III.   REFERENCE   A.     DRAFTING TIPS/CHECKLIST   B. PRACTICAL CASE   C. SAMPLE AFFIDAVIT   A.     DRAFTING TIPS/CHECKLIST   1.     The entire page on the search warrant form entitled "Affidavit," is the responsibility of the law enforcement officer. When completed, it must be signed under oath, and is the statement of probable cause on which the warrant is based. This page may be handwritten or typed (preference for typing), and because of limited space, the statement of probable cause may be prepared on a separate page(s) and incorporated into the affidavit form by use of words "Information sworn to in the attached affidavit." This phrase should be written under the heading "Reason for Affiants Belief…." The separate page(s) is then captioned "Affidavit" and securely fastened to the affidavit form. The language used in drafting a statement of probable cause should be plain and specific. Names, times, dates, addresses, events, etc., should be set out in detail. For better organization and ease of reading, use a separate paragraph for each item of probable cause, or at least a separate paragraph for each source of information. The paragraphs can be numbered. Avoid using excessive language and police "lingo."   2. To constitute probable cause for a search, three conclusions must be supported:   a.     An offense has been committed,   b.     Items sought are connected with the criminal activity, and   c.     Items will presently be found in the place to be searched.   3. If information being used is within the personal knowledge of the affiant, make this fact clear.   4. If information being used is hearsay to the affiant, identify any sources (except confidential informants) clearly, by name, address and other data that will tend to show how the source acquired the related information.   5. Do not, by implication or otherwise, claim credit for information as being firsthand when it is actually hearsay. Hearsay grows weaker rapidly with each person involved.   6. Information from confidential informants can be used as follows:   a.     Totality of Information Test: If the source provided specific and detailed information which can be verified by independent law enforcement investigation, the magistrate can accept the "totality of information" as his basis for a determination of probable cause.   b.     "Two Pronged Test": Enhance the credibility of informant information by providing "some of the underlying circumstances: to show (1) how the source obtained the information in this case, and (2) additional information to show source is a reliable-credible person. Although no longer a separate and independent requirement, the "two pronged test" is useful in the determination of probable cause.   7. Corroboration of informant information, in whole or part, is absolutely necessary. The officer's own observation or reports from other reliable sources can be used. Be sure informant information and corroboration are recent. Information over 2-3 weeks old is usually considered "stale."   8. Never make "bald" or conclusory statements. Support all information with details properly credited.   9. Describe the premises to be searched in such complete detail that no officer, even one completely unfamiliar with the case involved could make a mistake with respect to what premises he has authority to search. In an urban area, describe premises: by street and number, type of building (residence, office building, factory, etc., with any other descriptive numbers), description of building (number of stories, type of construction, color, material, etc.). In rural areas, describe with as many of the above details as are pertinent, plus names and numbers of highways, farmroads, lanes, directions and distances from other named premises and other established landmarks.   10. Property, which you wish to search for and seize, must be described "particularly." Descriptive data, such as trade name, model, serial number, dimensions, shape, colors, scars and marks, distinguishing features, tags, etc., must be such that it would permit the searching officers to distinguish the property from other property having some of the same characteristics.   Include a direction to look for the following:   a.     Supporting paraphernalia and apparatus,   b.     Articles of personal property tending to establish the identity of persons in control or areas lawfully searched, and   c.     U.S. currency where money is the fruit of the offense (narcotics, gambling, sale of stolen property, etc.). The money is seizable as fruits will tend to show the extent of the criminal operation and may be subject to forfeit.   