04/ 10) Application for a Search Warrant AUTHORIZED AND APPROVEDIDATE: iG i3
UNITED STATES DISTRICT COURT FI,LED for the JUN - 6 2013 _____ ______DISTRICT OF _____ 1=ER...... ...... K U.S. DIST. DlST. OF 0KlA. In the Matter of the Search of BY DEPUTY (Briefly describe Ihe property 10 be searched 3 or idenlify the person by name and address) Case No: M-13- ()() -P The premises known as: 606 NW 25th Street, Oklahoma City, Oklahoma , and all outbuildings, vehicles, and curtilage, APPLICATION FOR A SEARCH WARRANT I, a federal law enforcement officer or an attorney for the government, request a search warrant and state under penalty of perjury that I have reason to believe that on the following property (idenlify the person or describe property 10 be searched and give ils localion): See Attachment A. located in the Western District of Oklahoma, there is now concealed (idenlify the person or describe the property 10 be seized): See Attachment B. The basis for the search under Fed. R. Crim. P. 41(c) is (check one or more): X evidence of a crime; X contraband, fruits of crime, or other items illegally possessed; o property designed for use, intended for use, or used in committing a crime; o a person to be arrested or a person who is unlawfully restrained. The search is related to a violation of: Code Section Offense Description \ 18 U.S.c. 1591(a) Sex trafficking of children by force, fraud, or coercion; and 18 U.S.c. 2251 Production or attempted production of child pornography The application is based on these facts: See attached Affidavit ofSpecial Agent Scott D. Lobb, Federal Bureau ofInvestigation (FBI), which is incorporated by reference herein. X Continued on the attached sheet(s). o Delayed notice of __ days (give exact ending date ifmore than 30 days) is requested under 18 U.S.c. 3103a, the basis of which is set forth on the attached sheet(s). -::,. ........ . . - .... ' Scott D. Lobb , .. - . .'" . Special Agent FBI Sworn to before me and signed in my presence. Date 201"3 City and State: Oklahoma City, Oklahoma G M. Purcell Case 5:13-mj-00300-P Document 1 Filed 06/06/13 Page 1 of 12 Attachment A I am submitting this affidavit in support of an application for the issuance of a search warrant to search the property described as: A residence located at 606 NW 25 th Street, Oklahoma City, Oklahoma. The front doors of both units face north. The target residence, 606 NW 25 th Street, is on the west side of the structure and the other unit, 604 NW 25 th Street, is on the east side. The structure has a brick exterior. A window is located to the left of the white front door of the target residence and the number 606 affixed to the front of the house. Case 5:13-mj-00300-P Document 1 Filed 06/06/13 Page 2 of 12 Attachment B This application seeks permission to search and seize records that may be located on desktop computers, laptop computers, tablets and cellular telephones with internet access, commonly referred to as smart phones. I submit that there is probable cause to believe records related to the procuring of prostitutes will be stored on these devices for at least the following reasons; A. Based on my knowledge, training and experience as a law enforcement officer, I know men looking to utilize a prostitute use the internet to procure their sexual services. Devices commonly used to locate a prostitute to their liking include desktop computer, laptop computer, tablet and/or a cellular telephone with internet access. Even when files have been deleted, they can be recovered months or years later using readily available forensic tools. This is because when a person deletes a file on the aforementioned devices the file does not actually disappeared, rather, that data remains in the hard drive of the device until it is overwritten by new data. B. Therefore, deleted files, or remnants of deleted files, may reside in the free space that is not currently being used by the drive or an active file. C. I know that searching for information stored on a device listed above often requires the device to be searched by a qualified computer expert in a laboratory or other controlled environment. This is often necessary to ensure the accuracy and completeness of such data, and to prevent the loss of the data either from accidental or intentional destruction. D. Searching the above named devices for criminal evidence sometimes requires highly technical processes requiring expert skill and a controlled environment. Searching data are scientific procedures designed to protect the integrity of the evidence and to recover hidden, erased, compressed, password