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OKANOGAN COUNTY DISTRICT COURT
BEFORE CHRIS CULP JUDGE
SEARCH WARRANT
dOCf DOd I
CASE NO 09 01 50
TO ANY PEACE OFFICER IN THE STATE OF WASHINGTON
I
Upon the sworn affidavit of James
probable cause to believe that
X
me
it appears that there is
Evidence of a crime andor
Contraband the
Weapons
under control
certain
premises
other
or
reasonably
are
S Brown made before
of
fruits
crime
things by
or
means
things
otherwise
of which
a
criminally possessed
crime has
been committed
andlor
or
appears about to be committed
or
in the
vehicles
possession
or
person
s
of some person s and are concealed in or on
within Okanogan County Washington hereinafter
described
2
YOU ARE COMMANDED TO
X
Search said
premises
vehicles
or
person
s
already federally seized
computer equipment and their contents
The current location ofthe
violations
specifically
described
as
follows
under search warrant for federal
ICE DHS Office of Investigations
Digital Forensics
33643 Highway 97
Oroville WA 98844
requested at this time is only for property and evidence already in law
enforcement custody from an earlier federal search warrant and is to search for evidence
in addition to and or outside ofthe scope ofthat original warrant
The warrant
SEARCH
Page
erR 2
3
WARRANT
1
of 3
These computers and contents belong to Tom and Erin White of 110 Lookout Mountain
Road Twisp and to Bill and Suellen White of40 Lookout Mountain Road Twisp The
computt and
rs
contents were seized from these residences
b
U
f
X
Seize the
following property specifically
h
l
GvU
on
February
WIU
described
as
j
25
tv
2009
l GC
follows
1
Digital evidence which includes electronic files digital images and media
containing depictions of wildlife and hunting and trapping related activity to
include depictions of hunting dogs locations of that hunting trapping and
wildlife possession and the equipment dogs and vehicles used in the activity
and the persons participating in those activities
2
Digital
evidence of electronic communication
commonly
referred to
as
E
chat messages
texting messages and other electronic data that would
indicate the participation in unlawful wildlife related activities and by whom
mails
these acts
and
were
done and would also indicate the
of any communication
digital depictions
digital files to any electronic communications which
include depictions of wildlife trapping and hunting activity and the disposition
ofthe animals depicted
3
Any
included
4
Log
files and transaction
or
provider activity
attached
history
sought in
Image
files
that indicates which
receive communications related
5
origin
data
containing
computer
was
indicating
internet service
used to transmit and or
to the electronic files and
digital
media
being
this warrant
files
Marcus Munn
by Special Agent
as
part of the computer forensics
process
andor their
which include but
6
Computer systems
a
Any computer equipment and storage device capable
further
b
or
components
Any computer equipment
processing equipment
scanners
SEARCH
Page
3
of being used to commit
used to facilitate the transmission creation
encoding
storage of data including word
stations
monitors printers plotters
docking
2
limited
store evidence of the offense listed above
or
erR
are not
WARRANT
2
of 3
encryption
display
modems
devices and
optical
to
c
Any magnetic
electronic
or
floppy disks hard disks tapes CD ROMs
printer or memory buffers smart cards PC
dialers electronic notebooks and
d
e
personal
Any documentation operating logs
of the computer
equipment
device
optical storage
capable
CD R CD RWs DVDs
optical
as
disks
cards memory calculators electronic
digital assistants
and reference manuals
storage devices
or
regarding
the
operation
software
Any applications utility programs compilers interpreters
used
of storing data such
and other software
facilitate direct or indirect communication with the computer hardware
storage devices or data to be searched
f
to
Any physical keys encryption
are
necessary to
gain
access
to
devices
dongles and similar physical items that
equipment storage devices or data
the computer
and
g
Any passwords password files test keys encryption codes or other information
necessary to access the computer equipment storage devices or data
3
Safely keep
4
Return this
the
property
warrant to
must include
an
seized
the
inventory
undersigned judge promptly following
issuance
The return
of property seized
A copy of the warrant and a receipt for the property taken shall be given to the person
from whom or from whose premises property is taken If no person is found in possession a
copy and
receipt
shall be
Cvtl
DATED
conspicuously posted
05
at the
place
where the
jJ f
JUDGE
SEARCH
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2
3
WARRANT
3
of 3
property
is found
i
fi3
a
I
j
1
unJ ton
J
O
AN
p
N C
G
I
OKANOGAN COUNTY DISTRICT COURLQlsr
10
IJ
J
UNTY
g LI L
AFFIDA VIT FOR SEARCH WARRANT
CASE NO 09 0150
STATE OF WASHINGTON
JJ ocA
ss
COUNTY OF OKANOGAN
The
undersigm
I
I
am
d
on
1
oath states
James S
Brown Enforcement
Sergeant
with
of Fish and
Washington Department
Wildlife
2
That affiant believes evidence
I
2
Unlawful
classified
closed
season
Illegal
use
to the
crime
of Endangered Wildlife
Hunting
Wolf
relating
as an
endangered species
per RCW
of body
15
77
of
s
by taking
andlor
possession
under WAC 232 12 0l4
of a Gray
during
the
l20
gripping traps
to
trap
a
wild animal
Gray Wolf
under RCW
7715 190
3
Unlawful
15
77
hunting
of bobcat
andor cougar with
the
use
of
dogs
per RCW
245
to wit
X
Evidence ofa crime describe
1
Digital evidence which includes electronic files digital images and media
containing depictions of wildlife and hunting and trapping related activity to
include depictions of hunting dogs locations of that hunting trapping and
wildlife possession and the equipment dogs and vehicles used in the activity
and the persons participating in those activities
2
Digital
mails
evidence
of electronic communication
chat messages
texting messages
AFFIDAVIT
FOR
Page
erR
2
3
SEARCH
1
of
24
commonly
referred
to
as
E
and other electronic data that would
WARRANT
i
indicate the
these acts
and
3
in unlawful wildlife related activities
participation
were
done and would also indicate the
origin
and
by
whom
of any communication
digital depictions
Any
included
include
or
attached
digital files to any electronic communications which
trapping and hunting activity and the disposition
of wildlife
depictions
depicted
ofthe animals
4
Log files and transaction history files containing
provider activity that indicates which computer
data
was
indicating
used to transmit and or
receive communications related to the electronic files and
5
sought
in this warrant
Image
files
by Special Agent
Marcus Munn
as
internet service
digital
media
being
part of the computer forensics
process
6
Computer systems
a
Any computer equipment
further
b
or store
andlor their components which include but
and
storage
device
capable
are
not limited to
of being used to commit
evidence ofthe offense listed above
Any computer equipment used to facilitate the transmission creation display
encoding or storage of data incl uding word proccssing equipment modems
docking
stations monitors
printers plotters encryption devices
and
optical
scanners
c
Any magnetic
electronic
or
optical storage
device
capable
of storing data such
as
floppy disks hard disks tapes CD ROMs CD R CD RWs DVDs optical disks
printer or memory buffers smart cards PC cards memory calculators electronic
dialers electronic notebooks and personal digital assistants
d
Any
documentation
ofthe
e
operating logs and reference manuals regarding
computer equipment storage devices or software
Any applications utility programs compilers interpreters
the
operation
and other software
used to facilitate direct
storage devices
f
or
or indirect communication with the computer hardware
data to be searched
Any physical keys encryption devices dongles and similar physical items that
arc
necessary to gain access to the computer equipment storage devices or data
and
AFFIDAVIT
erR
2
3
FOR SEARCH
Page 2 of 24
WARRANT
g
Any passwords password files test keys encryption
necessary to access the computer equipment storage
Contraband
the fruits of
a
things
cnme
or
means
of which
codes
or
devices
otherwise
pther
information
data
or
criminally possessed
consisting oj
Weapons
or
reasonably
other
things by
a
crime has been committed
appears about to be committed describe
Are concealed in OKANOGAN COUNTY WASHINGTON
X
Certain
premises
already federally seized
computer equipment and their contents
lCEIDHS Office
on or
about
under search warrant for federal
ofInvestigations
Forensics
Digital
33643
in
describe
The current location ofthe
violations
or
Highway
97
OroviIle W A 98844
The warrant
requested at this time is only for property and evidence already in law