B. PRACTICAL CASE             You are an experienced detective employed by the Dentsville Police Department. You are in possession of the following information:   1. Phone call on August 30, 2000, from the Spartanburg County Sheriff's Office, Captain Mike Starr, with the following: Ross Manufacturing Company, Fairforest, S.C., reported the theft of approximately 900 pairs of Wrangler Blue Jeans from the plant loading dock between the hours of 12 Midnight and 6:00 a.m., on August 28, 2000. Jeans are described as "Willie Nelson" style, assorted sizes from 28 regular to 38 full cut, packaged 6 pairs of the same size in plastic wrapping, 18 pairs to a large brown cardboard carton approximately 22" long, 15" wide and 18" high, with bold, black lettering on side of carton "Willie's Own." Wholesale price at the factory is $12.50 per pair; retail prices $25-$32 per pair. A confidential source advised Captain Starr on August 28, 2000, that he overheard a conversation between Lester "Snake" Henderson and another person on August 27, 2000, to the effect that Henderson planned to steal several boxes of Wrangler Blue Jeans from the Ross Manufacturing Co. in Fairforest, S.C., where Henderson was formerly employed. Henderson was observed by the source driving a Ryder Rental Van. On August 28, 2000, Plant Security Officer, Jim Bob Pinkerton, advised Captain Starr he encountered former employee Lester Henderson at Gate #4, on Fairforest Road, at about 9:30 p.m., on August 27, 2000, as Pinkerton was locking up for the evening. They had no conversation and Henderson, who was driving a Ryder Rental Van, drove off a short time later. Personnel records of the Ross Manufacturing Co. were reviewed by Captain Starr on August 28, 2000, and contained the following information concerning Henderson: Lester James Henderson, DOB 3-12-60, White, Male, Ht. 5'11", 155 lbs., brown hair, blue eyes, Residence, Route 1, Duncan, S.C., employment terminated June 14, 2000, because of reduction in work force. Forwarding address, 9436 Percival Road, Lot #31, Dentsville, S.C., 29223.   2. Mrs. Jane Smith, Manager, Forest Lake Mobile Home Park, 9436 Percival road, Dentsville, advised you of some suspicious activity at Lot #31. This lot and unit are occupied by James Henderson who recently took over the lease from a relative. Yesterday Henderson was driving a Ryder Rental Van and was in and out of the park several times. During the late afternoon she observed Henderson and another man unloading cardboard boxes from the van into the mobile home. Lot #31 is located on the left side of the entrance street about halfway to the rear fence. It is marked by a wooden sign, "31" located on the end of the mobile home facing the street. (It is desirable to protect the identity of Mrs. Smith, who by reason of her employment has provided valuable information to the Dentsville Police Department in the past.)   3. On August 31,2000, Mrs. Linda Thompson, Customer Service, Ryder Truck Rental, 965 Bluff Road, Columbia, S.C., advised that Ryder GM Van, Unit #26, S.C. License BDD-644, was leased to L.J. Henderson, Henderson Delivery Service, 9436 Percival Road, Dentsville, S.C. under two weeks lease, dated August 23, 2000, and is due back September 5, 2000.   4. On August 31, 2000, Harry Marks, owner of "Crazy Harry's Jeans" in Decker Mall, Dentsville, S.C., advised he was approached yesterday, on August 30, 2000, by an individual called "Snake," who offered to sell Marks some Wrangler Jeans at $8.00 per pair. Marks saw a package of 6 pairs and described them as authentic "Willie Nelson" style jeans that sell wholesale for $12.50 per pair. Although he has traded or sold excess stock to other retailers, he believed there was something wrong with this offer and declined to buy the jeans. He described "Snake" as a W/M late twenties, 5'10" tall, slender build, believed to be driving a yellow van.   5. On August 31, 2000, Mr. James Golden, Manager, Ft. Knox Mini Storage, 3910-B, Decker Blvd., Dentsville, advised he leased Unit #210 to James Henderson of Forest Lake Mobile Home Park, on August 28, 2000. Henderson advised him he was moving from Greenville to Dentsville and needed temporary storage for about 6 weeks. He was driving a Ryder Rental Van and unloaded some boxes into the leased storage unit.   6. You contact an individual who was arrested with Henderson about 5 years ago. This individual was cooperative but had never provided information to the Dentsville Police Department. There has been no opportunity to evaluate his informant potential.   