ATF raid affidavit

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nSDACTED COPY REDACTED AFFIDAVIT 1. I, John E. Hansen, am a Special Agent for the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), and have been so employed since June 2002. Prior to becoming an ATF Agent I was employed as a Border Patrol Agent with the United States Border Patrol for four (4) years. I am currently assigned to the Washington Field Division, Norfolk Field Office in Norfolk, Virginia. My responsibilities as a Special Agent for the ATF include the investigation and arrest of individuals for criminal offenses enumerated in Title 18 and Title 26 of the United States Code, for which I have received formal training at the Federal Law Enforcement Training Center. 2. Throughout my career in law enforcement, 1 have conducted and participated in ATF investigations of individuals involved in the unlawful possession, purchase, and sale of firearms. These investigations have led to arrests and convictions for violations of Federal firearm laws. I have been involved in the preparation and execution of search and seizure warrants and arrest warrants for numerous violations of both federal and state law. I have testified in United States Federal Court in the Eastern District of Virginia and in the Eastern District of North Carolina. 3. I am the case agent investigating KENNETH R. MEEKS (MEEKS) for Federal firearms violations, and I base the following on my own personal observations and investigative reports, the observations and reports of other law enforcement agents involved in this investigation, and a review of MEEKS' criminal history. All observations referenced in this affidavit which were not personally made by me were related to me by the persons who made such observations. Since this affidavit is being submitted for the limited purpose of securing an arrest warrant for MEEKS, I have not included each and every fact known to law enforcement agents concerning this investigation. I have set forth the facts that I believe are necessary to establish probable cause that Kenneth R. MEEKS did violate Federal firearm law and that this violation did occur in the Eastern District of Virginia. 4. In late 2014, law enforcement agents received information from a Confidential Source of Information (CS#1) that MEEKS was in possession of at least three firearms in or around May 2014 or June 2014. According to CS#1, he/she personally observed these firearms in MEEKS' residence in the HH^H^IHI^^HL Portsmouth, Virginia ^^|. CS#1 described the three firearms he/she observed as follows: a black in color AR-15 style rifle, at least one 9mm pistol, and another pistol of unknown caliber (possibly .380 caliber). CS#1 further described this latter pistol as having "Las Vegas, NV" marked on it. CS #1 advised these firearms were stored in a safe in MEEKS' residence. CSI #1 further advised that MEEKS possessed an additional 9mm pistol in a drawer in which MEEKS also kept a scale for weighing narcotics. Case 2:15-mj-00441 Document 5 Filed 08/04/15 Page 1 of 7 PageID# 11

description

ATF affidavit from Normandy Street raid.

Transcript of ATF raid affidavit

nSDACTED COPYREDACTEDAFFIDAVIT1. I, JohnE. Hansen, am a SpecialAgent for the Bureau of Alcohol, Tobacco, Firearms& Explosives (ATF), and have been so employed since June 2002. Prior to becominganATFAgent I was employedas aBorder Patrol Agent withthe United StatesBorder Patrol for four (4) years. IamcurrentlyassignedtotheWashingtonFieldDivision, Norfolk FieldOfficein Norfolk, Virginia. My responsibilities as a SpecialAgent fortheATFincludetheinvestigationandarrest of individuals forcriminaloffenses enumeratedin Title18andTitle26 of theUnitedStatesCode, forwhichIhave received formal training at the Federal Law Enforcement Training Center.2. Throughout my career in law enforcement, 1have conducted and participated in ATFinvestigations of