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Case 3:13-mc-00365 Document 1 Filed 10/17/13 of 15 Page ID#: 1AO 106 (Rev. 04/10) Application for a Search Warrant

UNITED STATES DISTRICT COURT for the

District of Oregon

In the Matter of the Search of (Briefly describe the property to be searched or identifY the person by name and address)

The person of Stephen Francis Bukucs, white male, date of birth

) ) ) ) ) )

Case No. '13-MC- 365 -A

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 person or property (identifY the person or describe the pr.(}Perf)' to be sea&dzrd qnd f.{il!J! its IQcaJjoq): . . . . .

me person or Stepnen rranc1s BUKucs, white male, date of b1rth , more fully descrrbed 1n Attachment A, wh1ch is attached hereto and incorporated herein by this reference.

located in the District of Oregon --------------- ------------~------

, there is now concealed (identifY the

person or describe the property to be seized): Information and items set forth in Attachment B which is attached hereto and incorporated herein by this reference.

The basis for the search under Fed. R. Crim. P. 4l(c) is (check one or more):

ri evidence of a crime;

ri contraband, fruits of crime, or other items illegally possessed;

M property designed for use, intended for use, or used in committing a crime;

a a person to be arrested or a person who is unlawfully restrained.

The search is related to a violation of:

Code Section TITLE 18 U.S.C. SECTION 39 (A)

Offense Description Pointing a laser at an aircraft.

The ?_pplication is based on these facts: See affidavit which is attached hereto and incorporated herein by this reference.

~ Continued on the attached sheet.

a Delayed notice of days (give exact ending date if more than 30 days: ________ ) is requested under 18 U.S.C. § 31 03a, the basis of which is set forth on the attached sheet.

Sworn to before me and signed in my presence.

City and state: Portland, Oregon

Jake Green, Special Agent, FBI Printed name and title

Dennis J. Hubel, United States Magistrate Judge ---

Printed name and title

Case 3:13-mc-00365 Document 1 Filed 10/17/13 of 15 Page ID#: 2

STATE OF OREGON

County ofMultnomah

) ) )

AFFIDA VII OF JAKE GREEN

AFFIDAVIT IN SUPPORT OF SEARCH WARRANT

I, Jake Green, being duly sworn, do hereby depose and state as follows:

Introduction

1. I am a Special Agent (SA) with the Federal Bureau oflnvestigation (FBI) and have

been so employed since February of2011. I am currently assigned to the Portland Division of

the FBI where I investigate a myriad of federal criminal offenses including crimes aboard and

aircraft and domestic terrorism matters. I am authorized and presently assigned as the airport

liaison to Portland International Airport (PDX) I have also acquired knowledge and information

about crimes related to federal jurisdiction aboard aircraft, and the various mean and methods by

which such crimes are committed from numerous other sources, including: formal and informal

training, other law enforcement officers and investigators, informants, persons whom I have

arrested and/or interviewed, and my participation in numerous other investigations. violations of

federal law.

2. Because this affidavit is submitted for the limited purpose of establishing probable cause

in support of the application for a search warrant, it does not set forth each and every fact that I

or others have learned during the course of this investigation.

Applicable Criminal Statutes and Definitions

3. This affidavit is submitted in support of an application for a search warrant under

Title 18 USC§ 39(A), "Aiming a laser pointer at an aircraft," wherein whoever knowingly aims

the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or

Page 1 AFFIDAVIT OF JAKE GREEN


at the flight path of such an aircraft, shall be fined under this title or imprisoned not more than

five years or both. As described more fully below, I have reason to believe that the vehicle is

being used to travel to different locations in Portland, Oregon, and target aircraft with a handheld

laser.

a.

b.

b.

The elements ofTitle 18, United States Code, § 39(A) are:

Knowingly aims the beam of a laser pointer at an aircraft;

Or at the flight path of such an aircraft;

in the special aircraft jurisdiction of the United States;

PREMISES TO BE SEARCHED

4. The premises to be searched are described in ATTACHMENT A, and are

described as follows:

SUBJECT 1; The person of Stephen Francis Bukucs, white male, date of birth

SUBJECT PREMISES 1; is located at , Portland Oregon, 97220, Apartment 35,

and is the residence of Stephen Francis Bukucs.