protected or encrypted files. Therefore, a controlled environment with the technical persons to retrieve the data is necessary to maintain the integrity of the evidence. Case 5:13-mj-00300-P Document 1 Filed 06/06/13 Page 3 of 12 Affidavit in Support of a Search Warrant I, Scott D. Lobb, being duly sworn, state as follows: 1. I have served in various federal law enforcement positions for over eighteen years. Currently, I am a Special Agent with the Department of Justice, Federal Bureau of Investigation (FBI), and have been so employed since January 25, 2004. I am currently assigned to the Oklahoma City Division. My duties include conducting criminal investigations of violent crimes, crimes against children, and matters related to juvenile prostitution. I have received training in conducting criminal investigations from the FBI Academy in Quantico, Virginia and elsewhere. Prior to my employment with the FBI, I was employed with the U.S. Border Patrol and the Immigration and Naturalization Service as a Deportation Officer and Special Agent. 2. I present this affidavit in support of a search warrant for a residence, listed in attachment A, to search for and seize items related to procuring a prostitute using the internet and for producing child pornography, listed in Attachment B. Pursuant to the authorities of this Court and Rule 41 of the Federal Rules of Criminal Procedure, I seek authority to search this property for evidence and instrumentalities related to the allegations against Nathaniel Zeke Campfield (CAMPFIELD) for committing sex trafficking of children by force, fraud, or coercion, in violation of 18 U.S.C. 1591(a) and production or attempted production of child pornography, in violation of 18 U.S.c. 2251. 3. Through my training and experience, I am aware of methods employed by males, commonly referred to as 'johns," who hire female prostitutes for commercial sex purposes. To find a prostitute, johns commonly search websites that prostitutes use to advertise their services. Johns search the websites from desktop computers, laptop computers, tablets and/or cellular phones with internet access. When a john finds a prostitute he likes, the john communicates with the prostitute through email, SMS (or text message), or telephone call to arrange a meeting location and discuss the cost of the prostitute's services. 4. I have not included every fact I know about this investigation in this affidavit. I have only included those facts I believe are needed to demonstrate probable cause for the warrant sought. The information in this affidavit is based on my personal knowledge and observations; information conveyed to me by other law Case 5:13-mj-00300-P Document 1 Filed 06/06/13 Page 4 of 12 enforcement officials; and my review of records, documents, and other physical evidence relevant to CAMPFIELD's activities.' Nathaniel Zeke Campfield 5. CAMPFIELD was born XXIXXI198 1. He is a United States citizen who, as of May 25, 2013, was residing at 606 N.W. 25th Street, Oklahoma City, Oklahoma in the Western District of Oklahoma. The affiant possesses no information CAMPFIELD has permanently vacated the residence. As of May 25, 2013, CAMPFIELD was employed as a reporter for The Oklahoman newspaper in Oklahoma City, Oklahoma. The Relevant Criminal Law 6. 18 U.S.c. 1591(a) makes it a crime to knowingly recruit, entice, harbor, transport, provide, obtain, or maintain by any means a person, or to benefit from such activities, in or affecting interstate commerce, knowing that the person will be caused to engage in a commercial sex act; knowing or in reckless disregard of the fact that either the person is a child under the age of 18, or force, fraud or coercion was used. 7. 18 U.S.C. 2251, also known as The Protection of Children Against Sexual Exploitation Act, criminalizes the (1) persuasion, inducement, or enticement of (2) any minor to engage in (3) any sexually explicit conduct (4) for the purpose of producing any visual depiction of such conduct. 2 8. Federal Rule of Criminal Procedure 41 permits a United States Magistrate Judge to issue a warrant authorizing a federal law enforcement officer to search for and seize evidence, fruits, and instruments of a particular crime. Such a warrant is generally issued upon the written application and affidavit of a federal law enforcement officer. 