individualsinvolved in the unlawful possession, purchase, and saleof firearms. Theseinvestigations haveled to arrests and convictions for violations ofFederal firearm laws. I have been involvedin the preparation and execution of searchandseizure warrantsandarrest warrantsfornumerous violations of both federal andstatelaw. I havetestifiedinUnitedStatesFederal CourtintheEasternDistrict ofVirginia and in the Eastern District of North Carolina.3. I amthecaseagent investigatingKENNETHR. MEEKS(MEEKS) for Federalfirearmsviolations,and I base the followingon my own personal observations andinvestigativereports, the observations and reportsof other law enforcement agentsinvolvedinthisinvestigation, andareview ofMEEKS' criminal history. Allobservations referenced in this affidavit which were not personally made by me wererelatedtomebythe personswhomadesuchobservations. Sincethis affidavit isbeing submitted for thelimited purpose of securing an arrestwarrant for MEEKS,Ihave not included each and every fact known to law enforcement agents concerningthis investigation. I have set forth the factsthat I believe are necessary to establishprobable cause that Kenneth R. MEEKS didviolate Federal firearmlawand that thisviolation did occur in the Eastern District of Virginia.4. In late 2014, lawenforcement agents received information froma ConfidentialSource of Information(CS#1)that MEEKS was inpossessionofat least threefirearms in or aroundMay 2014 or June 2014. According to CS#1, he/she personallyobserved these firearmsin MEEKS'residence in the HH^H^IHI^^HLPortsmouth, Virginia ^^|. CS#1described the three firearmshe/she observed asfollows: a black incolor AR-15 style rifle, at least one 9mm pistol, and another pistolof unknown caliber (possibly .380 caliber). CS#1further described this latter pistolashaving "Las Vegas, NV" marked onit. CS#1advised these firearmswere storedin a safe in MEEKS' residence. CSI #1further advised that MEEKS possessed anadditional9mm pistol in a drawer in which MEEKSalso kept a scale for weighingnarcotics.Case 2:15-mj-00441 Document 5 Filed 08/04/15 Page 1 of 7 PageID# 115. Areviewof MEEKS' computerizedcriminal historyrecordrevealedtwo(2)priorfelony convictions: a 2008 conviction for possession of a firearm with a Schedule IorIIdrug; anda2008convictionforpossessionof aScheduleIor IIdrug; bothconvictions occurred in Chesapeake Circuit Court. MEEKS' civil rights, notincluding his right to possess a firearm, were restoredby the Governor of Virginia onApril 15, 2015. MEEKS, throughcounsel, haspetitionedtheCircuit Court of theCityof Chesapeaketohavehisfirearmrightsrestored. MEEKS' petitionremainspending and is currently set for hearing on August 19,2015.6. In March 2015, law enforcement agents received information from a secondConfidential Sourceof Information(CS#2) that KENNETHR. MEEKSandK.M.were in possession of numerous firearms(approx. 20-30)and ammunition, includingsuspected firearmsilencers andhomemade machineguns. CS#2 indicated that he/shepersonally observed K.M. transport these firearms in a vehicle belonging to MEEKS,and that both MEEKS and K.M. handled and discharged these firearms inapproximately late February or early March of 2015. At that time, MEEKSindicatedto CS#2 that at least one of the silencers in MEEKS'possession was homemade fromanitemMEEKShadorderedfromtheinternet. CS#2describedtheotherfirearmspossessed by MEEKS and K.M. as being handguns, rifles, and shotguns of variousmakes and calibers/gauges.7. Both CS#1 and CS#2 have provided information to law enforcement in prior criminalcases which was determined to have been reliable. The law enforcement agents inthisinvestigation haveno knowledge or reasonto believethat CS#1 and CS#2 knoweach other or have any existing or prior relationship.8. A searchof the ATFNational Firearm Registration and Transfer Record (NFRTR) inJune 2015 revealed neither MEEKS nor K.M. have any firearmsilencers