custody from an earlier federal search warrant and is to search for evidence
to and or outside of the scope ofthat original warrant
enforcement
in addition
These computers and contents belong to Tom and Erin White of I 10 Lookout Mountain
Road Twisp and to Bill and Suellen White of40 Lookout Mountain Road Twisp The
computers and
White is the
contents were seized from these residences
son
on
February 25
2009
Tom
ofBill White
Vehicles describe
Person
3
s
Description
s
That affiant s belief is based upon the
X
See attached and
following
incorporated
facts and circumstances
statement of
probable
cause
Brown
AFFIDAVIT
FOR
Page
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2
3
SEARCH
3 of 24
WARRANT
of
Sergeant
James S
I James Brown
to
supervising
am a
fully
commissioned Fish and Wildlife Law Enforcement
Fish and Wildlife Enforcement Officers in
General
Authority
Okanogan County
Sergeant assigned
I have full Police
Police Officer under the laws ofthe State of Washington
powers
as a
Deputy
Sheriff with the Skamania
Sheriff
from 1988 to 1992 and 1
1
was
a
County
Department
Washington Fish and Wildlife Officer from 1992 to 1998 From
July 1998 to July 2000 during a period of budget cuts 1 was a Deputy Sheriff and major crimes
Detective for the Lewis County Sheriff Department and was so employed for 2 years I was
re employed by Washington Fish and Wildlife as an Officer and then a Sergeant supervising
Officers in July 2000 to the present My time as a Washington Department ofFish and Wildlife
Enforcement Officer and Sergeant is about 17 years I am also currently fully commissioned as a
Deputy Sheriff with the Okanogan County Sheriff Department I have investigated stolen
property arson burglary robbery wildlife related violations crimes against persons and
narcotics cases in each agency leading to hundreds of arrests in that time
was a
Fisheries Patrol Officer and
In 1989 I
completed the 440 hrs of Basic Law Enforcement Academy as prescribed by the
Washington State Criminal Justice Training Commission I am a graduate of the 32 hr U LUS
Coast Guard Advanced Boating Accident Investigation Course I am a graduate ofthe 76 hr
Washington State Patrol Detective Basic School including training in search warrant preparation
and execution I have completed the 40 hour Basic Homicide lnvestigator s Course and the
Child Abuse Investigator s Course from the Washington Criminal Justice Training Commission
Included in the Homicide and Detective schools I received training from WSP in identification
and investigation of Clandestine Methamphetamine Laboratories from their lab response
personnel 1 am a graduate ofthe National Hunting Incident Investigation Academy at
Warrensburg MO
In my time with all these
agencies
State and Federal search warrants
I have
on
participated in
the
preparation
and service of over 43
State and Indian Reservation lands
leading
to over 150
arrests in
drug firearm property crime assaultlhomicide robbery health and fish and
wildlife offenses Specific to drug arrests I have participated in serving 9 search warrants for
methamphetamine production sites and have
marijuana distribution or growing operations
X
Other persons
providing
written and served 5 search warrants for indoor
all
leading
to
multiple arrests
the affiant with information
US Fish and Wildlife Service
Immigration
and Customs
Omak Police
Sergeant
Special Agent Charles Corky Roberts
Enforcement Special Agent Marcus Munn
Sean Isaac
WDFW Enforcement Officer Brent
The affiant s
investigation
into these wildlife crimes stemmed from
AFFIDAVIT
FOR
Page
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2
3
Scherzinger
SEARCH
4
of 24
an
incident where
WARRANT
on
December 23 2008 in
Okanogan County Washington WDFW Officer Brent Scherzinger was
dispatched to a bleeding package at a local FedEx shipping outlet at Anchor Printing at Wal
Mart in Omak Upon his arrival Officer Scherzinger was met by Omak PD Officer Busching
who had responded to the initial 9l call from the shipper and had subsequently requested
WDFW officer response Found inside the bleeding package was what appeared to be an
unlawful unprocessed and un tanned pelt of a gray wolf a federally and state listed endangered
species This item and packaging was seized by the WDfW Officer and placed into our evidence
at the Okanogan Office
with the US Fish and Wildlife Service that agency is the primary investigator of
criminal violations involving endangered species in this case the Gray Wolf Therefore Special
By agreement
Agent
the
Charles
Roberts of the USFWS contacted and
Corky
investigation
chronology of events in
case
Below is
his
a
was
assigned
Act 16 U S C 1538
person subject to the
any such
summary provided by
into the federal violations
The
Endangered Species
of the United States to
jurisdiction
species
l
a
The
unlawfully take
or
possess
or
in the United States
Lacey Act
possessed transported
Endangered Species
Act states it shall be unlawful for any
The U S Fish and Wildlife Service has jurisdiction to enforce the
3372
on
investigation
The U S Fish and Wildlife Service has jurisdiction to enforce the
transport
to assume the lead
Roberts of relevant facts and law anda
makes it unlawful to
export
sold in violation of any
Lacey
wildlife that
underlying federal
was
or
Act 16 U S C
taken
tribal law
or
regulation
The U S fish and Wildlife Service has jurisdiction to enforce the
3372 d
I
which states at follows
false record account
plant
which has been
purchased
or
label for
or
is intended to be l
received from any
Act 16 U S C
It is unlawful for any person to make
or
or
Lacey
or
submit any
any false identification of any fish wildlife
imported exported transported
or
sold
foreign country
The U S fish and Wildlife Service has jurisdiction to enforce Title 18 United States
Code Section 554
Whoever
Smuggling goods from
fraudulently
to
contrary
to any law or
or
in any
article
or
contrary
manner
or
knowingly exports
regulation
facilitates the
to any law
or
regulation
3
or
same
or
receives conceals
concealment
object prior to exportation knowing the
or
or
object
buys
sells
sale of such merchandise
to be intended for
exportation
ofthe United States shall be fined under this title
FOR
Page
2
sends from the United States
ofthe United States
transportation
AFFIDAVIT
erR
or
send from the United States any merchandise article
attempts
export
or
the United States which states as follows
SEARCH
5 of
24
WARRANT
imprisoned
not more than 10 years
or
both
The gray wolf Canis lupus is listed in Title 50 Code of Federal
17 11
as an
Washington
endangered species
in
Washington
Administrative Code 232 12 014
The gray wolf Canis lupus is listed under
International Trade in
as an
II ofthe Convention
a
or
valid export
shipment
representative
U S Customs
such cannot be
as
United States Fish and Wildlife Service and declares the
Inspector
under state law
Endangered Species
CITES and
the United States unless the exporter in part obtains
Wildlife Service
Part
State and is likewise listed under
Appendix
Endangered Species
Regulations
at the
permit
on
exported
from
from the
to the Fish and
port of exportation
Special Agent Roberts has submitted to your affiant electronically in writing what investigation
steps performed by USFWS and the outcomes that led up to his application for a federal search
warrant for violations of federal law pertaining to the possession and attempted shipment of this
gray wolf The chronology ofhis involvement in the investigation is listed below to indicate how
the original probable cause was developed for that warrant that then led to the initial seizure of
evidence that the state now request to examine in this separate affidavit of probable cause for
search warrant issuance
The state request in this affidavit is to examine this
same
further for state violations not covered in the federal warrant violations that
were
whilc the federal
investigation progressed
These
alleged
evidence
uncovered
violations will be addressed later in
this document
The
following
sections contain
Agent
Roberts
s
electronic submission to your affiant for
use
in
the state warrant
1
On December 23 2008 WDFW Officer
Roberts and said that he and Officer
wolf poaching in
Officer
a
Federal
at the Fed Ex
Scherzinger
Okanagan County Washington
Scherzinger responded to
regarding
McCormick called
Troy
a
complaint
Express package
Drop point
located in
a
that
was
were
Special Agent
investigating
a
possible
McCormick said that WDFW
from the Omak Police
Department
leaking what appeared
to be blood
Wal Mart store at 902
Engh
Road Omak
Upon arrival at the Omak Wal Mart Officer Scherzinger learned that the
initial complaint came from William Ekstrom Owner ofAnchor Business Center
WA
a
k
a
the Federal
Express drop point
when the Fed Ex driver refused to
AFFIDAVIT
