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SEARCH WARRANT

In the General Court of JusticeSTATE OF NORTH CAROLINA

WAKE County District Court Division

In the Matter of

5108 Birchleaf Dr, Raleigh NCT~, Issued"i> " 100AMPM

To any officer With authority and juV.fdiction to conduct the search authorized by this Search Warrant:

I, the undersigned, find that there is probable cause to believe that the property and person describedI I in the application on the reverse side Jind related to the commission of a crime is located as described in

Name of AddHional Affiant the application.

RETURN OF SERVICE

ICertify thatthia Search WARRANT was receivedand executed as follows:

You are commanded to search the premises, vehicle, person, and other place or item described in the applicationfor the property and person in question. If the property and/or person are found, make the seizure and keep theproperty subject to Court Order and process the person according to law.

1_. ... i _.. I

You are directed to execute this Search Warrant within forty-eight (48) hours from the time indicated on thisI N I I - I I I Warrant and make due return to the Clerk of the Issuing Court.

_____________ as commanded.

'I seized the items listed on the aHachedinventoryo Idid not seize any items.

o This warrant was not executed within ·48hours of the date of issuance and I herebyretum it not executed

. 4

DAM UPMum

-This Search Warrant is issued upon information furnished under oath by the person or persons shown.

>This Search Warrant was returned to me on the dateand time shown below~ate I TlrTle

Signature

DeputyCSC Cleric of Superior Court

SIilA.IitI~VVARRANTI, BT David 2(

(Insert name and address; or if law enfo me ";cer, nartre, rank and agency) . /\

being duiy sworn, request that the court issue a warrant to ~h ~e~, place, vehicle, and other items d ~cNnthis application and to find and seize the property and person~cribed i is application. There is probable cau 0to believe that see attached i

(Describe property to be seized; or jf search wa"!}t 7' to be used for searching 8place lJto serve an arrest warrant or other p

constitutes evidence of a crime and the identity of a personto be arrestad)

1-;;:;:::=-;:;:;=:::l"---------------------=:..---f*.J---------- 'and is located(Name Crime) (l(check appropriate box(es) and fill-in specified information) ~ .

o in the following premis,es _

~-------------------(-G-iV-e-ad-d-re-"-aoo_+,(¥-se-fu-'_,~_~_De __pre__m_ise_S_) _

(and)o on the following person(s)(Give name(s) and, if useful, describe PemJn(s))

(and)o in the following vehicle(s)(Describe vehicle(s))

(and)o

(Name and/or describe othar places or items to be sear.;h&d, if applicable)

The applicant swears tq the following facts to establish probable cause for the issualJce of a search warrant:

See Attached

H-------~~~-------~~~~--~~~~~------~--------------~---------------

o In addition to the affidavit included above, this application is supported by swom testimony. given by

This testimony has been (check appropriate box) 0 reduced to writing 0 tape recorded and I have filed each with theCleric .H If ;I Cbntinuation is necessary. continue the statement on an attached sheet of paper with a notation saying "see atfachment."Date the continuation and include on it the signatures of the applicant and issuing official.

STATE OF NORTH CAROLINA

Wth<8_".? County

~iieNO'

In The General Court Of JusticeoDistrict 0 Superior Court Division

IN THE MAITER OF:INVENTORY OF ITEMS SEIZED

PURSUANT TO SEARCHG.S. 15A-223. 15A-254. -257

I. the undersigned officer. executed a search of:Date Or Search

4/Y)/o'7This search was made pursuant to

1. a search warrant issued by: =.:rU~ ~~ S~~2. consent to search given by:3. other legal justification for the search: _

The following items were-seized:

CJAJe (D 12-·~H

{,J -:P1/i rt r3L It-c K

AOC-CR-206, Rev. 5/98'" 1998 Administrative Office of the Courts

(Over)Original - File Copy - Person Whose Property Seized

Items Seized Continued:

Q 1. I left a copy of this inventory with the person named below. who is:

o a. the owner of the premises searched.D b. the owner of the vehicle searched.D c. the person in apparent control of the premises searched.

o d. the person in apparent control of the vehicle searched.D e. the person from whom the items were taken.