ormachineguns(otherwisereferredtoas NFAweapons) registeredtothemintheNFRTR, as is required under Title 26, United States Code, Section 5841.9. On May 31, 2015, while conductingsurveillanceof MEEKS' and K.M.'s residences,lawenforcement agents observed MEEKS arrive at K.M.'s residence in Portsmouth,Virginia driving a blackDodge pickup truck bearing VAlicense plates |^^^^|.This vehicleisregistered toMEEKS. MEEKSexited his truckandenteredtheresidence. Ashort timelater, MEEKSwasobservedexitingK.M.'s residencecarrying two(2)longguns(rifles and/or shotguns),bothblackin color. MEEKScarried thefirearms tohis truck and placed theminside therear passengercompartment. Anunidentified malewas observedwalkingwithMEEKS andcarryinga thirdlonggunto MEEKS' truck. ThisfirearmwasalsoplacedinsideMEEKS' truck. Another unidentifiedmale, wearing anoranget-shirt, wasalsoobservedat this time walking with MEEKSand carrying alarge box to MEEKS'truck. The box was also placed inside the rear passenger compartment of MEEKS'truck. The surveillanceagentsnoted the box appearedto be heavy and the agentssuspected theboxtocontainammunition. MEEKSandtheunidentifiedmalesthenwalked back to the residence.Case 2:15-mj-00441 Document 5 Filed 08/04/15 Page 2 of 7 PageID# 1210. A short time later, MEEKS was observed walking from the residence and returning tohis truck. Once inside the truck, MEEKS appeared to rearrange items in the back seatand, after a short time, MEEKS departed the location in his truck.11. Surveillance agents followed MEEKS as he left the area and eventually arrived at aproperty inSuffolk, Virginiaat theendof anunnamed gravel road, markedbyawhitesign with redlettering displaying the name"Monk's." Another male arrived atthe propertyat the same time as MEEKS ina separate vehicle. This individualopenedthe gateanddroveontothepropertywhileMEEKSfollowedinhistruck.MEEKS parked his truck at the edge of a clearing on the property, with the bed of thetruckfacingtowardsasection of theproperty withbrushandtrees. MEEKSthenopened the bed of his truck, folded back a bed cover, and began moving items around.MEEKS appeared to lay out a blanketin the bed of his truckand appeared to beginlaying items outon top of theblanket (someitems appearedto comefromtherearpassenger compartment). ATFSpecial Agent (SA) HansenthenobservedMEEKShandling a black in color pump shotgun and a high-power rifle with a scope.12. Over the course of approximately the next three hours, SA Hansen observed MEEKS(and another male who arrived shortly after MEEKS, who was subsequentlyidentifiedby law enforcement agentsas J.B.)handleand/or discharge atleast 8 or9different handguns and long guns. SA Hansen observed one of the firearms handledanddischargedbyMEEKSasablackin color pistol havingablackin color, long,cylindrical item attached to the end of the barrel. SA Hansen noted the report of thisfirearmwassignificantlymuffledordiminishedfromwhat shouldbe expected, andbelieved the attached item was a firearm silencer or suppressor. SA Hansen observedtheotherfirearms handledand/or dischargedbyMEEKSasablackincolor pistol(with no silencer), a black in color SKS style rifle, a blackin color AR-15style rifle,a blackin colorshotgun, a high-power riflewitha scopeandwoodenforeendandstock, alowerpoweredriflewithnoscopeandalsohavingawoodenfore endandstock, and atwo-tonehandgun(silver or chromeover black). SAHansennotedMEEKSwasdischarging theshotgun fromhiship, nothisshoulder, indicatingthisshotgunwas possibly of the"home defense" styleandwasdesignedtobe heldby apistol grip. SA Hansenfurthernoted the high-power riflewitha scopehad a reportsignificantly louder than the other rifles being fired by MEEKS and J.B. SA Hansenalso observed MEEKS seemingly loading ammunition into numerous firearmmagazines of different shapes/sizes, including from a box believed to be Remingtonbrand ammunitionbasedonthecolorscheme of thebox(greenover yellow).Case 