2
3
6
apparently called the
pick up a package
FOR SEARCH
Page
erR
Ekstrom
of 24
that
WARRANT
was
leaking
Omak P D
what
The Omak P O officer and the store
to be blood
appeared
contents of the box and determined it
they notified
WDFW At
some
identified
package recipient
780 888 7145 and left him
WOFW Officer
determined it
probably
examined the Fed Ex
Scherzinger
Box 143
The
owner
Ship
as
To
the
and noted the
address
label showed that the
identified
killed wolf hide
freshly
as
interviewed and obtained
William Ekstrom
apparently
a
a
skin
m
package
worth
50
problem
Ekstrom asked her for
Express
shipment
a
She told Ekstrom that her
of 509 662 0005
Federal
lady
told him that the
She
driver
because the
paid
for
came to
name was
at the store entrance and
parking
saw a
15 49 p
m
AFFIDAVIT
2
3
handwriting
Officer
rug
as
evidence
also identified
to the
that
day
on
post office
package
a
same
Allison and gave
case
a
lady
shipping
rug and that it
number in
phone
The
to Ekstrom for
contained
package
When she learned
there
phone
was
was a
number
Ekstrom said when the
the driver refused the
to
be blood
from the Wal Mart Surveillance
areas
white female
Ekstrom
Upon reviewing
entering
skin
the store
on
cameras
the surveillance
carrying a white box of
December 22 2008 at
The white female had short wavy brown hair She
FOR SEARCH
Page
erR
lot
s
similar size to the box that contained the
approximately
as a
in
Department
WDFW Officers next obtained DVD
a
and
up the
Officer
young white female entered
shipping and departed
pick
was
shipping label
package was leaking what appeared
then notified Omak Police
DVDs the officers
a
package
name
Bill
In his statement Ekstrom said that
returned later that afternoon and submitted the
Ekstrom said the
as
SW 12 43 10 4
packaging
package shipped
took the
listed
written statement from the store
The Fed Ex
shipperlexporter ofthe
late she
Box 143
and collected the hide and
his store and asked if she could get
was too
Ralph Brausen
and
Scherzinger
was
declared the item
shipper
package
Phone 509 826 5707
was
December 22 2008 between 3 00 and 5 00 p
it
Officer
shipper
AB TOB1VO 780 888 7l45
Hardisty
Scherzinger
Ekstrom
a
dispatch
and examined the contents of the
Road Omak WA 98841
Engh
Scherzinger photographed
Officer
message to call the Omak P D
shipping label
noted the
shipping
a
unknown animal skin at which time
was an
point the Omak officer called the number for the
Ralph Brausen of Hardisty Alberta Canada at
Scherzinger arrived
was
Ekstrom 902
as
examined the
owner
7
of 24
WARRANT
was
wearing
a maroon
black pants and
lot
a
jacket with
blouse
pink
exiting a red sport utility
distinct white
stripes
on
the lower sleeves
Additional DVD video showed her in the
vehicle with
a
ski rack affixed to the top
parking
luggage
rack
2
On December 29 2008
Officer
Scherzinger
AgentRoberts
Grey Wolf
s
of the skin and paw measurements
training
and
Canis lupus
Endangered Species
specifically
3
unknown female
Grey Wolf
Special Agent
provided
Wenatchee Test Line
was
Title 50 Code of Federal
Special
a
young
regulations for
Regulations
Canis lupus is listed
Roberts called the
to Bill Ekstrom
A
recorded
the
as
was
number that the
phone
message
all the information available
on
stating
Special
the line
Robert checked the available internet databases and learned the number
operated by
Verizon
Roberts called the
Special Agent
Verizon and learned that Verizon owned and
respective
line
representative
operated the
line
The number
area
said the number
On December 29 2008
was
not a
Special Agent
published
of
legal department
phone repairmen and installers to call to confirm
they were repairing or installing worked The Verizon
test line for local
4
by
in the State of Washington
On December 29 2008
Agent
taken
Based upon
Roberts reviewed the
Special Agent
Act
photos
he believes the hide is from
experience
Section 17 ll and confirmed that the
endangered
Roberts reviewed the
Special Agent
was a
the
number
Roberts reviewed
photos
ofthe unknown
female and the vehicle that she had been
operating WDFW Officer Troy
these photos from the Wal Mart survei lIance
McCormick had earl ier extracted
DVD
s
looked at the vehicle
utility
Special Agent Roberts Special Agent Roberts
photos and began comparing them to photos of various sport
and emailed them to
vehicles available
on
several vehicle websites
Officer McCormick and Officer
all
agreed
that the vehicle
was
Scherzinger
probably
a
Special Agent
conducted
Ford
independent
Roberts
reviews and
Explorer or similar Ford Sport
Utility vehicle
5
Special Agent Roberts caused a records check to
Explorers registered in Okanagan County by the
On December 29 2008
made of any red Ford
AFFIDAVIT
FOR
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2
3
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8
of 24
WARRANT
me
Washington
seven
6
State Patrol The State Patrol sent
red Ford
Explorers registered
On December 29 2008
Special Agent Roberts
Okanagan County
in
Roberts contacted Richard
Special Agent
the Alberta Canada Fish and Wildlife Division
Manager of the Major Investigations
Special Agent
requested
any information the Alberta Office
7
scheduled
receiver ofthe
On December 29 2008
and other
registration
identifying
On
January
define
hunt
the
investigation to Servetnyk and
held on Ralph Brausen of Hardisty
Roberts received
information
Ralph
on
Roberts reviewed Alberta
Brausen obtained
big
an
Alberta
Special Agent Roberts
lnv
hunting
license vehicle
Brausen from Inv
hunting
license information
Host License
on
October 3 I
a
resident ofAlberta
prior
that in this
to
case
taking
non
s
a
resident alien on
a
a
big
game hunt
Host License to take
the 2007 Alberta
Big game
a
Servetnyk
William White
Inv
season
license records which showed
hunting
to
Investigator Servetnyk
registered guideloutfitter or he can be
The host resident is required to obtain a Host
Brausen obtained
hunting during
William White
the
asked
said that if a non resident alien wants to
Servetnyk
game in Alberta he must hire
by
License
l2 2009
Host License
a
hosted
game
Unit for Alberta Fish and
The report showed that he hosted William White for the hunt
2007
8
Ralph
is the
package containing the suspected wolf hide
Special Agent
Servetnyk Special Agent
and noted that
explained
of
Servetnyk
Investigator Servetnyk
Intelligence
Wildlife
AB the
Roberts
and
list of
a
an
Servetnyk
Easton
said
big
checked
Washington
Address
9
On
January 5
discuss the
Brausen
contact
WA
2009
Special Agent
WDFW Officer Cal Treser
investigation
from
a
previous
Treser said that William White is
meeting
with White to
Brausen
was
from
purchase
Alberta
Twisp
Canada
FOR
Page
3
some
a
hunting
hunting dogs
Twisp
was
Officer Treser recalled that
Treser said that William White had
of 24
Ralph
Atthe time ofthat
hound hunter and that Brausen
SEARCH
9
name
with William White from
W A from Easton W A
AFFIDAVIT
2
recognized the
contact with him several years ago
Officer Treser said Brausen was
moved back to
erR
Roberts met with WDFW Officers in Omak to
WARRANT
recently
Officer Treser said that William White is also
resides
White
using
This
Lookout Mountain Road
on
was
a
the first person to
trail
event
camera
located
occurred
Treser William White
prior
to
DNA
on or
packs
in
adjacent
spring
Treser said that William
or
ofwolves in
summer
and
of2008
sighting
property
to members ofthe press
allowed to
being
WDFW confirmed the wolf pack in the area took
wolves
at least two ofthe wolves
Washington
According to Officer
White is not supportive of wolves
Washington
samples from the
WA
to his Lookout Mountain
reported the photos
notifying WDFW
establish
Twisp
rancher and landowner who
successfully capture photos
the
during
near
a
they captured
The DNA
and
placed
samples were
radio
tracking
collars
on
confirmed to be from gray
wolves
Officer Treser said that William White had
and Erin White who reside
nearby
on
Officer Treser obtained
and Erin White
A DMV
Mart
10 On
on
carrying
and
identifying
of Erin White very
photo
the box into the Federal
in Jaw named Tom
daughter
William White
Mountain Road
the female
a son
s
property
on
Lookout
information for Tom White
closely
resembles the
Express drop point
photo
of
at the Omak Wal
December 22 2008
January
label and
7 2009
Special Agent
plastic bag
that had
Roberts
previously
and Wildlife Service Forensics Lab for
shipped
the wolf hide
shipping box
contained the wolf hide to the U S Fish
species
determination and latent print
extraction
II
On
January
near
7 2009 Officer Scherzinger said that he
Loup Loup pass
rack that
22 2008
dropped
registered
were
the
the red sport
package
Officer Scherzinger
vehicle plate
He caused
red sport
utility
was
sport utility
vehicle driven
on
vehicles that had the
run a
same
20
a
ski
the unknown
Express Drop point
State Patrol to
Highway
vehicle with
by
