Probable Cause Affidavit, Essay Example

The following affidavit submitted to Court, documents the probable cause in support of the arrest of Frank Johnson DOB 10-8-51.

This offense fully documented in El Fuego Police Department Offense Report

08-03778 detailing the offense(s) of:

18-3-104 Attempted Auto theft

With the victim(s) identified as John Ray Brown DOB 6-10-86 3110 Elm, El Fuego

I Thomas Nate the affiant, police, offer with El Fuego police department and currently assigned to patrol and investigation unit.

On August 21^st 2006 at 11:00 A.M, I and Officer Tom Wagner working in a marked police vehicle during patrol receive a radio call to respond to a vehicle tampering in progress at 3000 block of Elm. As we headed there, a second broadcast received where the informant was John Brown, victim of theft.

The information provided was that a suspect, Frank Johnson, was trying to steal a white Explorer. From a distance to the scene we observe an explorer, which had its hood partially open. Also, a white male seated in the driver’s seat with his left leg out on the ground. Approaching the victim’s car from the rear end, the suspect, did not see us coming. However, as we pulled to stop, he looked and saw us alighting from the car and took off running. My partner Tom Wegner was able to order to suspect to stop.

When I walked to the open car to investigate, I noted that the remote starter switch was lying on the floor with wires still attached under the hood, the connector of the remote starter switch connected to the battery and solenoid. Although the suspect said he was resting in the car, Tom and I knew an auto theft was in progress. The victim, John Ray Brown, later approaches us and identifies himself and after running the plate of the car, which was a white 1999 ford Explorer with California licensed plate 6H312T registered to him.

In his statement, John said he saw the suspect (Frank) walking checking car door handle, and when he got to his car he stuck something into the lock and the door opened. He then unlatched the hood and put some wires, got back to the driver’s seat and tried to start the car. That was when we arrived. John said he wanted to prosecute the suspect. After further investigations, I took pictures and remote starter switch as a form of evidence and arrested Frank with charges of attempted auto theft.