2:15-mj-00441 Document 5 Filed 08/04/15 Page 3 of 7 PageID# 13Photographtakenby ATFSA HansenonMay 31, 2015depicting MEEKSfiring a black in color pistol (without silencer).Photograph taken by ATF SA Hansen on May 31, 2015 depicting MEEKSfiring a rifle with wooden fore end and shoulder stock and no scope.13. At approximately 2:55 p.m.. both MEEKS and J.B. began cleaningup and J.B. wasultimately seen loading at least three (3) long guns, and possibly a handgun box, intothe trunk of his vehicle. MEEKS was seen carrying at least onelong gun around tothe driver'sside passenger compartmentof his truck. AlthoughSA Hansen's viewwas obstructed and he did not see this firearm actually placed into MEEKS*truck, SAHansen did not see that firearm carried anywhere elseby eitherMEEKS or J.B. andbelieved that it was placed in MEEKS' truck. In total, SA Hansen observed MEEKSand J.B. handling and firing at least 8 or 9 different firearms. MEEKShad brought 3firearms fromK.M.'s residence and J.B. was seen arriving and leaving withapproximately 3 or 4 firearms. SA Hansenconcludes that one or more of the firearmsobserved inMEEKS" possessionon this occasionwere alreadypresentinMEEKS"truck prior to MEEKS' arrival at K.M.'s residence on May 31, 2015, as described inparagraph 9 of this affidavit.14. At approximately 3:06 p.m.. J.B. entered his vehicle and departedthe area. J.B. wasnot identifiedasaprohibited person and did not appear topossess any illegalfirearms. Surveillance agents did not initiate further surveillance on J.B.Case 2:15-mj-00441 Document 5 Filed 08/04/15 Page 4 of 7 PageID# 1415. Thesurveillanceagentsre-establishedsurveillance of MEEKSandfollowedhimashe drove directly tohis residence in the |^|^|^H^^^^^^| in Portsmouth,Virginia MEEKSparkedonthegrassof hisfront yard, withthebedof histruckfacingtowardtheresidence. MEEKSexitedhis vehicleandenteredhis residence.The surveillance agents did not observe MEEKS carrying anything withhim when heentered the residence. Surveillance on the residence was terminated ashort time laterwith no further significant observations.16. On June 23, 2015, ATF and DEAagents interviewed a Federal CooperatingDefendant (CD#1) concerningMEEKS. AccordingtoCD#1, CD#1 soldMEEKSmulti-ounce quantities of cocaineon three occasionsbetweenMarch 2014 and May2014. AccordmgtoCp#L^llthreetransactions took place inside MEEKS' residencein the ^^^H^H^^^H^Hin Portsmouth, Virginia1. CD#1told the agentsthat he/she observed twoblackincolorlonggunsinMEEKS' residence inearly2014. CD#1 stated that he/she observed the firearms mounted or hanging on a wall ina bedroom. CD#1described one of the firearms as having a "handle" all the way onthe "back" and not having a shoulder stock. The agentsshowed CD#1 an image of a"homedefense" styleshotgun, havingapistol gripandnoshoulderstock. CD#1indicated that the firearm he/she observed in MEEKS'residence was the same kind offirearm, further stating that he/she specifically took note of the "handle" and the (foreend), referring to the pump-action of the shotgun. CD#1 described the other firearmas being long, but thatit had a foldingshoulder stock. Theagentsshowed CD#1 animage of an SKS-style rifle with a folding stock. CD#1identified the image as beingof the same type of firearm CD#1saw in MEEKS'residence.17. CD#1further stated that MEEKS engaged CD#1 in a brief conversation relating tofirearms. MEEKS asked CD#1 if he/she "liked" firearms, to which CD#1 responded1Recordings made of telephone conversations between CD#1and MEEKS in July 2014corroborate CD#l's information concerning MEEKS' drug relationship with CD#1. OnJuly 8, 2014, The Honorable Mark S. Davis, United States District Judge for the EasternDistrict of Virginia,Norfolk Division, entered an order authorizing the interception ofwire communications occurring over a cellular telephone then being utilized by CD#1infurtherance of a conspiracy to distribute cocaine. On