able to obtain the first three
on
digits
December
from the
list of locally
first three
State Patrol contained three matches
One returned to
registered
AFFIDAVIT
a
red
to Tom White
FOR
Page
3
utility
red
driving
digits
The list
Two ofwhich
older model Blazers which do not resemble the suspect vehicle from the
license Oll RII
2
a
at the Federal
Washington
by the Washington
surveillance videos
erR
and met
Washington
closely resembled
female who
returned
in
was
1999 Lincoln
SEARCH
10
Navigator Washington
102 Lookout Mountain Road
of 24
WARRANT
Twisp
WA
Roberts
Special Agent
compared
the vehicle
surveillance videos with
photographs
The front
near
fog lights
gap
window post mirror
the license
and
styles
on
Dyan Straughan
the internet of 1999 Lincoln
bracket
plate
rear
a
passenger side
Special Agent
Roberts that she
to the lab were from a wolf
Straughan
said that she
previously
obtained from two ofthe radio collared wolves in the
After
thcse
analyzing
from the Fed Ex
l3 On
the
February 6
facility
2009
to obtain tissue
is related to the wolves in the
Special Agent Roberts
found in the DMV
as
Roberts sent the
samples from
WDFW which
Twisp
they
area
she would be able to determine if the wolf hide
ofsix different caucasian
photographs
backgrounds
samples
the vehicle in
forensic scientist at the U S Fish and
samples submitted
planned
Navigators
Navigator
Wildlife Service National Forensics Lab told
confirmed that the tissue
from the Wal Mart
taillight styles strongly indicate that
the surveillance video is a 1999 Lincoln
12 On January 14 2009
photos
obtained
women
photograph
Twisp pack
a
All
photo montage containing
photos had
ofErin White
Special Agent
in electronic format to WDFW
photo montage
similar blue
Jim Brown in
Sgt
Omak WA
l4 On
February
7 2009
Sgt
Brown and WDFW Officer
Scherzinger presented
the
photo montage to William Ekstrom Omak Fed Ex Drop Point operator and ask
the lady who dropped off the box which contained the wolf hide was depicted in
the montage
Sgt
Brown told
choice would be her
Erin White
Road
and
This is the
Twisp
same
Special Agent
509 997 3252
This
Ekstrom initialed next to the
confirmed this
phone
phone
right photograph
photographs
of
FOR
records for the
phone
number
operated by Centurytel Centurytel
registered
to William White 40 Lookout
SEARCH
11
and
photograph
W A William White is Tom White
Page
3
long distance toll
number is
number is
Twisp
my first
Erin White who lives at 110 Lookout Mountain
Roberts reviewed
AFFIDAVIT
2
to the lower
WA Ekstrom then looked at the rest of the
Mountain Road
erR
Roberts Ekstrom said
immediately pointed
affirmed his earlier choice
15
Special Agent
of 24
WARRANT
s
father and
was
the
if
first person to report
a
Cascades
William White also lives
The
toll records showed 509 997 3252
phone
call from 780 888 3852
on
suspicious package
reported by
was
Omak Police officer
approximately
16 On
Box 143
Hardisty
on
the above
affidavit in
I
a
Alberta
showed
a ship to
a
on
phone
an
latent
may be from the
an
training
on
spoke
a set
of
major
person trained to take such
Hardisty
following assertions
in his
and
experience
as
well
as
from
the
package
and transport
side ofthe hand thumb
of extracted latent prints
case
packages
label and its contents
prints
a
or
latent
from each suspect
may
These
knuckles
print
Major
require
case
the skills of
prints
Roberts knows from
FOR
Page
3
Hardisty Alberta
license databases and
ofthe entire hand above the wrist and
AFFIDAVIT
2
Brausen P O
with Steve Carlson Alberta
training and experience
conversations with other wildlife officers that hunters
erR
phone directory
Daryll
Brausen in
hunting
package
fingers palm
adequate comparison
prints taken
Special Agent
to
examiner at the Fish and Wildlife Service
print
evidence in and
examiner will need
2
Ralph
Roberts made the
Roberts knows from
print
a
registered
reverse
number 780 888 3252
leave latent
are
The call lasted
scene
address of P O Box 143
National Forensics Lab that persons who
prints
and after the
the label
Roberts
Special Agent
conversations with the latent
To conduct
after the
was
facility
a
federal search warrant
Special Agent
prints
received
Roberts recalled that the Fed Ex
address of
handwritten
was
was
Special Agent
investigation Special Agent
for
Tom White
as
phone
s
This
m
Roberts checked the
Darryl Henry Brausen shows
application
the
state in the north
ranch
William White
Inv Carlson checked the Alberta
Alberta and
or
Ekstrom at the Fed Ex
number 780 888 3252
17 On February 7 2009
Investigator
property
December 23 2008 at 5 21 p
Special Agent
and that P O Box 143
learned
same
Washington
12 minutes
phone
shipping label
the
on
initially responded to
7 2009
February
and learned
Based
confirmed wolf sighting in
SEARCH
12
of 24
as
well
typically
WARRANT
as
from
maintain their
trophies
for
of time in order to be able to show others the results and
long periods
recall the tales of their hunts
Hunters will also skin their
of having the hides tanned and or having
3
Special Agent
Roberts knows from
taxidermy
and
training
outbuilding or shed
skinning
be found
saws
to
on
are
usually
skinning
match the tissue to
a
fleshing
tissues remains intact for
can
to
boards
building
long periods
species
a
delicate
an
during
the
Twisp
area near
even
Roberts knows from
training
and
skinning process
can
floors tables knives and
be used
can
of animal The DNA in these
especially in
oftime
extract DNA from these tissues
Special Agent
wolf is
the hide
remnants ofthe
as
in the above mentioned tools and surfaces for
4
damage
from
as
closed environment like
a
animal and
environment like that found in the
scientist
a
well
These tissues contain DNA which
process
specific
skinning
as
Roberts also knows that tissues sinew meat
left behind
boards
in
be taken not
so care can
skinning
used in the
occurs
Special Agent
process
hair and blood
usually
for the purpose
work performed
experience
conversations with trappers and wolf hunters that
and difficult process that
trophies
WA
after
a
cold
dry
A trained forensic
they have
a
long period
and
experience
as
been imbedded
well
as
from
conversations with trappers and wolf hunters thatthe skull ofa wolf is considered
a
valuable
to allow
5
trophy and is usually
for display as a trophy
Special Agent
Roberts knows from
that hunters
Servetnyk
maintained in
can
sometimes
ship
or
illegally
transport them
albums
and the kills
they
s
take animals in
though they had
These
film
electronic storage
AFFIDAVIT
Canada
one
been
13
photographs
negatives
computers
FOR SEARCH
Page
3
make
videotapes undeveloped
CDs and DVD
2
Alberta
Special Agent
jurisdiction
they
legally
can
will
be
legally
harvested
on
companions
erR
cleaned
Special Agent Roberts s training knowledge and experience hunters
trappers routinely take photographs or videotape ofthemselves their
Based
and
as
eventually
and conversations with lnv
another jurisdiction where
to
taken in order to make them appear
6
experience
freezer andlor
kill wolves in
legally
Roberts knows that hunters who
a
of
24
are
kept in photo
memory cards computer disks
andlor computer hard drives
WARRANT
and video
cameras
Huriters and trappers
cameras
skulls and claws of animals they kill These items
and storage
These items
areas
of time
long periods
are
records invoices notes letters
receipts
kept in
are
Trappers
journals
capes hides
homes freezers
in homes
routinely displayed
permanent fixtures
as
routinely keep
as
and hunters
calendars lists
trophies
for
routinely keep
telephone
numbers and addresses for the purposes of documenting where when and how
their trophies
7
were
taken
related to Tom White
and operates White
Logging
I your affiant WDFW
links to
Sergeant J
5 2009
January
discussed in that
meeting
as
transported
or
I
an
or
advertisements
WA A database indicated that Tom White
ofTwisp
Logging
owns
and Methow
email
Valley Septic The advertisement
addressofwhitelogging@centurvtel net
for
Brown became
gained specific knowledge starting
at my office on
and at times sold
Roberts checked the Internet for information
Special Agent
White
possessed
I
was
at the above
concur
specifically involved in this investigation and
mentioned meeting with Special Agent Roberts
with the events he outlined above
present for
the discussions referenced
as
to what
was
Although taking
and
possession ofa gray wolfis a violation of Washington State law our agreement with USFWS is
that they are the lead enforcement agency on such cases of endangered species I had no other
indication at that time ofany other state law violations in addition to the wolf pelt issue
phone call from Special Agent Roberts In that call he
stated that he had received a preliminary reporting from the USFWS DNA Lab that the wolf pelt
This
was in fact a direct genetic relative of the wolves in the wolf pack in Twisp Washington