SUBJECT VEHICLE 1; is described as a 2004 Ford Crown Victoria, Oregon license plate

number , blue in color, and vehicle identification number (VIN)

, and is registered to Stephen Francis Bukucs. The vehicle is located at

SUBJECT PREMESIS 1.

BACKGROUND OF THE INVESTIGATION

5. Portland, Oregon, has had among the highest reported incidents of lasers targeting aircraft

in the nation. In 2012 Portland International Airport (PDX) had an all-time high of

approximately 120 separate incidents. In 2013 PDX is on pace to dramatically increase on 2012

incidents. When someone targets an aircraft with a laser pointer, the light from the laser expands

Page 2- AFFIDAVIT OF JAKE GREEN


from the fine beam at the origination point to a wide beam of light. Depending on the distance to

the plane, the beam can be several feet wide. According to the Federal Aviation Administration

(FAA), pilots can experience detrimental effects, including distractions, glare, after images, flash

blindness, and, in extreme cases, eye damage. It can be dangerous for all people aboard the

aircraft for the pilots or flight crews to be targeted by beams of light.

STATEMENT OF PROBABLE CAUSE

6. On August 10, 2013, the FBI Portland, in conjunction with Portland Police Bureau

(PPB), the Clackamas County Sheriff's Office, the Federal Aviation Administration, the

Transportation Security Administration, and the Port of Portland Police Department (POP)

conducted a multi-agency surveillance. In preparation for the operation, PPB, FBI and POP

identified the Gateway Transit Station and the surrounding southern neighborhood as an area

where previous laser incidents had originated. In total there were four law enforcement planes in

the area conducting surveillance utilizing video recording. The purpose of the surveillance was to

track the ground-based lasers targeting aircraft approaching PDX. Each plane was equipped with

video surveillance cameras.

7. Surveillance established that the following planes were targeted by ground-based green

lasers at the approximate times on August 10, 2013:

a. 23: 15 Alaska Airlines flight 619

b. 23:25 FBI plane

c. 23:34 PPB plane #2

d. 23:38 FBI plane

e. 23:45 PPB plane # 1

8. PPB plane #1 's recording was initiated at 22:28:53 and ended at 00:04:13. While over

Northeast Portland, east ofl-205, PPB plane #1 was struck by a green laser. A video recording

was made from the plane from a downward looking camera on the underbelly of the aircraft.

The video was provided to the FBI at the conclusion of the surveillance.

Page 3 -AFFIDAVIT OF JAKE GREEN


9. On August 10, 2013, while the four law enforcement planes were conducting air

operations, they communicated to the ground regarding the origination point of the green laser.

10. Officers D. Sahota and Eriksen from POP, who were part of the ground surveillance

team, were sitting in the Fred Meyer parking lot located at 1111 NE 1 02nd A venue, when they

overheard surveillance aircraft advise they believed the laser had come from the area of an

apartment complex on .

11. Officers Sahota and Eriksen walked from the Fred Meyer lot southbound along NE 99th

Ave. At approximately 11 :40 PM, they observed movement from a group of duplexes just north

of the apartment complex. They observed an adult male wearing a white t-shirt in the back yard

of one of the duplexes, later identified as Apartment 35. He was looking up to the sky with his

hand cupped above his eyes as if he were blocking light to get a better view. They observed an

aircraft orbiting around the area and could hear it as well. The male quickly started moving

items inside the duplex. One of the first items he moved appeared to be something mounted to a

stand or pole. It is possible the person pointing the laser at the aircraft is using a pole or tripod as

a stabilizer to be more accurate with the laser over the long distances. After going inside with

the items, he shut off the inside and outside lights of the unit. The officers could see him

standing at the glass sliding door looking outside for a few minutes before disappearing in the

dark. After they observed the male go inside, the reports of laser strikes ceased.

12. On August 16, 2013, SA Travis Gluesenkamp conducted a review of the recording made

by PPB plane # 1. The point of origin of the green laser was observed and captured by the video

recording device. The co-pilot placed his cross hairs on the point of origin and held them there

as the plane maneuvered closer to the site. At 23:46:02, the video switches to infrared, and the

location of the origin ofthe laser is observed as the apartment complex located at

, Portland, Oregon.