}gf 2. As no person was present. I left a copy of this inventory:

~ a. in the premises searched. identified on the reverse.D b. in the vehicle searched, identified on the reverse.

Name And Address 0 Person To Whom A Copy Of This Inventory Was Delivered. If Any

The law enforcement agency identified below will hold the seized property subject to co order.

SWORN AND SUBSCRIBED TO BEFORE MEDare

Signature Name And Address Of Agency

{AJCSVh:D::::;--:----:-::-:----~----------i ~~~ ~ C

ACKNOWLEDGMENT OF RECEIPT

I, the undersigned, received a copy of this inventory.Date Signature of Person Receiving Inventory

. I AOC-CR-206, Side Two, Rev. 5/98\ _ 111998 Admiriistrative Office of the Courts

'.

SEARCH WARRANT STATE OF NORTH CAROLINAWake County

In the General Court of JusticeDistrict Court Division

In the Matter of:

5108 Birchleaf Drive Raleigh, North Carolina 27606-9360

Continuation of: Constitutes evidence of a crime and the identity of a person participating in a crime;Murder.

Continuation of.' Description 0/ Property to be Seized;'One mallet type object.

Continuation of: Description of Premises and Curtilage to be Searched;The curtilage located at 5108 Birchleaf Drive Raleigh, North Carolina 27606-9360. The residence is a two-storybrick home. The residence is red brick in color with black shutters. The residence has a small wooden-railedfront porch that extends left of the front door.

The structure to be searched is located by the following directions: From downtown Raleigh, NC proceed southon Lake Wheeler Road from the intersection of Lake Wheeler and South Street. Proceed south on LakeWheeler Road to the intersection of Yates Mill Pond Road and turn right. Proceed a very short distance onYates Mill Pond and turn left on to Penny Road. Proceed southwest on Penny Road to the second street on theleft, and turn left on Birchleaf Drive. Proceed south on Birchleaf to 5108 Birchleaf Drive Raleigh, NorthCarolina.

Continuation of: Probable Cause:

This affiant, Investigator Brent David, has been in law enforcement since 1995. I am currently assigned to theWake County Sheriff's Office "Person Crimes Unit". This unit investigates major crimes along with assaults,robbery and homicide. During the course of my employment as a law enforcement officer, I have been trained inthese areas of investigation, death and suicide investigations, fire investigations, crime scene searches and arrestof criminals that are involved in such crimes.

On November 3, 2006 the Wake County Sheriff's Office received information that a deceased body had beenfound by a family member at 5108 Birchleaf Drive Raleigh, North Carolina in the Enchanted Oaks Subdivision.Officer' 5 arriving on the scene discovered a deceased female on the floor of her master bedroom. There is bloodspatter on the walls, and lamp in the room. The victim's sister came to the house and discovered the three-year-old child of the victim walking inside the home. The sister entered the home and discovered the victim. Thesister then called the Sheriff's Office.

On April 4,2007 the Wake County Sheriff's Office received information that a mallet type object was found bythe next door neighbor, Mrs. Laura Gilgen of 5112 Birchleaf Drive Raleigh, North Carolina. Mrs. Gilgen wascutting the grass irrthe front yard at 5108 Birchleaf Drive on April 4, 2007, when she discovered the mallet typeobject. The item is located in the front yard of 5108 Birchleaf Drive, just off the roadway. Mrs. GilgenSWORN AND SUBSCRIBED TO BEFORE ME page 1

DATE __

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SEARCH WARRANT STATE OF NORTH CAROLINAWake County

In the General Court of JusticeDistrict Court Division

In the Matter of:

contacted the Wake County Sheriff's Office to report her find. The cause of death is listed as blunt force trauma.This object is consistent with a blunt object.

The crime scene located at 5108 Birchleaf Drive Raleigh, North Carolina needs to be searched and processed forevidence and instrumentalities of this crime. The items searched for will be blood evidence, trace evidence,instruments and items used to cause the death of the victim, evidence and items that will hopefully identify theperson or persons responsible for the death of the victim.

The affiant respectfully requests the court issue a Search Warrant to search the curtilage of 5 I08 Birchleaf DriveRaleigh, North Carolina, located in the Enchanted Oaks Subdivision.

SWORN AND SUBSCRIBED TO BEFORE ME page 2