confirmed that it was in fact a gray wolf was from the local pack and was taken from
Washington in violation ofboth state and federal law
On about
On
January
February
14 2009 1 received
a
7 2009 at about 0900 hrs 1 received
an e
mail from
Roberts with
Agent
a
photo
montage attached containing 6 photos on a pdffile One of the photos was of Erin White He
requested that 1 take that montage and show it to the witness package shipper Bill Ekstrom I
trimmed the
right edge
ofthe sheet for it to be in
At about l040 hrs Officer
Ekstrom showed
pick
us
Scherzinger
immediately
leaned
first choice would be this
White
He looked
over
one
over
to look at the
agreed
we
simply wanted his
it and extended
3
edge
montage
He
was
best recollection
index
and stated
Mr
told that he
an
can
As I set the montage
as he
pointed My
finger
poked his finger onto the photograph ofErin
montage and did not waiver from his original choice
the rest ofthe
FOR
Page
2
the left
And in this he
AFFIDAVIT
erR
to
and I went to the Ekstrom residence unannounced
into his kitchen and
whomever he chooses and that
down he
proportion
SEARCH
14
of 24
WARRANT
I
told him that I would not be able to tell him at this time if the
pick
was
of the suspect
but
or not
that the USFWS
the
Agent may advise him at a later time He initialed the shoulder of the subject in
and signed the back ofthe photo I thanked him for his assistance and we departed I
photo
called
I also
Roberts and advised him of the
Agent
on
this
day checked
with
positive
identification
Okanogan County Sheriff Dispatch and found that there was
Busching arriving at his office after calling the Canadian
no
record oftimes ofOmak Officer
I
trying to get a
original shipping incidcnt the
suspect
was
time
call
ofthe call from Canada to the PD clerk the
as
referred to
day
ofthe
Omak Officer Busching in his report
by
On
February 9 2009 I called the Clerk at Omak PD Ms Patty Helberg She remembers the call
that day and was initially unable to obtain a time for me from any notes during my call
Subsequently I was called by Omak PD Sergeant Isaac He stated that in checking their records
Officer Busching cleared the call at Wal Mart at l648 and would have arrived at Omak PD
minutes later The call to the clerk was before his arrival at the PD by Busching s own report
Also Omak PD office closes at 1700 hrs
information
was
provided
so
it also would be before that time at the latest This
to Roberts for the USFWS
investigation
On
February 24 2009 a group of officers from WDFW USFWS and ICE
Agent Roberts at my office to review two search warrants for the Tom and
for evidence in the
ongoing
federal
the
endangered gray wolf A
which portion of the search
investigation
into the
plan was established
operation
as to
possession
and
met with
Special
Bill White residences
attempted smuggling of
which officer would be involved in
and at which ofthe
two
sites
was
assigned
to the Bill
White residence and to interview Bill White
February 25 2009 at about 0820 hrs in uniform assisted USFWS Special Agent Charles
Corky Roberts with a federal search warrant at the William White residence at 40 Lookout
Mountain Road in Okanogan County The search warrant was issued for the Tom and Erin
On
White Residence and for the Bill and Suellen White residence both off of Lookout Mountain
Road in
Okanogan County
A second warrant
being served simultaneously at the
was
Tom
White residence just up the road from this location Upon arrival I could see William Bill
White known to me from prior contacts seated in his kitchen He came to the door and onto the
porch
were
and stated
there
Wow you got a lot of guys here
I thought it odd that he never asked why
What he had observed was not only the few vehicles with us but also the other
vehicles that
son
s
Agent
were
continuing
up the
county road
serve a
second search
warrant at
Mr White
s
home
Roberts
immediately presented
and advised him that
home and then
we
we were
there
Mr White with
on
this
investigation
FOR
Page
2
3
copy of the federal search warrant
He stated we could come inside the
atrue
then motioned for the other officers ofthe search team to
AFFIDAVIT
erR
to
we
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15
of 24
WARRANT
come
into the house
Mr White stated that it
only he and his wife Suellen in the house but he was told the
a safety sweep to be sure Several firearms were visible about the house
place as they were not immediately within reach and Mr White was being
was
officers would conduct
but
left in
were
cooperative Agent Roberts
to leave at any time
advised that neither he
Mr White
nor
his wife
were
under arrest and
were
free
seated at the
dining table and his wife was working in the
kitchen Agent Roberts advised them that we were conducting an investigation into a shipped
pelt and wanted to know ifMr White knew anything about it He stated he did not Agent
Roberts then read Miranda warnings to them both from a printed card and both stated they
understood their rights Mr White explicitly waived his rights and agreed to speak with us
was
Mr White claimed to not have any idea what we were talking about He stated that he did not
know anything about a pelt nor of one being shipped His wife spoke up in an agitated fashion
early
in the discussion
Service that
Mr White
and that
thcy
couldn t come onto
unaware
focus
He denied
Ralph
the
Brausen in Canada and
occurring Mr White stated agreed by his wife
outspoken about his opposition to wolves that made him a
even
reason we
speaks to him
would be there
He admitted that he knew
a
phone occasionally He was told that there
on the day of and just after the time
speak to him around Christmas time about
on
the
record of a call from Brausen to his house here
phone
package was seized
was
of any
knowledge
told the Forest
property to look for wolves and this is what happens
Both Agent Roberts and I stated that this was not the case
of that refusal
that he felt that because he had been
we
our
with that statement
agreed
we were
I know what this is all about
stating closely to
a
Brausen
s new
receiving
thought
a
bride from the
package
I was
and Erin had
or
sending
a
He stated that he did
phone
but that there
Philippines
was never
discussion about him
Then 1 felt bad because he must ve
any other issue about one He stated
him a Christmas present or something and I didn t I asked Bill if Tom
and if there
any
Bill stated that
reason
Brausen
might have
called down to this house
they have a phone and he could think of no time that
speak to either ofthem He was told that it was
actually his daughter in law Erin had tried to ship a package to Brausen He stated he did not
know anything about it He also stated that he had not provided her any box packaging material
or
tape nor any plastic garbage bags recently for any reason At this point Mrs Suellen White
appeared to again become agitated about our questions and stated to Bill Maybe we should call
an attorney
Though we were not questioning her at all I stated to both ofthem this is your
to
speak
to either ofthem
was
Brausen would have called to this house to
if you want one
To this comment Mr White shook his head and stated No
continued to state that he thought that Erin is in a lot oftrouble if she tried to ship
He
right
out ofthe
country
He also stated
I guess you
are
going to
a
wolf pelt
have to ask her about it
I also commented to him about the cougar rug on his living room wall and later on his bobcat pelt
on the wall of the stairwell He stated that he sold cougar pursuit videos I was already aware of
He has lawfully hunted in
this and that he didn t like to kill them just chase them cougars
prior
cougar
hunting
seasons
with the
use
AFFIDAVIT
ofhounds
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2
3
There
16
of 24
were
tapes in the bedroom which
WARRANT
cougar videos He also had dog tracking radio devices in the bedroom None
seized at this time as they were outside of the scope ofthis federal warrant
for wolf violations and there was no indication ofother violations Outside the house he had at
were
labeled
as
ofthese items
least two
were
hunting
hounds tied up next to his garage hounds
commonly
used for
hunting
wild
cats
and bears
Shortly
I received information from
house and
on
the
phone
Roberts who had been
Agent
that Tom White Bill
s son
had
alternately away at the other
confessed to killing and then having his
wife attempt to ship the wolf pelt I was told by Roberts that Tom White claimed to have found
the wolf caught in a fence and had to kill it to get it out of the fence wire
It appeared at this
point that
case
Mr Bill White may indeed be telling the truth and did not know anything about the
His wife had also voiced concern about ajob application on her computer and that taking
the computer might limit her ability to get it completed in time With the admissions of Tom