13. After reviewing the video and utilizing reference points, Google Earth, Google Maps and

walking the grounds of the apartment complex, SA Gluesenkamp determined the point of origin

of the green laser likely came from the vicinity of Apartment 35. SA Gluesenkamp stood near

the fence of Apartment 3 5 and observed that the inbound flight path to the east could be

observed from this location. The yard of Apartment 35 had limited visibility to the west.

14. On September 6, 2013, SA Gluesenkamp and SA Green conducted a review of

recordings made by FBI surveillance cameras between August 21 and 24, 2013. The cameras

are securely mounted in the near vicinity of apartment 35, and they are externally powered to

give a clear and constant picture of the area. The cameras are equipped with normal daylight as

well as low light and night time infrared recording capabilities. One camera was pointed at the

back yard/patio area of Apartment 35, and the other at the parking lot of the apartment complex

called , Portland, Oregon, The purpose

of the review was to correspond aircraft reporting laser strikes in Portland, Oregon, with the

activities of Steven Bukucs.

15. On August 21, 2013, at 11:10 PM TRACON (FAA's reporting agency) reported

Southwest flight 1679 was struck by a green laser while at 2,200 feet. The green laser

illuminated the cockpit.

16. On the video from August 21, 2013, the following things were reviewed at the

approximate times:

10:35:35 PM

10:36:12

The lights go out in Ll (Apartment 35).

Subject 1 (S1) exits Ll. The marker lights flash twice on BUKUCS' Ford

Crown Victoria (V 1) indicating the alarm was turned off via a remote.

10:38:28

11:39:07

11:43:22

11:44:26

11:45:53

V1 drives away.

VI returns.

Sl exits VI and walks toLl.

Lights go on in L 1.

S 1 walks outside and appears to walk his cat on a leash while smoking.

Page 5 AFFIDAVIT OF JAKE GREEN


11:55:00

12:06:16

12:28:28

12:28:51

S 1 walks inside.

All lights go out in Ll.

S 1 walks outside.

S 1 holds something in his hand while standing outside near his patio. A

dot from a laser appears on the ground near him for five seconds.

12:32:35 S 1 leaves camera frame while walking northbound.

12:36:14

12:40:07

12:40:11

01:05:32

01:12:06

01:18:49

S 1 is back in camera frame.

S 1 leaves frame again to the north.

A laser dot appears and traces the sidewalk for two seconds.

S 1 is back in the frame of the camera.

S 1 leaves camera frame.

S 1 is back in the frame of the camera.

01:18:58 Laser point originates at S1's feet and goes above him into the tree nearby.

S 1 's hand follows the point.

01:19 S 1 walks to Vl.

01 :20:31 S 1 walks inside L 1.

01:35 Living room light in Ll off.

01:42 Bedroom light in L1 off.

02:45

02:48:33

S 1 leaves L 1 and walks around outside smoking.

S 1 reenters L 1.

17. On August 23, 2013, TRACON reported N609KY, a Cessna C172, was struck by a green

laser at 09:17 PM. On the same day TRACON reported N544 77, a Cessna C 172, was struck by

a green laser at 10:36 PM.

18. Only the camera pointed at the back yard/patio area of Apartment 35 was operational.

On the video from August 23, 2013, the following things were reviewed at the approximate

times:

08:23PM

09:11

No movement from Apartment 35.

For the next nine minutes, living room and bedroom lights go on and off



several times. No people are visible in the apartment. A cat is seen moving around.

11:11:02 S1 walks inside Ll

Based on the position of the camera and the interior lighting of the apartment, one would likely

be able to see a silhouette of a person moving around the apartment. During the review of this

timeframes no silhouette was seen. It is likely the apartment was not occupied by Bukucs, and

the lights were turning on and off based on the movement of the cat inside the apartment.

19. On August 24, 2013, TRACON reported UPS 976 observed a green laser at 11:12 PM.

20. Only the camera pointed at the back yard/patio area of Apartment 35 was operational.

On the video from August 24, 2013, the following things were reviewed at the approximate

times:

10:16 PM.

10:51

11:08

No one visible, and no movement in Apartment 35.

Bedroom light goes on.

All lights out.

21. On September 14,2013 TRACON reported N450JA, PIPER PA44 was struck by a green

laser at 10:04 PM.

22. On September 14, 2013, a physical surveillance was conducted at ,

Portland, 97220. The following observations were made at the approximate

times:

07:28PM Surveillance Began, a blue Ford Crown Victoria, Oregon

license plate number (VI) is in the apartment complex parking lot.

