to me, the Affiant, by thedetectives involved and I believe, in good faith, that information to be trueand correct.

On November 15, 2011, at about 8:20 P.M., Affiant and Detective K.Lang #8605 conducted an investigation of illegal gambling reported to beoccurring at the business located at 1909 ]\II. L. King Jr. Blvd Dallas, DallasCounty, Texas. Affiant and Detective Lang are certified peace officers inthe State of Texas who have previous experience and training in theinvestigation of gambling related offenses.

On November 15, 2011, at about 8:20 P.M., Affiant entered thebusiness, located at 1909 l\!I. L. King Jr. Blvd., in an undercover capacity.Affiant walked into the business and observed three (3) video gambling

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machines, two (2) along the east wall of the business and one (l) along thenorth wall of the business. Affiant observed Suspect # I, described inparagraph #3 behind the counter of the business acting as a clerk.

Affiant then chose a multi-game machine (the first one from the leftwith no numbers attached to it) and placed one ten dollar bill ($10.00) in themachine which registered $10.00 in monetary credits. Affiant chose thegame "Spin Jack 21". Affiant Thomas spent $1.50 on a single play of thedevice and won $6.00. Affiants' winning on a single play of the devicewas over $5.00. Affiant continued to play the device until he had zeromonetary credits left on the machine. Affiant left the location.

Affiant observed the machines to display "payout odds" indicatingthe availability from a single play of the gambling device of winning morethan ten times the amount it cost to play the gambling device once. Affiantbased this observation on the odds printed on the gambling machines and, orthe gambling machine screens. Affiant also made the observation based onwatching other people play various gambling machines. Affiant observedthat all the gambling machines required money to play, recorded credits andbets, were set up to cancel credits after a bet, apparently awarded pay-offsbased on chance and kept track of winnings. Affiant believes the above­described devices are illegal gambling devices (violation of section 47.06 aof the Texas Penal code), and constitute evidence of the crimes of gambling(violation of section 47.02 (a). of the Texas Penal Code), gamblingpromotion (violation of section 47.03a. of the Texas Penal Code), keeping agambling place (violation of section 47.04a. of the Texas Penal Code), andpossession of gambling paraphernalia (violation of section 47.06 (c). of theTexas Penal Code) as defined in Chapter 47 of the Texas Penal Code.

On December 19,2011 about 4:20 P.M., Affiant, K. Lang #8605, andDetective S. Reece #7813 conducted an investigation of illegal gamblingreported to be occurring at the business located at 1909 M. L. KingJr. Blvd Dallas, Dallas County, Texas. Affiant, Detective Lang, andDetective Reece are certified peace officers in the State of Texas whom allhave previous experience and training in the investigation of gamblingrelated offenses.

On December 19, 2011, at about 4:20 P.M., Affiant entered thebusiness located at 1909 M.L. King Jr. Blvd in an undercover capacity.Affiant walked into the business and observed three (3) video gamblingmachines, two (2) along the east wall of the business and one (1) along thenorth wall of the business. Affiant observed Suspect #2, described inparagraph #3 behind the counter of the business acting as a clerk.

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Affiant then chose an multi-game machine (the second one from theleft with no numbers attached to it) and placed one twenty dollar bill ($20),one ten dollar bill ($10) and one five dollar ($5) for a total of thirty fivedollars ($35.00) in the machine which registered $35.00 in monetary credits.Affiant chose the game "Spin Jack 21". Affiant spent $2.00 on several singleplays of the device and made multiple wins. Affiant continued to play thedevice. Affiant was informed by Suspect #2 (as described in paragraph3) that no cash was paid out for any cash payout amount under $20.00.Affiant continued to play the device until it showed twenty one dollars($21.00) in monetary credits. Affiant notified Suspect #2 of wanting to cashout. Suspect #2 informed Affiant that Suspect #1 would have to do the cashout because it was Suspect # I 's register. Suspect # I printed out a cashreceipt form the cash register located behind the counter and wrote down thetime and information from the machine described as machine #2. Affiantwas paid twenty one dollars ($21.00) in U. S. Currency from the registerby Suspect #1 who was working as a clerk. Affiant left the location.

