Free Complaint - District Court of Delaware - Delaware

Case 1 :08-mj-00108-UNA Document 1 Filed 06/18/2008 Page 1 of 3
In United States District Court
For the District of Delaware
UNITED STATES OF AMERICA
Criminal Complaint
v.
CASE NUMBER: 08-
IO 3 M
MICHAEL SHIVERS,
Defendant.
I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my
knowledge and belief. On or about Jtme 18, 2008 in the District of Delaware, Defendant MICHAEL SHIVERS did
knowingly possess in and affecting interstate or foreign commerce, a firearm, after having been convicted of a felony
crime punishable by imprisonment for a term exceeding one year,
in violation of Title 18 United States Code, Section(s) 922| g)( 1 [ and 924ga)§2).
I further state that I am a(n) ATF Task Force Officer and Special Depug; U.S. Marshal and that this complaint is based
Official Title
on the following facts:
gg attached Affidavit
Continued on the attached sheet and made a part hereof: Yes
Z David Rosenblum
ATF Task Force O cer an pecl p . . arshal
_ _ , JUN l 8 2008
Swom to before me and subscribed 1n my presence,
us, DISTRECT comm
_ _msTR1ct or qiiygg ___"____
June 18, 2008 at Wilmington, DE
Date City and State
Honorable Mary Pat Thynge ~
United States Magistrate Judge
Name & Title of Judicial Officer gnature of Jud' Officer

Case 1:08-mj-00108-UNA Document 1 Filed 06/18/2008 Page 2 of 3
AFFIDAVIT OF PROBABLE CAUSE: ATF Task Force Of`ficer and Special Deputy U.S
Marshal David C. Rosenblum
Your Affiant Detective David C. Rosenblum has been a Wilmington Police Officer for
approximately 10 years and is currently assigned as a Task Force Officer (TF O) 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 Marsha1’s Service. During this Officer’s
employment as a Law Enforcement Officer, Your Affiant 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 drrrg 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 Cotmter
Drug Training, Homeland Security, California Highway Patrol and other law enforcement
agencies. Your Af`fiant 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 15 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.
1. Unless otherwise stated, the information in this affidavit is based upon Your Af`fiant’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 18 J rme 2008, in the City of Wilmington,
State and District of Delaware, as stated to me by at least two Wilmington Police
Officers.
3. On 18 June 2008, WPD Detectives executed a state search warrant of a residence in
Wilmington, State and District of Delaware. Upon execution of the search warrant, a
WPD Detective recovered a firearm. Your Affiant inspected the seized firearm and
found it to be a Florida Firearms Corp. 32 Caliber revolver bearing serial number 2073
which was made in western Germany. The firearm consisted of a frame and receiver of a
firearm and appeared to function by expelling a projectile by the action of an explosive.
4. Your Affiant and a WPD Detective interviewed the defendant post Miranda and after

Case 1:08-mj-00108-UNA Document 1 Filed 06/18/2008 Page 3 of 3
5. Your Affiant reviewed the Delaware Justice Information System Database (DELJ IS) and
verified that Defendant Michael Shivers has a previous felony conviction in the New
Castle County Superior Court for Possession of a Deadly Weapon by a Person
Prohibited on or about 3 January 2006 which Your Afiiant knows is punishable by more
then 1 year in prison.
6. 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 921(a)(3) and was
manufactured in another country or state other than Delaware such that its possession in
Delaware would have necessarily required that the firearm had crossed national or state
lines prior to its possession in Delaware and such that the possession of that firearm in
Delaware affected interstate or foreign commerce.
Wherefore, based upon Your Affiant’s training and experience, Your Affiant believes that there
is probable cause to believe that the defendant violated l8 U.S.C. §§ 922(g)(l) and 924(a)(2), by
knowingly possessing in and affecting interstate and foreign commerce a firearm, after having
previously been convicted of a felony crime punishable by imprisonment for a term exceeding
one year 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
Sjwom to and subscribed in my presence
this [ day of ,4__ 2008
(6
n 5... ...41. 4. - . th
The able Mary P A ynge
United tates Magistrate Judge

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