The lights are on in apartment 35 (L 1 ).

07:43 Stephen Bukucs (S 1) exits L 1 and walks to V 1. After a few

seconds of accessing V1, BUKUCS returns toLl.

09:41 S 1 walks to V 1. Driving V 1, S 1 exits the parking lot and

drives south on .



09:55 S 1 parks in front of 5026 SE 140th Ave, Portland Oregon.

(The neighborhood does not allow for constant visual of S 1. random drive

by's are conducted.) A car in the drive way of the residence has Oregon

License plate

1 0:02 S 1 is seen standing next to the car and smoking a

cigarette. S1 has a clear view of the aircraft N450JA's flight path.

1 0: 15 S 1 walks to the front door of 5 026 SE 140th Ave.

11 :24 S 1 walks to his vehicle and shows it off to unknown

female.

11:33

11:52

23303

11:53

VI.

S 1 departs residence alone in V 1.

V1 Pulls into main office of Townsend Farms located at

NE Sandy Blvd, Fairview, Oregon.

V1 backs into a spot across from NE 230nd Ave. Sl sits in

12:45 Surveillance terminated.

23. On October 15, 2013, SA Gluesenkamp and SA Green conducted a review of recordings

made by FBI surveillance cameras between on October 13, 2013. The camera is securely

mounted in the near vicinity of apartment 35, and is externally powered to give a clear and

constant picture of the area. The cameras are equipped with normal daylight as well as low light

and night time infrared recording capabilities. The camera was pointed at the back yard/patio

area of Apartment 35, of the apartment complex called located at

, Portland, Oregon, The purpose of the review was to correspond aircraft

reporting laser strikes in Portland, Oregon, with the activities of Steven Bukucs.

~t- 24. On October, 13, 2013, at 2319 doN reported United flight 1406 was struck by

·' a green laser while at 1,700 feet on approach to PDX. On 10/13/2013, at

$0fmN reported Jetblue flight 1205 was struck by a green laser while

at 7,500 feet.



25. The following observations were made at the approximate times:

~~I :08: I 0 PM J.I7The lights are on in Apartment 35. S I walks around the comer

from the front door of . S1 us wearing a black shirt with a

white emblem on the chest. (Camera does not have view of front door) S1

lights cigarette and walks back and forth on sidewalk along .

11:10:18

11:10:24

11:14:09

11:14:26

11:14:39

11:18:13

S 1 Walks north along sidewalk out of the camera's frame.

S1 Comes back into frame briefly.

S 1 Walks back into frame.

S 1 Pulls something out of a pants pocket.

S 1 walks north along sidewalk out of the camera's frame.

S 1 walks back into the view of the camera holding something in

his hands pointing it at the sky in an eastern direction.

11:18:43 S 1 walks around comer towards apartment 35's front door, out

of camera's view.

11:42:45 S1 walks around the comer from the front door of Apartment

35. S1lights cigarette and walks back and forth on sidewalk along

is frequently looking around at his surroundings.

11:43:13

11:43:35

11:43:36-44

eastern direction.

11:43:48-54

eastern direction.

11:44:14-30

while holding laser.

11:46:39

11:46:50

out of visual.


S 1 walks back into frame.

S 1 holds laser in his hands pointing it at the sky in an

S 1 holds laser in his hands pointing it at the sky in an

S 1 continues frequently looking around at his surroundings,


S 1 stands just on the edge of the camera frame, he is in and



11:47:07-13

11:47:17-21

11:48:17-34

A light from a laser pointer is seen on the ground.

A light from a laser pointer is seen on the ground.

S1 walks back in the camera frame holding laser in his hands

pointing it at the sky in an eastern direction.

11:48:40 S 1 walks north along sidewalk out of the camera's frame.

11:50:20-37 S 1 walks back in the camera frame holding laser in his

hands pointing it at the sky in an eastern direction. S 1 looks around while

pointing laser.

11 :51 :07 S 1 walks back around the corner towards the front door of

Apartment 35.

11:53:07 The lighting changes in Apartment 35.

11:53:26 There is movement in Apartment 35.