The source advised as follows on August 31, 2000:   Lester James "Snake" Henderson recently moved back to Dentsville after living in the upstate for a couple of years. Henderson told source he "ripped off" a blue jean factory where he used to work and has 50 boxes of jeans which he has been trying to sell. Source observed some of the jeans yesterday, August 30, 2000, in Henderson's mobile home at Forest Lake Mobile Home Park. A few boxes were also observed in a small, red, metal, storage shed located at the rear of lot #31. Henderson also told him some of the jeans were in the Ryder Rental Van he used to bring the jeans to Dentsville and the remainder were stored at the Ft. Knox Mini Storage, Decker Blvd., Dentsville. Late yesterday, Henderson told source, if he could not sell the jeans by tomorrow, he wanted source to help him load all of them into the van to be taken to Myrtle Beach where he would try to arrange a sale. (Protect the identity of this potential criminal informant). Pursuant to a call from this source at 3:00 p.m., August 31, 2000, you establish a physical surveillance of the Ft. Knox Mini Storage facility from an adjacent parking lot. At about 6:30 p.m., a Ryder Rental Van, Unit #26, S.C. license BDD-644, entered the storage complex and the informant and Henderson loaded 16 large paper board cartons from unit 210 into the van. The van departed the storage area at 6:55 p.m. and headed east on Decker Blvd. toward Percival Road.       C. SAMPLE AFFIDAVIT STATE OF SOUTH CAROLINA) AFFIDAVIT COUNTY OF       RICHLAND      )         Personally appeared before me, one     John Murphy Ryan     who, being duly sworn, says that there is probable cause to believe that certain property subject to seizure under provisions of § 17-13-140, 1976 Code of Laws of South Carolina, as amended, is located on the following premises in this County: DESCRIPTION OF PROPERTY SOUGHT A large number, believed to be 900 pairs of Wrangler mens blue jeans, further described as "Willie Nelson" style, Lot M106, assorted sizes from 28 regular to 38 full cut, packaged 6 pairs of same size in clear plastic wrapping and packed 18 pairs (3 packages of 6) to a large brown cardboard carton with dimensions 22" long, 15" wide, and 18" high and with bold lettering on side of carton "Willie's Own." DESCRIPTION OF PREMISES (PERSON, PLACE OR THING) TO BE SEARCHED Lot #31, Forest Lake Mobile Home Park, 9436 Percival Road, Dentsville, S.C. further described as a Peach Tree Mobile Home, cream color with brown trim, dimensions 40' x 14' with large wooden sign "31" on end of mobile home and the surrounding grounds and any storage areas, trash containers or other outbuildings thereon. REASON FOR AFFIANT'S BELIEF THAT THE PROPERTY SOUGHT IS ON THE SUBJECT PREMISES Information sworn to in the attached affidavit.                                                                                       Sworn to and Subscribed before me this     31st     day of     August     , 20 00 . ___________________________ (L.S.)       Signature of Judge     __________________________________   Affiant   Address            9500 Two Notch Road                                           Dentsville, S.C.                           Phone                  788-1000                                    AFFIDAVIT I, John Murphy Ryan, being duly sworn, depose and say: I am a police officer, certified in South Carolina. I have been employed by the Dentsville Police Department for 13 years, the last six years as an investigator/detective. I am authorized to make searches and seizures. (1)     On 8/30/00, affiant received the following information from Capt. Mike Starr, Spartanburg County, S.C. Sheriff's Office: On 8/28/00, Mr. Steven Ross, General Manager, Ross Manufacturing Company, Fairforest, S.C., reported the theft of approximately 900 pairs of Wrangler Blue Jeans from the plant loading dock between the hours of 12 midnight and 6:00 a.m. on August 28, 2000. The jeans are described as "Willie Nelson" style, Lot M106 assorted sizes from 28 regular to 38 full cut, packaged 6 pairs of same size in plastic wrapping, 18 pairs to a large brown cardboard carton approximately 22" long, 15" wide and 18" high, with bold, black lettering on side of carton, "Willie's Own." Wholesale price at the factory is $12.50 per pair, retail price is $25 - $32 per pair. (2)     A confidential source advised Captain Starr on 8/28/00 that he overheard a conversation between Lester "Snake" Henderson and another person on 8/27/00 to the effect that Henderson planned to steal several boxes of Wrangler Blue Jeans from the Ross Manufacturing Company in Fairforest, S.C., where Henderson was formerly employed. Henderson was observed by the source driving a Ryder Rental Van. This source has provided accurate information to the Spartanburg County Sheriff's Office for more than 2 years. The source has never provided false information, and during the past four months information received from this source led to the arrest of 3 fugitives and provided valuable leads in a major theft case. This information was not available from other sources. To disclose additional information regarding this source could possibly tend to identify the source. It is necessary to conceal the identity of this source to protect the source from harm and to ensure future usefulness to the Spartanburg Sheriff's Office. (3)     On 8/28/00, Plant Security Officer, Jim Bob Pinkerton, advised Captain Starr