Affiant observed the machines to display "payout odds" indicatingthe availability from a single play of the gambling device of winning morethan ten times the amount it cost to play the gambling device once. Affiantbased this observation on the odds printed on the gambling machines and, orthe gambling machine screens. Affiant also made the observation based onwatching other people play various gambling machines. Affiant observedthat all the gambling machines required money to play, recorded credits andbets, were set up to cancel credits after a bet, apparently awarded pay-offsbased on chance and kept track of winnings. Affiant believes the above­described devices are illegal gambling devices (violation of section 47.06 aof the Texas Penal code), and constitute evidence of the crimes of gambling(violation of section 47.02 (a). of the Texas Penal Code), gamblingpromotion (violation of section 47.03a. of the Texas Penal Code), keeping agambling place (violation of section 47.04a. of the Texas Penal Code), andpossession of gambling paraphernalia (violation of section 47.06 (c). of theTexas Penal Code) as defined in Chapter 47 of the Texas Penal Code.

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On December 21, 2011, Affiant entered the location described inparagraph # 1 of this affidavit and found the business to still be operating inthe same method and manner as previously described in this affidavit.Affiant observed the illegal gambling machines to be operating as previouslydescribed in this affidavit as well as the method of payment for gamblingwinnings being conducted in the same manner.

Wherefore, Affiant asks for issuance of a warrant that will authorizehim to search said suspected place and premises for said personal propertyand seize the sa e and to arrest each said described and accused person.

AFFIANT. ,,~).~IJIrr.fl/

SUBSCRIBED AND SWORN t I~::;" me by said Affiant on this the22nd day of December 2011. ?li ~

DE.C 1 1 10" .

MUNICIPAL JUDGE,DALL~V~~AS

Page 8: Kwik Stop Gambling Search Warrant

THE STATE OF TEXAS

COUNTY OF DALLAS

K\VIKSTOP1909 LVI. L. King Jr. BlvdDallas, Dallas County, Texas

THE STATE OF TEXAS to the Sheriff or any Peace Officer of DallasCounty, Texas, or any Peace Officer of the State of Texas.

GREETINGS:

WHEREAS, the Affiant whose signature is affixed to the Affidavit is aPeace Officer under the laws of Texas and did heretofore this day subscribeand swear to said Affidavit before me (which said paragraphs #1, 2, 3, and 4of this affidavit are by this reference incorporated herein for all purposes),and whereas I find that the verified facts by the Affiant in said Affidavitshow that Affiant has probable cause for the belief he expresses therein andestablishes the existence of proper grounds for the issuance of this Warrant:

NOW, THEREFORE, you are commanded to enter the suspected place andpremises described in said Affidavit and to there search for the personalproperty described in said Affidavit and to seize the same and bring it beforeme. And, you are commanded to arrest and bring before me each persondescribed and accused in said Affidavit. Herein fail not, but have you thenand there this Warrant within three days, exclusive of the day of its issuanceand exclusive of the day of its execution with your return thereon, showinghow you have executed the same.

. ~~W.{III'",

ISSUED AT l ~,r 10 o'clock "?~: ..'J:~~')~ this the 22 day of December;p ·········(1

2011 to certify which witness my hand th~+ y.DEC 2 2 2011

8,.a$1~

Page 9: Kwik Stop Gambling Search Warrant

RETURN AND INVENTORY

THE STATE OF TEXAS

COUNTY OF DALLAS

KWIKSTOP1909 M. L. King Jr. BlvdDallas, Dallas County, Texas

The undersigned Affiant, being a Peace Officer under the laws of Texas andbeing duly sworn, on oath certifies that the foregoing Warrant came to handon the day it was issued and that it was executed on the 22 day ofDecember 2011, by making the search directed therein and seizing duringsuch search the following described items:

Gambling Devices$ U.S. Currency

AFFIANT

SUBSCRIBED AND S\VORN to before me, the undersigned authority, onthis the day of December 2011.

Notary Public in and for Dallas County, Texas

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RETURJ.'i AND INVENTORY

THE STATE OF TEXAS

COUNTY OF DALLAS

KWIKSTOP1909 ~I. L. King Jr. BlvdDallas, Dallas County, Texas

The undersigned Affiant, being a Peace Officer under the laws of Texas andbeing duly sworn, on oath certifies that the foregoing Warrant came to handon the day it was issued and that it was executed on the 22 day ofDecember 2011, by making the search directed therein and seizing duringsuch search the following described items:

3 Video Gambling Devices$361.00 U.S. Currency

Notary -, ublic in and for Dallas County, Texas

SUBSCRIBED AND S\VORN to before me, the undersigned authority, onthis the .2 3M day of December 2011.