White and the lack ofobvious evidence thus far during the search Bill and Suellen were told
that
taking the computer Mr White was told ofhis son s admission and he
appeared unphased by that and showed no surprise in his words nor did it show on his
expression This reaction surprised me given Mr White s earlier comment of Erin being in
trouble simply for trying to ship a pelt He did not offer any commentary on why or how it the
killing may have come to pass It appeared to me as ifhe already knew this information Mrs
White about this time was out in the shed supposedly sanding some stair treads for the planned
stairway in the house
we
would not be
Agent Roberts had stepped outside again on a phone call and now asked me to come outside to
speak with him He told me that Canadian officers interviewing Mr Brausen stated that he had
indeed called down and admitted talking to Bill White about a phone call he received from a
police department about a package and wanted to know from Bill what was going on He also
had stated that he had spoken with Bill in the last year about what the regulations are in Canada
with regard to wolves and about hunting them up there and whether he could have one tanned
there ifit was shipped to him in Canada
I went back into the house and asked Mr White
again if Brausen had spoken with him about a
was the
opposite ofwhat Bill had
indeed called him about a police department
I told him that I had information from Brausen that
package
been saying
He
now
called him about
a
also stated that this
the
stated that Brausen had
package they had picked up
was
all I
was
Mr White offered
package
leaking This
told
but he didn t know where
Then when
he said it
was
pressed
or
what
was
in it He
further about his discussions about
Omak Police that called and the
package
was
counter to his earlier denials of the content ofthe discussion
He
completely
also denied any discussions about wolf pelt tanning nor about wolf
hunting in Canada Based on
this information I told the Whites Suellen was back in the house and seated in the
living room
that
we
was
needed to continue with the warrant
AFFIDAVIT
authorizing
FOR
Page
erR
2
3
seizure ofthe computer to check for any
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17
of 24
WARRANT
correspondence that
may show his communication with Brausen Customs Agent Munn stated
expedite his copying of the hard drive so that it would be returned before the week
that he would
was
I
out
back outside to
stepped
speak
information from Canada
sent to
one
year ago
Mr White to
porch
He
photo
but
by
Bill
that
speak
purported
to us
told
I told him to
and
admitted that his
now
stated that he had
son came
asked Brausen ifhe could
get
rid of it
to
have observed
a
was
l told him I didn t want to know about it
and
and how to
about
photo
dead wolf I went inside and asked
a
He denied any
to him for Brausen
ship
to show
even more
provided ajacket and he stepped out onto the
knowledge of a dead wol f in a
was
admitting to killing a wolf He stated that he had
He
told of the newest information
again that his son Tom
killing of the wolfbut stated
was
known of the
happened
Roberts who
Agent
He stated that Mr Brausen claimed
outside and
come
was
him
with
s
ship
or
how it
it would be trouble ifhe got caught with it
He
address information and that he had in fact
a
wolf
But he denied that he assisted Tom
pelt
If you
aJ d Erin in this and also that he didn t know that they had actually done it He stated
don t know then you don t know
He also admitted that I lied to you guys when questioned
earlicr inside
wolf
There
He
was
was
asked
Roberts ifhe
directly by Agent
ever
himself did
see
the dead
noticeable pause and a look away before he stated No
He was told of
consistent with deception to which he did not deny rather he stated again
I
a
this response being
never saw it I didn twant
anything to do with it
He
was
asked ifhe had any
e
mails or
photos
his computer that showed and discussion or reference to taking or shipping ofwolves and he
stated no
He also stated that his wife Suellen was not involved in any issues with regard to
hunting or on wolf issues including any e mails and documentation of these legitimate hunting
on
issues and wolves
they
was
from him
could be recovered
so
only
computer He insisted there would
departed
present
about 1130 hrs
I left I
as
Special Agent
was
computer
On
Agent
aware at
Marcus Munn
Bill and Tom White
equipment
He
a
not be
us now
He
Roberts had
was
told that
served
already
even
ifhe had deleted files
We would find out in the
paperwork
on
analysis
the seizures and
returned to Tom White
s
and
of the
we
was not
this time that pursuant to the Federal Search warrant ICE
trained computer forensic examiner had seized the computers of
Later Munn advised
so
repeatedly
was
that he should tell
me
that he had
imaged the storage devices
digital contents of those
that he may examine the electronic and
the
devices
Special Agent Roberts a copy of a forwarded e mail from
the officers on the Canadian end ofthe investigation from Mr Brausen s computer obtained by
consent that appeared to indicate that Bill White in a similar speech pattern to that he speaks in
had corresponded with Mr Brausen about we treeing a cougar and a bobcat he referred to as a
bob just about two weeks bcfore this The e mail address line indicates a date ofjust a few
weeks before this and was from Bill and Suellen White
The attached photos showed hounds
with radio tracking collars on and two photos of a treed cougar There was also a photo one
number in sequence prior to the photo of the hounds and of a bobcat up a tree as well In
February
2 2009 I received from
on
AFFIDAVIT
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Washington
Whites
are
State cougar is only open to hunt with the
the permit list They may participate by
by permit and none ofthe
accompanying some other person with a
use
on
of hounds
were
doing so However bobcat is never open for use of hounds
of
even under permit so use
hounds to pursue and harass and tree a bobcat in Washington is an
unlawful act His e mail admits doing that he had done this That day I spoke with US Customs
permit
so
it is unknown if they
Agent Munn who is performing the Bill White computer analysis for the USFWS Special
Agent s investigation and I asked ifhe has observed any file indices in that machine He stated
that there
are
files labeled
same term was
with hounds
cougar and he recalled files with Bobs in the title as well the
used to describe the bobcat in the e mail
In checking the latest cougar hunting
permit
drawn for hound
list from
use
Olympia
a
drawing
repeat
in
January
Bill and Tom White
were not
for cougar at all this year
On March 12 2009 1 arrived at my office When I checked my e mail I had an e mail and
attached images from ICE Special Agent Marcus Munn from March II 2009 that he had
pursuant
to the federal search warrant on the wolf case found these
image files
in Bill White
s
computer that showed depictions in photos images I recognized as ofTom White who is holding
a
gray wolfin the woods that are typical ofthe Twisp area This wolf is obviously dead in both
photos The two photos show that the left front paw is severely injured consistent with a trap
injury to the paw Also in the background the ground is heavily tom up consistent with my
experience of a trapped animal trying to get free and tearing up the ground and vegetation within
its reach while in a body gripping trap On the ground is a camouflage daypack with an unzipped
padded rifle case lying on top of it There is no indication of a fence nor is any fence wire visible
in the photos contrary to the story given by Tom earlier the same person posing in the images
with the wolf that the wolf was trapped in a fence and the claim it was simply dispatched by
him Use of a body gripping trap to trap any wild animal including gray wolf in Washington is
unlawful Taking and possession of a gray wolf is unlawful under federal and state law as it is
listed as an Endangered Species in both jurisdictions I also received a voice mail from Munn
that he had while looking for wolf evidence encountered e mails and digital photo depictions
that indicated that bobcats had been hunted and apparently killed with hounds and that e mails
from Bill White indicated that he knew these acts were illegal when he had done the acts The
description that White used was bobs when referring to bobcats something he has done in
prior e mails referenced above Illegal use of body gripping traps for any wild animal and
illegal hunting
federal law
of cougar and bobcat with
and
are
therefore
subject
use
to state
of dogs
are
jurisdiction
violations of state law and not
and
prosecution
for those
offenses
It has been my experience that it is
of game killed taken or possessed
a
recently
White
s