26. I believe that the aforementioned events and video recording has established

there is probable cause to believe information and evidence that would be indicia of the crimes of

Pointing a laser at an aircraft, in violation of Title 18, United States Code, § 39(A), are present

within SUBJECT PREMISES 1, located at

, and is the residence of Stephen Francis Bukucs, and SUBJECT VEHICLE 1, a

2004 Ford Crown Victoria, Oregon license plate number , blue in color, and vehicle

identification number , and is registered to Stephen Francis

Bukucs, as more fully described below.

PROBABLE CAUSE FOR PHYSICAL EVIDENCE TO BE SEIZED

27. Based on my investigation, training and experience, and conversations with other

experienced law enforcement officials, I believe that information and evidence that would be

indicia of the crimes of pointing a laser at an aircraft, violation of Title 18, United States Code,§

39(A), are located in SUBJECT PREMISES 1, located at

, and is the residence of Stephen Francis Bukucs, and SUBJECT VEHICLE

1, a 2004 Ford Crown Victoria, Oregon license plate number , blue in color, and

Page 10-AFFIDAVIT OF JAKE GREEN


vehicle identification number .

28. I know that Bukucs has utilized SUBJECT VEHICLE 1, to travel and transport him and a

laser pointer on 9114/2013. I know people can listen to aircraft communications via a hand held

radio programmed to FAA frequencies. I know Bukucs has used this item to target aircraft with

the laser pointer, and there is probable cause to believe that evidence of the violation of Title 18,

U.S.C. Section 39, pointing a laser at an aircraft is present within SUBJECT PREMISES 1 or

SUBJECT VEHICLE 1.

Conclusion

29. Based on the foregoing information, I have probable cause to believe that a violation of

Title 18, U.S.C. Section 39(A), pointing a laser at an aircraft, has occurred, and that contraband,

or evidence, fruits, and instrumentalities of that offense, as set forth herein and in Attachment B,

are currently at the residence located SUBJECT PREMISES 1, located at

and is the residence of Stephen Francis Bukucs, and

SUBJECT VEHICLE 1, a 2004 Ford Crown Victoria, Oregon license plate number ,

blue in color, and vehicle identification number (VIN). I therefore respectfully request that a

search warrant be issued authorizing a search of those premises for the items described above

and in Attachment B, and authorizing the seizure and examination of any such items found

therein.


Case 3:13-mc-00365 Document 1 Filed 10/17/13 of 15 Page ID#: 13' ..

29. This affidavit, the accompanying application, and the requested search warrant

were reviewed by Assistant United States Attorney Stephen F. Peifer prior to being submitted to

the court. AUSA Peifer informed me that in his opinion, the affidavit and application are legally

and factually sufficient to establish probable cause to support the issuance of the requested

warrant.

a~~ttzaJ e Green

Special Agent Federal Bureau of Investigation

Subscribed to before me this ftf'ofoctober, 2013.

~~~ United States Magistrate Judge



ATTACHMENT A

PLACE TO BE SEARCHED

SUBJECT 1 -The person of Stehpen Bukucs, white male, date of birth

SUBJECT PREMISES 1-located at and is the residence of Stephen Francis Bukucs,

A ground floor apartment located on the NorthEast side of the grey/green eightplex building. The residence has silver aluminum framed windows and no shutters. The residence has a patio with a waist high wooden fence surrounding it. The front door is located down a short hallway accessible from the east side of the building. There is a number 35 next to the front door .. There is a white sign posted on the East side of the patio fence advertising "NightHawk Security".

SUBJECT VEHICLE 1 -a 2004 Ford Crown Victoria, Oregon license plate number , blue in color, and vehicle identification number . The

vehicle is located at SUBJECT PREMISES 1.



ATTACHMENT B

Items to be Searched For, Seized, and Examined

The following records, documents, and items that constitute evidence, contraband, fruits and/or instrumentalities of violations of Title 18 USC§ 39(A), pointing a laser at an aircraft:

a) Any laser pointers, or any sources of light that could be pointed at an aircraft.

b) Any stabilizing attachments, (tripods, poles) or anything designed to be attached to

laser pointers, or act as an accessory to a laser pointer.

c) Any and all receipts for the purchase of lasers, attachments or accessories.

d) Any and all aircraft data, graphs, flight path information, records.

e) Any and all radio communication equipment that could be used to listen to FAA

aircraft communications.

f) A black shirt with a large grey or white emblem on the chest.

14- ATTACHMENT B

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