or about July 10, 2014, CD#1andMEEKSengaged in a series of telephone conversations which were intercepted by lawenforcement. During theseconversations, CD#1 agreed todistributenineounces ofcocaine to MEEKS for $1,300 per ounce. At approximately 2:15 p.m., CD#1agreed tomeet MEEKSat MEEKS' residence at 5:00 p.m. with "nine" (ounces of cocaine). Atapproximately4:58 p.m., CD#1 and MEEKSspoke bytelephone. MEEKS advisedCD#1 that K.M. could get MEEKS "onefor 45"(one kilogram of cocaine for $45,000).CD#1agreedtoattempt tolocateakilogramof cocainetosell toMEEKS. MEEKSinformed CD#1 that MEEKS andK.M. were leaving for NorthCarolina in 30 minutes (tobuy cocainefroman alternatesource)if CD#1 wasunableto locateone kilogramofcocaine to sell to MEEKS. At approximately 5:44 p.m., CD#1 informed MEEKS thatCD#1 had not found"one" (kilogramof cocaine) but CD#1 was still looking.Case 2:15-mj-00441 Document 5 Filed 08/04/15 Page 5 of 7 PageID# 15no. MEEKSthenstatedthat helikedgunsbut that hecouldnot buythemhimselfbecause of his criminal record, so MEEKS" wifebought gunsfor MEEKS.18. ATF agentshaveidentified a recent firearmpurchase by MEEKS' wife. Therecordsof Superior Pawn, Inc., a federally licensed gun dealer in Virginia Beach, VA,identifyMEEKS' wifeas thepurchaser of ausedWalther.22caliberpistol, ModelP22on February16,2015.19. On July23,2015, anATFSpecial Agent actingin anundercover (UC) capacitymetwithMEEKSunder theguiseof selling scrap/autometal partstoMEEKS. MEEKShadpreviouslybeen identifiedas apersonengaged inthe businessofbuying andsellingthesemetal parts. Duringthesaleof metal parts toMEEKS, theUCAgentwas able toengage MEEKSinaconversation relating tofirearms. Duringthisconversation, MEEKStoldtheUCAgent that heownedtwodifferent AR-15rifles.onemade byRockRiver Arms andtheother made bySpike'sTactical. MEEKSstatedhepurchasedtheRockRiver Armsrifleapproximately twoweeksearlierandwas interestedin selling this firearmfor $700. MEEKSindicated he purchased theSpike's Tactical riflenear the sametimefor $850. Additionally, MEEKS showed theUCAgent pictures of both rifles on MEEKS" cell phone. As a result of thisconversation, MEEKSagreedtosell the RockRiver Arms rifle totheUCAgent.MEEKSthenled theUCAgent directlytoMEEKS' residenceinPortsmouthwherehe retrieved the Rock River Armsrifle from inside his residence, along with a blackplastic rifle case, riflescope, anda30-round ammunitionmagazine. MEEKS soldthis firearm(with listed accessories) to the UCAgent in the front yardofhisresidence. In additional conversation relatingto pistols, MEEKS told the UC Agentthat his "favorite"is the"22" (.22caliber), andthat he hasaWalther P22. MEEKStold the UC Agent he did not have any pistols for sale "rightnow," but asked the UCAgent what sizehe waslookingfor andindicated hewould "keep(his) ears open."MEEKS also expressed an interest to the UC Agent in acquiring an AK (AK-47 rifle).Photograph of the Rock River Arms Model LAR-15 5.56mm riflepurchasedfrom MEEKS at his residenceby theUC Agent on July 23,2015.Case 2:15-mj-00441 Document 5 Filed 08/04/15 Page 6 of 7 PageID# 1620. ATFSpecial Agent M. Darrell Logwood, trainedandqualifiedinthemanufactureandmovement of firearmsandammunitionininterstatecommerce, hasdeterminedthatthefirearmpossessedandsoldbyMEEKStotheUCAgent onJuly23,2015,was not manufactured in the Commonwealth of Virginia, and therefore has previouslytraveled in interstate commerce.21. Based on the foregoing, I believe thatthereis probable cause tobelievethatKennethR. MEEKS has committed a violationof Title 18, United States Code, Section922(g)(1), thatis, possession of a firearmby a convictedfelon, andI request that anarrest warrant be issued.John HansenSpecial AgentBureau of Alcohol, Tobacco, Firearms & ExplosivesSubscribedand sworn to before me this day of August 2015.UNITED STATES MAGISTRATE JUDGENorfolk, VirginiaCase 2:15-mj-00441 Document 5 Filed 08/04/15 Page 7 of 7 PageID# 17