killed wolf taken
computer
they
common
for hunters and trappers to take trophy photographs
depicting Tom White posing with
Files have been recovered
by digital
camera
have used computers
AFFIDAVIT
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and transmitted
or
by electronic
mail from Bill
other electronic storage media to store electronic
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WARRANT
mail files
Jiles
jpeg bitmap wave
history files and
internet
audio video metadata
log
files transaction
history
text
spool
electronic folders
It is my belief that any number ofthe items
sought in this affidavit may be found stored electronically Based on my experience and my
consultation with Special Agent Marcus Munn Immigrations Customs Special Agent and
computer forensic examiner who has
electronic evidence
1 also know that electronic evidence
storage
search warrant
Special Agent
medium to another
involving
As
and
result I believe that electronic evidence may be
stored on any computer or electronic storage medium present at the United States Customs
Office where the computers and digital storage devices have been seized pursuant to a federal
or
electronic
experience in searching for
can be moved easily from one computer
specialized training
Bill White and Tom White which
my
reliable search for electronic evidence stored
a
search of a search site
physical
limited to the
currently being analyzed by
training and experience and that of Special Agent Marcus Munn
cases it is
impossible to successfully conduct a complete accurate and
on
1 know that in most
during
are
Marcus Munn
In addition based
the
a
on
a
computer
This is true for
a
or
other electronic storage media
including but not
number of reasons
following
Technical Requirements
for criminal evidence is
a
Searching computers and other electronic storage media
highly technical process requiring specific expertise and a
controlled environment
The vast array of computer hardware and software
requires
computer experts to specialize in particular systems and
applications so it is difficult to know before a search which expert is qualified to
properly
available
analyze
even
the
particular system s and electronic evidence found at a search site As a
result it is impossible to bring to the search site all ofthe necessary personnel
technical manuals and specialized equipment to conduct a thorough search of every
possible computer system In addition electronic evidence search protocols are
exacting scientific procedures designed to protect the integrity ofthe evidence and to
recover even hidden erased compressed password protected or encrypted files
Since computer evidence is extremely vulnerable to inadvertent or intentional
modification
or
destruction both from external
embedded in the system such as a booby trap
to ensure its complete and accurate analysis
b
sources or
a
from destructive code
controlled environment is essential
Volume of Evidence The volume of data stored on many computers and other
electronic storage media is typically so large that it is impossible to search for
criminal evidence in a reasonable period oftime during the execution ofthe physical
search of a search site
single megabyte of storage space is the equivalent of500
double spaced pages of text A single gigabyte of storage space or 1 000 megabytes
is the equivalent of 500 000 double spaced pages of text Storage devices capable of
A
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WARRANT
storing fifteen gigabytes of data are now commonplace in desktop computers
Consequently each non networked desktop computer found during a search can
easily contain the equivalent of7 5 million pages of data which if printed out would
completely fill a 10 x 12 x 10 room to the ceiling
c
Hidden
Obfuscated Evidence
Computer users can conceal data within
computers and electronic storage media through a number ofmethods including the
For example files with the
use of innocuous or misleading filenames and extensions
extension jpg often are image files however a user can easily change the
extension to txt to conceal the image and make it appear as though the file contains
text Similarly computer users can encode communications to avoid using key words
that would be consistent with the criminal activity Computer users can also attempt
to conceal electronic evidence by using encryption technologies For example some
encryption systems require that a password or device such as a dongle or
keycard be used to obtain a readable form ofthe data In addition computer users
can conceal electronic evidence within another seemingly unrelated and innocuous
file using a process known as steganography
For example by using
a
user can conceal text in an
steganography computer
image file in such a way that it
cannot be read when the image file is opened using ordinary means
As a result law
enforcement personnel may have to search all the stored data to determine which
particular files contain items that may be seized pursuant to the warrant This sorting
process can take a substantial amount of time depending on the volume of data stored
or
and other factors
d
Deleted
Downloaded Files
other electronic storage media allow
suspects to delete files to attempt to evade detection or to take other steps designed to
frustrate law enforcement searches for information However searching authorities
or
can recover
computer files
or
have been downloaded onto
person
deletes
a
file
actually disappear
remnants of such files months
hard drive deleted
or
or even
years after they
viewed via the Internet When
a
home computer the data contained in the file do not
on the hard drive until they are overwritten
rather the data remain
result deleted files or remnants ofdeleted files may reside in free
i
in space on the hard drive that is not allocated to an activc file
e
space
or that is unused after a file has been allocated to a set block of
storage space for long
A
computer s operating system may also
periods of time before they are overwritten
by
or
new
data
on a
a
Computers and
As
a
slack
keep a record ofdeleted
recovery file Similarly files that have
been viewed via the Internet are automatically downloaded into a temporary Internet
directory or
cache
data in
a
The browser
swap
or
typically
maintains
a
fixed amount of hard drive
space devoted to these files and the files are only overwritten as they are replaced
with more recently viewed Internet pages Thus the ability to retrieve the residue of
AFFIDAVIT
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WARRANT
an
electronic file from
viewed than
on
a
a
hard drive
particular
user s
depends
less
on
when the file
was
operating system storage capacity
downloaded
or
and computer
habits
e
Search Techniques
Because of the above described technical
requirements
ability of suspects to delete download hide andlor
obfuscate evidence the analysis of electronically stored data may necessitate any or
all of several different computer forensics techniques Such techniques may include
but are not limited to surveying various file directories and the individual files they
contain analogous to looking at the outside of a file cabinet for the pertinent files in
order to locate the evidenc and instrumentalitics authorized for seizure by the
warrant
opening or reading the first few pages ofsuch files in order to
determine their precise contents
scanning storage areas to discover and possibly
recover
recently deleted data scanning storage areas for deliberately hidden files and
performing electronic keyword searches through all electronic storage areas to
determine whether occurrences oflanguage contained in such storage areas exist that
are related to the
subject matter ofthe investigation
volume ofevidence and the
In accordance with the information in this affidavit law enforcement
execute the search of computers
systems seized
pursuant
Upon securing the search site law enforcement personnel
seizing computer systems hereinafter computer personnel
a
personnel
to this warrant
as
will
follows
trained in
searching
will conduct
an
and
initial
review of any computer systems to determine whether the data contained on these
systems can be duplicated on site in a reasonable amount oftime and without
jeopardizing
b
If based
the
ability
to
accurately preserve
the data
their
training and experience and the resources available to them at the
computer personnel determine it is not practical to make an on site
copy of the data within a reasonable amount oftime and without jeopardizing the
ability to accurately preserve the data then the computer systems will be seized and
transported to an appropriate law enforcement laboratory for review The computer
systems will be reviewed by appropriately trained personnel to extract and seize any
on
search site the
