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Commonwealth of Pennsylvania SEARCH WARRANT

Commonwealth of Pennsylvania COUNTY OF LANCASTER APPLICATION FOR SEARCH WARRANT AND AUTHORIZATION Docket Number (Issuing Authority): Police Incident Number: 12-0089 WARRANT Control Number: 12-0089 (A) Detective John C. Duby Lancaster County Detectives 717-299-8100 06/22/2012 AFFIANT NAME AGENCY PHONE NUMBER DATE OF APPLICATION IDENTIFY ITEMS TO BE SEARCHED FOR AND SEIZED (Be as specific as possible): The attached affidavit of probable cause is incorporated by reference in its entirety. See attached SEARCH WARRANT Continuation Page SPECIFIC DESCRIPTION OF PREMISES AND/OR PERSON TO BE SEARCHED (Street and No.)

This Affidavit is made in support of an application for a Search Warrant to search for and seize instrumentalities, fruits, and evidence of violations of Title 18, Pa.C.S.§ 2501, relating to …

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Transcription of Commonwealth of Pennsylvania SEARCH WARRANT

1 Commonwealth of Pennsylvania COUNTY OF LANCASTER APPLICATION FOR SEARCH WARRANT AND AUTHORIZATION Docket Number (Issuing Authority): Police Incident Number: 12-0089 WARRANT Control Number: 12-0089 (A) Detective John C. Duby Lancaster County Detectives 717-299-8100 06/22/2012 AFFIANT NAME AGENCY PHONE NUMBER DATE OF APPLICATION IDENTIFY ITEMS TO BE SEARCHED FOR AND SEIZED (Be as specific as possible): The attached affidavit of probable cause is incorporated by reference in its entirety. See attached SEARCH WARRANT Continuation Page SPECIFIC DESCRIPTION OF PREMISES AND/OR PERSON TO BE SEARCHED (Street and No.)

2 , Apt. No., Vehicle, Safe Deposit Box, etc.): The attached affidavit of probable cause is incorporated by reference in its entirety. The entire contents of a black colored Apple iPhone 3G cellular telephone (717-327-0803) used by Gary Charles Gerlach, (DOB: 08/15/1989) which is currently located at the East Lampeter Township Police Department, 2250 Old Philadelphia Pike, Lancaster, PA 17602, East Lampeter Twp.,Lancaster County, PA NAME OF OWNER, OCCUPANT OR POSSESSOR OF SAID PREMISES TO BE SEARCHED (If proper name is unknown, give alias and/or description): Gary Charles Gerlach VIOLATION OF (Describe conduct or specify statute): Criminal Homicide, 18 2501 DATE(S) OF VIOLATION: 06/15/2012-06/16/201 WARRANT Application Approved by District Attorney DA File No.

3 (If DA approval required per 201(1) with assigned File No. per 507) Additional Pages Attached (Other than Affidavit of Probable Cause) Probable Cause Affidavit(s) MUST be attached (unless sealed below) Total number of pages: _____ TOTAL NUMBER OF PAGES IS SUM OF ALL APPLICATION, PROBABLE CAUSE AND CONTINUATION PAGES EVEN IF ANY OF THE PAGES ARE SEALED The below named Affiant, being duly sworn (or affirmed) before the Issuing Authority according to law, deposes and says that there is probable cause to believe that certain property is evidence of or the fruit of a crime or is contraband or is unlawfully possessed or is otherwise subject to seizure, and is located at the particular premises or in the possession of the particular person as described above.

4 Lancaster County Detectives 4 Signature of Affiant Agency or Address if private Affiant Badge Number Sworn to and subscribed before me this _____ day of _____, _____. Mag. Dist. No. _____ (SEAL) Signature of Issuing Authority Office Address SEARCH WARRANT TO LAW ENFORCEMENT OFFICER: WHEREAS, facts have been sworn to or affirmed before me by written affidavit(s) attached hereto from which I have found probable cause, I do authorize you to SEARCH the premises or person described, and to seize, secure, inventory and make return according to the Pennsylvania Rules of Criminal Procedure.

5 This WARRANT shall be served as soon as practicable and shall be served only between the hours of 6AM to 10PM but in no event later than:* This WARRANT shall be served as soon as practicable and may be served any time during the day or night but in no event later than: ** _____ M, o clock _____, _____. * The issuing authority should specify a date not later than two (2) days after issuance. 205(4). ** If the issuing authority finds reasonable cause for issuing a nighttime WARRANT on the basis of additional reasonable cause set forth in the accompanying affidavit(s) and wishes to issue a nighttime WARRANT , then this block shall be checked.

6 206(7). Issued under my hand this _____ day of _____, _____ at _____ M, o clock. (SEAL) Signature of Issuing Authority Mag. Dist. or Judicial Dist. No. Date Commission Expires: Title of Issuing Authority: District Justice Common Pleas Judge _____ For good cause stated in the affidavit(s) the SEARCH WARRANT Affidavit(s) are sealed for _____ days by my certification and signature.

7 ( 211) _____ _____(Date) (SEAL) Signature of Issuing Authority (Judge of the Court of Common Pleas or Appellate Court Justice or Judge). AOPC 410A-01 TO BE COMPLETED BY THE ISSUING AUTHORITY AOPC 410C-10-24-98 Commonwealth of Pennsylvania COUNTY OF LANCASTER APPLICATION FOR SEARCH WARRANT CONTINUATION PAGES Docket Number (Issuing Authority): Police Incident Number: 12-0089 WARRANT Control Number: 12-0089(A) Continuation of: Items to be searched and seized Description of premises/person(s) to be searched Owner/ Occupant Violations The entire contents and data recovery of a black colored Apple iPhone 3G cellular telephone, having AT&T cellular telephone number.

8 717-327-0803 to include text messages, voice mail messages, picture messages, emails, contacts, calendar entries, notes, internet activity, location and logging information, applications having maps, dialed numbers, incoming calls, outgoing calls, and missed calls that are stored in the phone and/or SIM card of the phone, ownership information, serial number, model number, and cellular telephone carrier information. Passlock or Password codes capable of preventing the forensic examination and data recovery of any and all information and/or data stored in electronic form on the phones internal storage media capable of being read, or which is capable of being interpreted.

9 Page of Pages AOPC 410B-10-24-98 Commonwealth of Pennsylvania COUNTY OF LANCASTER AFFIDAVIT OF PROBABLE CAUSE Docket Number (Issuing Authority): Police Incident Number: 12-0089 WARRANT Control Number: 12-0089(A) PROBABLE CAUSE BELIEF IS BASED UPON THE FOLLOWING FACTS AND CIRCUMSTANCES: 1. Your Affiant is a Lancaster County Detective employed by the Office of the District Attorney of Lancaster County as a Computer Forensic Examiner. Your Affiant has been a sworn Police Officer in excess of 25 years and is a graduate of the Pennsylvania State Police Academy where I underwent a detailed course of training and education on the duties of a Pennsylvania State Trooper.

10 From October of 1986 to January of 2011, Your Affiant was employed by the Pennsylvania State Police as a Pennsylvania State Trooper. In January of 2011, Your Affiant retired from the Pennsylvania State Police and upon my retirement was hired by the Office of the District Attorney of Lancaster County as a Lancaster County Detective and assigned to the Computer Forensic Unit. Your Affiant is currently a certified and sworn Police Officer through the Pennsylvania Municipal Police Officers Education and Training Commission. 2. Since 1991, Your Affiant has been a Criminal Investigator.


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