1 Some of the information contained in this affidavit has been reported in "an obscure local blog." See http://www.lostogle.com. 2 In United Slales v. Helton, the Tenth Circuit held that a video of a child urinating where the focal point is her underpants and genital area that was surreptitiously recorded by the defendant by placing a hidden camera in the bathroom, coupled with the defendant's "extreme interest in visual depictions of female underpants" was sufficient to sustain a conviction under 18 U.S.C. 2251 (a). United Slales v. Hellon, 302 Fed.Appx. 842, 849 (10th Cir. 2008) (unreported). Case 5:13-mj-00300-P Document 1 Filed 06/06/13 Page 5 of 12 Summary of the Facts 9. On May 6, 2013, FBI agents interviewed a juvenile prostitute (CHF) for the purpose of determining her age. The FBI received information that CHF was potentially ajuvenile and was advertising on the website Backpage.com under the Escorts section. 3 Upon making contact with CHF, interviewing agents immediately identified themselves as FBI agents. CHF admitted she was 16 years of age and to have been engaged in prostitution for about two-and-a-halfto three weeks. During the interview, CHF and her adult boyfriend, gave consent to look through her phone. A photograph on the phone featured an Oklahoma driver's license issued to CAMPFIELD. It listed his date of birth as XXlXXI1981. The listed address was 808 S.W. 10th Street, Lawton, Oklahoma. The driver's license number was L0832220292. A picture of a white male was contained thereon. CHF said she took the photograph for her security because CAMPFIELD expressed reservations about her "boyfriend" being in the area while he had sex with CHF. 10. On May 8, 2013, FBI agents interviewed CAMPFIELD at his residence at 606 N.W. 25th Street, Oklahoma City, Oklahoma. Agents showed CAMPFIELD a photograph of CHF and asked if he knew the girl in the photograph. He became noticeably flushed in the neck and face and admitted he knew her. CAMPFIELD expressed embarrassment about his actions and explained he was coming out of a long-term relationship. He said he contacted CHF after seeing one of her advertisements on a website, though he was unsure of which website. CAMPFIELD admitted to meeting CHF at a gas station on Western Avenue, Oklahoma City, near his home. CANIPFIELD said he decided against paying CHF for sex because the presence of her male companion made him nervous. CAMPFIELD said CHF did not go with him to his residence, nor had she ever been there. 11. CHF posted an advertisement for prostitution services on Backpage.com on or about May 7, 2013. The advertisement was discovered by your affiant. At the request of your affiant, the Oklahoma City Police Department, Vice Enforcement Unit attempted to make contact with CHF and did so on May 9, 2013, in Edmond, 3 The website backpage.com is a popular website used by prostitutes to advertise their services. In prior investigations, the advertisements were usually listed in the "Adult Services" section of the website. Case 5:13-mj-00300-P Document 1 Filed 06/06/13 Page 6 of 12 Oklahoma. CHF was arrested for offering to engage in prostitution in Edmond, Oklahoma. During her post-arrest interview CHF was again questioned about her encounter with CAMPFIELD. She said she was paid $200 to have sex with CAMPFIELD at his residence. When asked about the photograph of the driver's license, CHF said she took it as a security measure, a compromise with CAMPFIELD, who was opposed to her boyfriend providing security by sitting outside of CAMPFIELD's residence. Following her arrest, the content of CHF's cellular telephone was downloaded, to include text messages. 12. On May 10, 2013, CHF was interviewed at the Oklahoma Juvenile Detention Facility in Oklahoma City, Oklahoma, in which she provided details about her sexual encounter with CAMPFIELD. She said CAMPFIELD met her at a gas station on Western Avenue and gave CHF a ride to his residence located a short distance away. CHF detailed the interior of CAMPFIELD's residence including a description of furniture and its location in the residence. CHF said shortly after entering the residence, she commented on a photograph of a young girl in the living room area. CAMPFIELD replied the girl was his daughter. CHF asked if CAMPFIELD had engaged in sex with prostitutes before, to which he replied he had but not that often. The two went to the bedroom where they engaged in sex. CHF provided a description of CAMPFIELD's bedroom, including the location of the bed to the right side of the room close to the wall as one entered and a guitar placed on a guitar stand. When the two finished having sex, CAMPFIELD placed $220 on the couch as payment to CHF. CAMPFIELD gave CHF a ride back to the gas station. CHF completed a sketch of CAMPFIELD's residence. 