VA. CODE ANN. 19.

2-54
RULE3A:27

AFFIDAVIT FOR SEARCH WARRANT

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The undersigned Applicant states under oath:

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1.

CASE NO.

AFFIDAVIT FOR
SEARCH WARRANT

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A search is requested in relation to an offense substantially'described as follows:

APPLICANT:

USE OF COMMUNICATIONS SYSTEMS TO FACILITATE

INVOLVING
CHILDREN IN VIOLATION OF 18.2-374.3, OF THE CODE OF VIRGINIA AS AMENDED. SEE
1
ATTACHEDAFFIDAVITFORFULLDISCLOSURE.

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Jeanette Wagner
NAME

Detective
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TITLE (IF ANY)

4100 Chain Bridge

ADDRESS

Fairfax, Virginia 22030

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ATTACHED SHEET)

2.

Certified to Clerk of

The place, person, or thing to be searched is described as follows:

Property located at the Fairfax County Police Annex Building (Property Room) located at 10600 Page
Avenue, Fairfax, Virginia (Fairfax County) associated with police case number 2015-0490065: Apple
Iphone 6 SIN: F78NF20VG5MM, Property ID: 897656.
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Circuit Court

DATE

TITlE

Original Delivered

to Clerk of

The things or persons to be searched for are described as follows:

by electronically transmitted facsimile

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Circuit Court

CITY OR COUNTY WHERE EXECUTED

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[] in person [] by certified mail

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cellular phone, pertaining to the offense of Use of a Communication System to Facilitate Certain
Offenses Involving Children(Section 18.2-374.3, Code ofVirginia, as amended). See attached
affidavit for full disclosure.

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TITLE

SIGNATURE-

Complete only if different than above:

Copy delivered

in person

[]
to Clerk of
on

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certified mail
by electronically transmitted facsimile

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TITLE

Circuit Court

SIGNATURE
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SEARCH WARRANT
Commonwealth of Virginia

FILENO.

VA. CODE 19.2-56, 19.2-57

TO ANY AUTHORIZED OFFICER:

You are hereby commanded in the name of the Commonwealth to forthwith search either in day or night

Property located at the Fairfax County Police Annex Building (Property Room) located at
10600 Page Avenue, Fairfax, Virginia (Fairfax County) associated with police case number
2015-0490065: Apple !phone 6 SIN: F78NF20VG5MM, Property ID: 897656.

SEARCH WARRANT

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for the following property, objects and/or persons:

cellular phone, pertaining to the offense of Use of a Communication System to Facilitate

Certain Offenses Involving Children (Section 18.2-374.3, Code ofVirginia, as amended). See
attached affidavit for full disclosure.

COMMONWEALTH OF VIRGINIA

V. /In re

Apple iPhone 6

You are further commanded to seize said property, persons, and/or objects if they be found and to produce before
Fairfax Countv
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. Circuit Court
an inventory of all property, persons, and/or objects to be seized.

SEARCH WARRANT is issued in relation to an offense substantially described as follows:

USE OF COMMUNICATIONS SYSTEMS TO FACILITATE CERTAIN OFFENSES

INVOLVING CHILDREN IN VIOLATION OF 18.2-374.3, OF THE CODE OF VIRGINIA
AS AMENDED. SEE ATTACHED AFFIDAVIT FOR FULL DISCLOSURE.
I, the undersigned, have found probable cause to believe that the property or person constitutes evidence of the crime
identified herein or tends to show that the person(s) named or described herein has committed or is committing a crime,
and further that the search should be made, based on the statements in the attached affidavit sworn to by

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AFFADAVIT
IN SUPPORT OF A SEARCH WARRANT OF
Apple iPhone 6

Before the undersigned magistrate, in and for the County of Fairfax,

2015 your Affiant, Detective Jeanette Wagner
26th day of
County Police Department;

