Free Exhibit List - District Court of Delaware - Delaware

Case 1:08-cr-00102-JJF Document 7 Filed 06/18/2008 Page 1 014
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Case 1 :08-cr-00102-JJF Document 7 Filed 06/18/2008 Page 2 of 4
AFFIDAVIT OF PROBABLE CAUSE; ATF Task Force Officer and Special Deputy U.S
Marshal David C. Rosenblum
Your Affiant Detective David C. Rosenblum has been a Wilmington Police Officer for
approximately l0 years and is currently assigned as a Task Force Officer (TFO) with the
U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), whose duties include the
investigation into firearms offenses committed in Wilmington, Delaware. Your Affiant has
been authorized to seek and execute arrest and search warrants supporting a federal task
force through Deputization by the United States Marshal’s Service. During this Ofticer’s
employment as a Law Enforcement Officer, Your Afiiant has authored in excess of 400
felony arrests warrants for crimes, some of which involved illegal narcotics and firearms.
Prior to Your Affiant’s current assignment, this Officer was assigned to the Wilmington
Police Drug, Organized Crime, and Vice Division, Operation Safe Streets Task Force where
Your Affiant has conducted over an estimated 1000 investigations into illegal narcotics and!
or firearms offenses whereby, this Officer seized numerous weapons along with large
amounts of narcotics and suspected drug proceeds. During Your Affiant’s tenure as a Law
Enforcement Officer, Your Affiant has received over 275 days of training from the DOJ,
FBI, ATF, DEA, DSP, WPD, DOC, Royal Canadian Mounted Police, North East Counter
Drug Training, Homeland Security, California Highway Patrol and other law enforcement
agencies. Your Affiant has been qualified in Delaware Superior Court and Federal Court,
District of Delaware to provide expert testimony on the intent to distribute controlled
substances and has testified as an expert in approximately I5 felony drug trials. During the
course of previous investigations, Your Affiant has had conversations with federal agents
and law enforcement officers with knowledge and/ or expertise in firearms offenses dealing
with interstate nexus of firearms crossing state lines thereby affecting interstate commerce.
I . Unless otherwise stated, the information in this affidavit is based upon Your Affiant’s
personal knowledge and conversations with other Wilmington Police Officers. Because
this affidavit is solely for establishing probable cause, not all facts related to this
investigation are included herein.
2. The events stated below occurred on or about I2 June 2008, in the City of Wilmington,
State and District of Delaware, as stated to me by at least two Wilmington Police
Officer.
3. Police Officers from the Wilmington Police Drug, Organized Crime, and Vice Division .
(DOCV) executed a State search warrant on l2 June 2008. The target of the search
warrant (Defendant DWAYNE SKINNER) was known to the investigating officers as
being wanted out of Delaware Court of Common Pleas for two capiases, one of which
was failure to appear for traffic charges. Upon approaching the target residence
SKINNER was observed seated in the front passenger seat in a van parked in front of
the target residence. Upon approaching the van, two WPD officers assisting in the
search warrant observed SKINNNER manipulating an object in his hands then upon
observing the approaching officers reached his hand in a downward motion toward the
right side of the passenger seat toward the floorboard located between the seat and the
door
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Case 1 :08-cr-00102-JJF Document 7 Filed 06/18/2008 Page 3 of 4
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4. The officers who observed the behavior described in paragraph lg opened the passenger
side van door to detain the defendant. Upon opening the door, e contacting officer
immediately identified a firearm in plain view located on the floorboard between the
door and seat next to the rocker panel of the van. SKINNER was placed into custody. It
should be noted that the van was occupied by two additional males; one seated in the
rear seat and one in the driver seat.
5. Search incident to the arrest, SKINNER was found to possess 22 bags of a white chunky
substance that was later identified by an officer assigned to the DOCV as crack cocaine,
field tested positive for cocaine, and had a total gross weight of 2.2 grams. According
to Your Affiant’s training and experience, the packaging of the crack cocaine is
consistent with possession with intent to distribute.
6. Your Affiant along with a Wilmington DOCV detective later interviewed the suspect
post Miranda Waming. Prior to conducting the interview, the defendant consented to the
interview. Dining the interview, the defendant stated in part that the crack cocaine
discovered in his pocket was for sale. The defendant denied possessing the firearm in
the van but stated he observed the weapon in the vehicle as he entered same. He iirrther
advised he was aware he was a convicted felon. Lastly, the defendant, despite denying
possessing the firearm at the time of the arrest admitted possessing the firearm on an
earlier date and added that he possessed the fireann on the earlier date to move it from
one concealed location to another. He described the concealed location as being in a
yard of a vacant residence a few houses away from his own. I-Ie stated he moved the
weapon because he was instructed to do so by another individual who he failed to
identify.
7. Your Affiant physically inspected the weapon which is described as a Taurus PT—22, 22
caliber LR bearing serial number AWD20l 81 made in USA-Miami, FL which
contained 7 rounds in the magazine. `
8. Your Affiant reviewed the Delaware Justice Information System Database (DELJIS)
and verified that SKJNNER, in the New Castle County Superior Court, has a number of
criminal convictions that are punishable by imprisomnent for a term of exceeding 1
year, including Maintaining a Dwelling for Keeping Controlled Substances (7/3 l/06),
Possession with intent to Deliver a Narcotic Schedule Il Controlled Substance
(7/31/06), Possession of a Deadly Weapon (Firearm) by a Person Prohibited (7/31/06),
Theft $1000 or Greater (Deprive Person) (4/8/2000), and Conspiracy Second Degree
(5/ 1 5/2000.)
9. After physically inspecting the weapon and from my training and experience, and after
discussion with an ATF Agent who is expertly trained and experienced in determining
the interstate nexus of firearms, Your Affiant believes that the above described weapon
is a firearm as defined in 18 U.S.C., Chapter 44, Section 92l(a)(3) and was
manufactured in a state other than Delaware such that its possession in Delaware would
have necessarily required that the firearm had crossed state lines prior to its possession
in Delaware and such that the possession of that firearm in Delaware affected interstate

Case 1 :08-cr-00102-JJF Document 7 Filed 06/18/2008 Page 4 of 4
or foreign commerce.
Wherefore, based upon Your Afiianfs training and experience, Your Affiant believes that there
is probable cause to believe that the defendant violated:(l) 18 U.S.C. §§ 922(g)(]) and 924(a)(2),
by knowingly possessing in and affecting interstate commerce a firearm, after having previously
been convicted of a felony crime punishable by imprisonment for a term exceeding one year, and
(2) 21 U.S.C. §§ 8-4l(a)(l) and (b)(l)(C), by knowing possession with intent to distribute a
mixture and substance containing a detectible amount of cocaine base, and respectfully requests
that the Court issue a Criminal Complaint charging this offense.
David C. Rosenblum
Task Force Officer, ATF
_ Special Deputy U.S. Marshal
Sworn to and subscribed in my presence
this Bday of & U »t°—- 2008
The Honorable Leonard P. Stark
United States Magistrate Judge

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