he encountered former employee Lester Henderson at Gate #4, on Fairforest Road at about 9:30 p.m., 8/27/00, as Pinkerton was locking up for the evening. They had no conversation and Henderson, who was driving a Ryder Rental Van, drove off a short time later. (4)     Personnel records of the Ross Manufacturing Company were reviewed by Captain Starr on 8/30/00, and contained the following information concerning Henderson: Lester James Henderson, DOB 3/12/60, White, Male, Ht 5'11", 155 lbs., brown hair, blue eyes, residence, Route 1, Duncan, S.C. Employment terminated 6/14/00 because of reduction in work force. Forwarding address, 9436 Percival Road, Lot 31, Dentsville S.C., 29223. (5)     On August 31, 2000, a good citizen source advised the affiant that James Henderson currently resides at Lot #31, Forest Lake Mobile Home Park, 9436 Percival Road, Dentsville, S.C. Henderson was seen driving a Ryder Rental Van within the past 3 days. This source is in a position to make the above information available to the Dentsville Police Department. This source has no criminal record, is currently employed, and is not furnishing the information for money or other consideration. Any additional information concerning the source would tend to identify this source and jeopardize the source's future usefulness to law enforcement. (6)     Affiant observed Lot #31, Forest Lake Mobile Home Park, 9436 Percival Road, Dentsville, S.C. on August 31, 2000, and it is described as follows: A Peach Tree Mobile Home, cream color with brown trim, dimensions 40' x 14', with a large wooden sign, "31" located on the end next to the street. At the rear of Lot #31 is a small, red, metal storage building shaped like a barn and with dimensions of approximately 6' x 8'. (7)     On August 31, 2000, Mrs. Linda Thompson, Customer Service, Ryder Truck Rental, 965 Bluff Rd., Columbia, S.C., advised affiant that Ryder GM Van, Unit #26, S.C. License BDD-644, was leased to L.J. Henderson, Henderson Delivery Service, 9436 Percival Road, Dentsville, S.C., under a two week lease, dated August 23, 2000, and is due back September 5, 2000. (8)     On August 31, 2000, Harry Marks, owner, "Crazy Harry's Jeans," Decker Mall, Dentsville, S.C., advised affiant he was approached by an individual called "Snake," who offered to sell Marks some Wrangler Jeans at $8.00 per pair. Marks saw a package of 6 pairs and described them as authentic "Willie Nelson" style jeans that sell wholesale for $9.50 per pair. Marks did not buy the jeans. He described "Snake" as a W/M, late twenties, 5'10" tall, slender build, believed to be driving a yellow van. (9)     On August 31, 2000, Mr. James Golden, Manager, Ft. Knox Mini Storage, 3910-B, Decker Blvd., Dentsville, advised affiant he leased Unit #210 to James Henderson of Forest Lake Mobile Home Park earlier this week. Henderson advised him he was moving from Greenville to Dentsville and needed temporary storage for about 6 weeks. He was driving a Ryder Rental Van and unloaded some boxes into the leased storage unit. (10)     A confidential source was contacted for the first time on August 31, 2000, and provided the following information: Source has first hand information that within the past 3 days, several boxes of stolen blue jeans were stored in a mobile home at Lot 31, Forest Lake Mobile Home Park on Percival Road. Source further advised that "Snake" Henderson resides at this address. Affiant contacted this source for the first time on 8/31/00. Information provided by the source was specific and detailed. It included information that had already been provided by other sources and reported elsewhere in this affidavit. The information has been verified by contact with other reliable sources and by personal observation of the affiant. Although affiant is unable to evaluate the reliability-credibility of this source, it is believed the information is accurate. The identity of this source should not be revealed in order to protect the source from physical harm and to ensure future usefulness to law enforcement. (11)     Affiant established a physical surveillance of the Ft. Knox Mini Storage facility from an adjacent parking lot on 8/31/00. At about 6:30 p.m. a Ryder Rental Van, Unit #26, S.C. License BDD-644, entered the storage complex and two men were observed loading 16 large paper board cartons from Unit 210 into the van. The van departed the storage area at 6:55 p.m. and headed east on Decker Blvd. toward Percival Road.   __________________________________   Affiant Sworn to before me, and subscribed in my presence.   __________________________________   Magistrate The preceding affidavit is sufficient to support separate search warrants for Unit #210, Ft. Knox Mini Storage and the Ryder Rental Van. Additionally, the van can be searched without a warrant under the "Carroll Rule," or vehicle exception to the warrant requirement.