this

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Your Affiant has been a Police Officer for over fifteen years in botli'if.3:trol ano
investigative capacity. Your Affiant is currently assigned to the Criminal Investigatf6n
Bureau, Child Exploitation Unit, and is responsible for the investigation of crimes against
children. This includes, but is not limited to, internet crimes and Child Pornography.
Your Affiant has received training involving Internet Crimes Against Children, (ICAC)
and has also received additional training in reference to Child Pornography from the
Federal Bureau of Investigation.
Your Affiant is respectfully requesting a search warrant for property located at the
Fairfax County Police Annex Building (Property Room) located at 10600 Page Avenue,
Fairfax, Virginia (Fairfax County) associated with police case number 20150490065: Apple lphone 6 SIN: F78NF20VG5MM, Property ID: 897656.
This affidavit is based upon information that your affiant has gained from the
investigation as well as information provided to your affiant by other persons during the
course of the investigation thus far. Because this affidavit is being submitted for the
limited purpose of securing a search warrant, your affiant bases probable cause upon the
following facts, although not all information known to your affiant has been included in
this affidavit.
This statement of facts is relevant to the reported felony of 18.2-374.3, Use of
commUnications systems to facilitate certain offenses involving children.; Code of
Virginia, as amended, and which occurred in the County of Fairfax, Virginia.
On November 2, 2014, your Affiant, operating in an undercover (UC) capacity, posted an
adverti,sement (ad) as an underage person on an internet website. the ad stated, No
School!!!! Mon and Tues are teacher workdays!!! My parents will be at work, come
entertain me. Ask my real age if interested ... ;)" On the same date, your Affiant
received an email from an individual who will hereafter be referred to as "DR" that
stated, "I'd love to, if you like older guys. Sane and clean 40yo WM in DC. How old are
you? Xx D." The subject attached an image that he had taken ofhimselfin a mirror
showing a Caucasian male in business attire with a closely manicured beard holding what
appears to be an iPhone. Your Affiant responded stating "I'm 14. Interested?" DR
replied that he is interested, but wanted to switch our conversation to another online
application (app) so that he could receive images straight from the camera instead of the
photo.gallery. This particular .app is a popular social networking app that is typically
used by teens to communicate. One of the features of the app is that when an image is
sent it indicates whether it is originating from the camera or the photo gallery. That
feature makes it difficult for an undercover law enforcement officer to use stock
undercover photos. DR provided his usemame to your Affiant. Your Affiant utilized an
undercover account and attempted to communicate with DR by way of texting. DR

Page 1 of3

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AFFADAVIT
IN SUPPORT OF A SEARCH WARRANT OF
Apple iPhone 6
insisted that a real time camera image be sent. Your Affiant could not provide the real
time image so DR ended the conversation soon after.
On December 5, 2014, your Affiant again posted an ad as an underage

the same internet website. Your Affiant received a response from DR again

"Hi there. 44 yo DILF in de. Happy to get a hotel room today to play, or I
ho_st.
Sane and clean and know what I'm doing. No drama, she's out of town. Xx
subject again attached an image of a Caucasian male in a suit holding what appears to beJ.
an iPhone. Your Mfiant concluded this was the same subject from the aforementioned-.)
-:.
communications and elected not to respond to this email.
/ On February 12, 2015, Your Affiant reached out to DR VIA the l:lsernanie
previously used to communicate. Your Affiant made arrangements for a female Fairfax
County Police Officer to provide undercover photos that DR had previously requested.
These images were taken in such a way that _the female officers appeared to be a young,
teenage girL DR informed your Affiant that his name was Dan and he asked for a live
camera image. One was provided to him VIA the female officer and again your Affiant
stated that she was fourteen years old and in high school. The
continued to
vary between communications that were casual and sexual in nature.
An administrative subpoena was sent to the company operating the
communications app requesting the users Internet Protocol (IP) logs for this particular
user. The company responded with the IP log and a follow up subpoena was sent to
Comcast internet provider for the specific IP address that appeared to be a residence. The
internet provider responded with the subscriber information for that
IP address
and identified the account as belonging to Daniel Rosen,
Washington DC. Your Affiant obtained a Washington DC Department of Motor
Vehicles photograph for Mr. Rosen and confirmed it was the sam<r person observed in the
images that were previously sent to your Affiant.
!
The text conversation continued for a period of time and arrangements to meet
and have sexual intercourse developed. Mr. Rosen was very hesitant to meet until he had
proof that he was texting with a real live fourteen year old. Substantial efforts were made
to provide Mr. Rosen with the proof he was requesting. When one such requested proof
was sent to Mr. Rosen, he stated "Good. Now let's get naked lol." At a later time, Rosen
stated the following, "Maybe I'll use it when I'm behind you, your ass in the air ... And
wrap it around your neck and hold on to it ... You want to learn how to suck my cock
better, I'll teach you"
In the evening of February 23, 2015, Mr. Rosen decided that the risk of your
Affiant being an undercover police officer was too great and cancelled the meeting.
After cancelling the meeting, he continued to chat VIA the app until shortly before his
arrest. On February 24, 2015, Your Affiant swore out an arrest warrant for Use of a
Communications Device to Solicit a Minor within Fairfax County and coordinated with
Detectives from Metropolitan Police Department to affect an arrest. Your Affiant was
present 1 for the arrest and recovered Mr. Rosen's Apple !phone 6 from his front left
pocket upon the search of his person.
The phone was seized to prevent possible destruction of evidence that your Affiant had
reason to believe was contained therein. During an interview with Mr. Rosen subsequent