13. A review ofCHF's text messages on her telephone, number 405-886-2206, indicate that she had contact with CAMPFIELD via text message beginning in late April. The messages on CHF's phone were with a number listed as 405-543-9740. CAMPFIELD's phone number was listed as 405-543-9740 in his May 25,2013 arrest report (Oklahoma City Police Department case number 13-043044). 14. CAMPFIELD's first contact with CHF using his phone number 405-543-9740 occurred on April 23, 2013 at 5:59:05 p.m. There is back and forth between CAMPFIELD and CHF as the two negotiate, via text message, to meet and have sex. At one point, CAMPFIELD asked CHF her rates to which she responded: "120 for 30 min and 170 for hour." Shortly thereafter CHF asked for a picture of CAMPFIELD, but he replied, "Sorry, I work a high profile job." CAMPFIELD Case 5:13-mj-00300-P Document 1 Filed 06/06/13 Page 7 of 12 requested CHF to meet him at a bar, but she responded she could not because she was only 19. CAMPFIELD attempted to renegotiate the price, asking CHF if she would take $150 for an hour. CHF responded she would not. On May 4,2013, CAMPFIELD sent CHF a text that read: "My bro is coming for his bday next weekend" and followed that text a short time later with, "U know any younger girls I can get him for present?" He offered to tip her a finder's fee. CHF responded she would need to meet in person to discuss it. 15. On May 25,2013, the Oklahoma City Police Department (OCPD) arrested CAMPFIELD at a Moore high school graduation ceremony held at the Cox Convention Center. It was alleged by mUltiple girls as young as 13 years old that CAMPFIELD was intentionally bumping into the young girls and taking pictures up their dresses into the groin area. The young girls noted that the area at the ceremony was not so crowded where people continually were bumping into each other, and that CAMPFIELD had to have been intentionally bumping into them. Furthennore, multiple witnesses at the graduation ceremony confinned that they became aware of CAMPFIELD pointing the camera up the young girl's dresses. With tension at an all-time high in Moore due to the recent devastation from the tornados, CAMPFIELD was covering the graduation ceremony as a photographer for the Oklahoman. In the police report, the officer questioned a young woman who became aware of the actions of CAMPFIELD when she witnessed another young girl being bumped into multiple times. The young girl said that she was worried about her broken ann that was in a cast, so she created a barrier between CAMPFIELD and the wall in order to make sure she would not get injured. When it became apparent that CAMPFIELD was taking pictures up the young girls' dresses, witnesses at the ceremony prevented him from leaving until the police officers arrived at the scene. 16. It was then alleged by witnesses that CAMPFIELD appeared to be deleting content from the digital storage device (SD card) on his camera and that he must have disposed of the SD card before the officers arrived. The reporting police officer noted that CAMPFIELD insisted that he had left the SD card at home. This is unlikely, however, because witnesses alleged that they saw the camera flashing up the girl's skirts as well as hearing a continuing clicking noise. But the camera would have been ineffective and could not have flashed without the SD card. Moreover, without the SD card, CAMPFIELD could not have photographed the graduation ceremony for the Oklahoman as he was assigned. Thus, the conclusion Case 5:13-mj-00300-P Document 1 Filed 06/06/13 Page 8 of 12 must be drawn that CAMPFIELD disposed of the SD card after his actions were noticed and before police arrived. 17. CAMPFIELD has a pattern of conduct similar in nature that should be considered. He was arrested in 2003 in Montana for related activity. Subsequently, CAMPFIELD and received a three-year deferred sentence for burglary offemale undergarments. This deferred finding was subsequently dismissed. Although not entirely conclusive, this as well as the incident at the graduation service should be used as evidence that a crime did in fact happen and should provide probable cause for a warrant to search his home. . 18. More improper behavior by CAMPFIELD was brought to the attention of his employer, the Oklahoman in 2012. CAMPFIELD was accused of continually bumped into various females at the Oklahoma state fair and snapping pictures up their skirts. 