data that falls within the list ofitems to be seized pursuant to the warrant
In order to search
for the items identified in the warrant the computer
personnel may examine all of the data contained in the computer systems to view
their precise contents and determine whether the data fall within the list of items to be
c
seized pursuant
and attempt to
to
fully
the warrant In addition the computer personnel may search for
deleted hidden or encrypted data to determine whether the
recover
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WARRANT
data fall within the list of items to be seized pursuant to the warrant
If searching authorities determine that
none
of the data contained
on a
computer system
fall within any of the items to be seized pursuant to the warrant law enforcement
personnel will return the computer system within a reasonable period oftime unless
further authorization is obtained from the Court
In order to search lor data that fall within the list of items to be seized
warrant
Jaw enforcement
personnel
and hereinafter referred to
as
pursuant
will seize and search the
following
subject to the procedures
computer systems
to the
items heretofore
set forth
above
Any computer equipment
a
further
b
or
or
device
capable
of being used to commit
used to facilitate the transmission creation
display
including word processing equipment modems docking
printers plotters encryption devices and optical scanners
storage ofdata
stations monitors
Any magnetic
c
storage
store evidence ofthe offense listed above
Any computer equipment
encoding
and
electronic
or
optical storage
floppy disks hard disks tapes CD ROMs
printer or memory buffers smart cards PC
device
of
storing data such as
DVDs optical disks
capable
CD R CD RWs
cards memory calculators electronic
dialers electronic notebooks and persona digital assistants
d
Any documentation operating logs and reference manuals regarding the operation
of the computer equipment storage devices or software
to facilitate direct
devices
f
or
or
data to be searched
Any physical keys encryption
necessary
to
gain
access
devices
dongles
to the computer
and similar
equipment storage
physical
devices
Any passwords password files test keys encryption codes
necessary to access the computer equipment storage devices
g
Based
programs compilers interpreters and other software used
indirect communication with the computer hardware storage
Any applications utility
e
or
or
items that
or
are
data and
other information
data
the information in this affidavit I also believe that computer systems were
instrumentalities ofcrime and constitute the means by which violations ofRCW 77 15 120
on
Unlawful
taking
of an
Endangered Species
AFFIDAVIT
RCW 77 15 245 Unlawful
FOR
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WARRANT
of hounds to hunt
bobcat and cougar and RCW 77 15 190 Unlawful use ofbody gripping traps for wild animals
have been committed Therefore I believe that there is probable cause to seize such computer
systems
as
instrumentalities ofthe criminal
activity using the computers
to communicate with
others for the
shipment ofwildlife parts and depictions of illegal hunting activity
affidavit I respectfully request issuance of a search warrant the above listed items
I believe this evidence to be
case
important to
the
ongoing criminal investigation
That affiant s belief is based upon the facts and circumstances
are incorporated herein by this reference
as set
Based
on
this
into the facts of this
forth in the numbered
attachments hereto which
Attachments
I
E mail to From Bill and Suellen White to
Ralph Brausen dated February 17 2009
images
dogs
E mail from Special Agent Marcus Munn to Special Agent Corky Roberts and the
to Sergeant Brown dated March II 2009 and two associated images of Tom
and four associated
2
White and
a
of cougar bobcat and
dead gray wolf
Affiant
James S Brown WDFW Enforcement
S
and subscribed to before me
Date1MwlI
Sergeant
on
D5
1
Judge
IF ANY ADDITIONAL FACTS ARE RELIED UPON THEY MUST
BE SET FORTH AND SWORN TO ABOVE
AFFIDAVIT
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WARRANT
Is lion season open
This is an email Bill White sent to
lion hunt Let me know what you think
Charles
on
02 17 2009 with
pictures
ofa
Roberts
nCorky
US Fish
Ralph Brausen
Wildlife Service OLE
AH 1
A L
A 99323
v
l
509 546 8344
Phone
Fax 509 546 8343
509 727 8358
Forwarded
h
Sle
e
hy Corky RobertslARlDJR1 FWS DOI on 02J2712009 12 45 PM
Carlson
SteveCarlson@gov ubaa
To
Cor Y
n
eell
Robcrts@fws
gov
cc
02
9IO 32
X
2712
M
Subject FW got lion
From
Sent
To
Lee
Steve Carlson
FW
Subject
This is the
to
Robley
Thursday February
us
e
got
Lee T
lion
mail I asked
yesterday
26 2009 7 57 AM
Mitchell Visser
Ralph
to forward
in the truck Bill has two of
me
He had it
Ralph
s
on
his
working computer
and showed it
pups
Robley
District Officer
Fish
Wildlife
Provost
From
To
Ralph
Brausen
mailto
Wednesday February
Sent
Lee
coondog@telus
net
25 20099 31 PM
Robley
Fw
Subject
got lion
Original Message
From
To
Bill and Suellen White
Ralph Brausen
Sent
Tuesday February
Subject got lion
Ralph
Problee the last
sinst Joe
seems
reel
good
bob
we
only
to
and treed
kawt bout
a
a
17 2009 I 25 PM
one
of the winter but
wanna
bunch
an
week ago
play grabass
barked
gotta
on
git
caught
one
this momin
Only
Looks like that solved the
the trak
Bill
Will send
a
pic
took Trixie
problem
she dun
ofher lion and last
This email and any files transmitted with it are confidential and intended solely for the
use of the individual or entity to whom they are addressed If you have received this
emai in
the system manager This message contains confidential
information and is intended only for the individual named If you are not the named
error
please notify
addressee you should not disseminate distribute
or
copy this
e
mail
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Also
Take
a
look at the left front paw would that be from
a
trap
Marcus
From
Sent
Munn Marcus
Wednesday
March 11 2009 2 21 PM
To
Corky Roberts@fws
Cc Wolder Jeffrey 5
Subject Photos
gov
brownjsb@dfw
wa
gov
illf c1
c
L
vJ
tV
Corky
I have not completed the
exams
yet
but I did find
a few
photos
I
figured
I would extract and send
to you now I have just started looking at BILL s computer and have not taken a look at TOM s
yet I also placed a call to Jim Brown to let him know it appears as if there is a lot of evidence
regarding the illegal hunting of Bobcats using hounds I saw some emails and photos regarding
hound hunting bobs
baiting and knowing it was illegal to do so I will get with you and or Jim to
if
want
see
to get a warrant for that information as well There are lots of photos and
you guys
emails of animals that BILL has probably killed and I am sure that most of them are questionable
at best
Talk to you later
ICE
DHS
Office
of
Marcus Munn
Special Agent
Investigations
Digital Forensics
33643 Highway 97
Oroville
WA
Tele
509
476
3329x302
Fax
509
476
2992
PS
That is
wolfin the
98844
GIANT wolf1 Also I didn tnotice any fences
Hmm
photos
a
or
fencing on
or
near
the
1
l
h
1
1
1
I
o
tJ
j
i
1g 03 2 fj9
RETURN OF OFFICER INVENTORY AND RECEIPT FOR PROPERTY
14
23
I
I
STATE OF WASHINGTON
O
A J
Pl J
200100CJI
OKANOGAN COUNTY
THIS IS TO CERTIFY
that I received the within Search Warrant
on
the
13th day
of March 2009 pursuant to the command contained therein I made due and diligent
search ofthe property and premises described therein and found the following
Computerized images and data from imaged hard drives oFBill White and Tom
White Computerized data on these drive images still being examined as due to the
quantity of data it is impossible to complete this search in only a few days time
Names of persons served with true and
ICE
complete
Marcus Munn who
Special Agent
copy of Search Warrant
was
already examining the data on the
were originally seized
drives for federal violations in which the drives
Description
of door
Served
on
or
conspicuous place
where copy of Search Warrant
posted
the agent at his office
Place where property
kept
ICEIDI
IS
Digital
33643
Office of Investigations
Forensics
Highway
97
Oroville WA 98844
DATED THIS 19th
I
certify
that the
or
declare under
foregoing
day
of March 2009
penalty
of perjury under the laws of the State of Washington
is true and correct
March 19 2009
t James S
Okanogan
WA
Brown
The Peace Officer
under this warrant shall give to the person from
the
premises
property is taken a copy of this warrant in its
completed form If no such person is present the officer may post the completed copy
The Return of Officer Inventory and Receipt for Property shall be made in the presence
whom
or
taking property
From whose
oFthe person from whose possession or premises property is taken or in the presence of
at least one person other than the officer Sent to the defendants by certified mail
cc
ic
C OUi TY
Q BT