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Page 2 of3

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AFFADAVIT
IN SUPPORT OF A SEARCH WARRANT OF
Apple iPhone 6
to his arrest and after Miranda Rights had been read, he provided consent to your Affiant
to view the photos contained in his iPhone. Mr. Rosen was present and looked at the
photos with your Affiant. Your Affiant observed several photos that had been taken and
sent to your Affiant during the investigation. The phone was seized and packaged as
evidence in the Fairfax County Property room. The phone was identified as an Apple
Iphone 6 SIN: F78NF20VG5MM, Property ID: 897656. The device is currently stored at
the Fairfax County Police Property Room, 10600 Page Avenue, Fairfax, Virginia (Fairfax
County).
Your Affiant knows from training and experience that an Apple iPhone 6 is capable of
operating the application
to conduct communications with Daniel Rosen during':fbis
6
investigation. Your Mfiant personally observed images stored on Mr. Rosen:'s
1B.is
that had been sent during the aforementioned communications. Your
indicates that the messaging application is also located on this device.

knows that the communications conducted through this application

retrievable even if they have been deleted. your Affiant believes there is preb?.ble cause
to believe that the Apple iPhone 6 seized from Mr. Rosen's person was the
conduct these communications and still contains evidence supporting this offensf
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Wherefore, your affiant respectfully requests a search warrant for 10600 Page Avenue,
Fairfax, Virginia (Fairfax County) associated with police case number 2015-0490065
Property ID: 897656, an Apple iPhone 6, authorizing the seizure and search of the
following items;
All files contained therein to include, but not limited to, images, registry and device
information, applications, and all electronic communications

Criminal Investigations Bureau

Fairfax County Police Department

Subscribed and sworn to before me this 26th day ofFebruary 2015 at

c2-ltf-PM.

MAGISTRATE

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COMMONWEALTil OF\t!RGINIA

Va. Code 19.2-71,-72

[x] General District Court [X] Criminal [ ] Traffic

[ ] Juvenile and Domestic Relations District Court

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CASE

W APJU.NT OF ARREST- FELONY

ACCUSED:

CI1Y OR COUNIY

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LAST NAME, FIRST NAME, MIDDLE NAME

TO ANY AUTHORIZED OFFICER:

ADDRESS/LOCATION

You are hereby commanded in the name ofthe Commonwealth ofVirginia forthwith to arrest and
on or about

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did unlawfully and feloniously in

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bring the Accused before this Court to answer the charge that the Accused, within this city or county,
of Section

RACEI SEX

............................................................................................................................................ , Code of Virginia:

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COMPLETE DATA BELOW IF KNOWN

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while being a person 18 years of age or older, use a communications system or another electronic means, for the
purposes of soliciting, with lascivious intent, a person the accused knlillfOr had reason to believe was a child less
than 15 years of age to knowingly and intentionally propose to such child the perfOrmance of an act of sexual
intercourse, anal intercourse, cunnilingus, fellatio, or anilingus or an act constituting an offense under 18.2-361.
The accused is seven or more years older than the child the accuse.ew or had reason to believe was a child less
than 15 years of age who was the subject of the solicitation. *UNDERCOVER OPERATION*

Hearing Date/Time

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by arresting the Accused named

on this day:

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DATE AND TIME OF SERVICE

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SHERIFF

I, the undersigned, have found probable cause to believe that the Accused committed the offense
charged, based on the sworn statements of

Attorney for the Accused:

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DATE AND TIME ISSUED

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[)CLERK v[X] MAGISTRATE

Claude J. Beheler

is Required
v:-312 (MASTER, PAGE ONE OF TWO) I 0/13

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Short Offense Description (not a le_gal definition):
COMPUTER-SOLICIT CHILD<15 ACC>=7YRS SEXISODOM'1

Offense Tracking Number:

FELONY

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FOR ADMINISTRATIVE USE ONLY

Virginia Crime Code:

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OBS-3702-F9