19. In order to find probable cause to receive a search warrant for CAMPFIELD'S home, we must present evidence that a crime was committed in a specific area. By searching CAMPFIELD'S home, we will be able to further establish that a crime has been committed. We must assume that CAMPFIELD owns a computer within his home because of his career as a photographer and reporter for the Oklahoman daily newspaper. Ifwe are able to search CAMPFIELD'S home, we will be able to also examine his computer and cell phone that would lead directly to evidence that CAMPFIELD committed the crime. It can also be assumed that CAMPFIELD owns a computer in his home because CHF was contacted by him through the cellular number advertised on the Backpage.com website. Further, in order for CAMPFIELD to have been in contact with CHF, it must be concluded that he used a computer to search for the website that ultimately led him to CHF. Also, CHF noted when she was inside CAMPFIELD'S home that she saw a bag that appeared to be a laptop carrier. Conclusion 20. Based on the foregoing, I have probable cause to believe that on or about April 23,2013, within the Western District of Oklahoma, Nathaniel Zeke Campfield transported CHF, age 16, to 606 NW 25 th Street, Oklahoma City, Oklahoma, knowing that the person would be caused to engage in a commercial sex act, knowing or in reckless disregard of the fact the person was a child under the age of Case 5:13-mj-00300-P Document 1 Filed 06/06/13 Page 9 of 12 18, in violation of 18 United States Code 1591(a). In addition, based on the foregoing, I have probable cause to believe evidence and instrumentalities relating to this crime will be located on electronic instruments and electronic media located in the residence described in Attachment A. FURTHER, YOUR AFFIANT SA YETH NOT. S ~ L ~ B ~ - - Special Agent Federal Bureau of Investigation .-. -.... Sworn to and subscribed before me on this ~ O f June, 2013. ---- . .... ... . JUDGE Case 5:13-mj-00300-P Document 1 Filed 06/06/13 Page 10 of 12 Attachment A I am submitting this affidavit in support of an application for the issuance of a search warrant to search the property described as: A residence located at 606 NW 25 th Street, Oklahoma City, Oklahoma. The front doors of both units face north. The target residence, 606 NW 25 th Street, is on the west side of the structure and the other unit, 604 NW 25 th Street, is on the east side. The structure has a brick exterior. A window is located to the left of the white front door of the target residence and the number 606 affixed to the front of the house. Case 5:13-mj-00300-P Document 1 Filed 06/06/13 Page 11 of 12 Attachment B This application seeks permission to search and seize records that may be located on desktop computers, laptop computers, tablets and cellular telephones with internet access, commonly referred to as smart phones. I submit that there is probable cause to believe records related to the procuring of prostitutes will be stored on these devices for at least the following reasons; A. Based on my knowledge, training and experience as a law enforcement officer, I know men looking to utilize a prostitute use the internet to procure their sexual services. Devices commonly used to locate a prostitute to their liking include desktop computer, laptop computer, tablet and/or a cellular telephone with internet access. Even when files have been deleted, they can be recovered months or years later using readily available forensic tools. This is because when a person deletes a file on the aforementioned devices the file does not actually disappeared, rather, that data remains in the hard drive of the device until it is overwritten by new data. B. Therefore, deleted files, or remnants of deleted files, may reside in the free space that is not currently being used by the drive or an active file. C. I know that searching for information stored on a device listed above often requires the device to be searched by a qualified computer expert in a laboratory or other controlled environment. This is often necessary to ensure the accuracy and completeness of such data, and to prevent the loss of the data either from accidental or intentional destruction. D. Searching the above named devices for criminal evidence sometimes requires highly technical processes requiring expert skill and a controlled environment. Searching data are scientific procedures designed to protect the integrity of the evidence and to recover hidden, erased, compressed, password protected or encrypted files. Therefore, a controlled environment with the technical persons to retrieve the data is necessary to maintain the integrity of the evidence. Case 5:13-mj-00300-P Document 1 Filed 06/06/13 Page 12 of 12